H.R.2346
Supplemental Appropriations Act, 2009 (Reported in House)

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EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

National Security Council

salaries and expenses

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

CHAPTER 5--HOMELAND SECURITY

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

firefighter assistance grants

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

GENERAL PROVISIONS, THIS CHAPTER

Sec. 20501. Notwithstanding sections 12112, 55102, and 55103 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with appropriate endorsement for engaging in the coastwise trade for the drydock ALABAMA (United States official number 641504).

Sec. 20502. Notwithstanding sections 55101, 55103, and 12112 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel MARYLAND INDEPENDENCE (official number 662573). The coastwise endorsement issued under authority of this section is terminated if--

(1) the vessel, or controlling interest in the person that owns the vessel, is conveyed after the date of enactment of this Act; or

(2) any repairs or alterations are made to the vessel outside of the United States.

CHAPTER 6--INTERIOR AND ENVIRONMENT

DEPARTMENT OF THE INTERIOR

Department-Wide Programs

wildland fire management

(including transfer of funds)

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

DEPARTMENT OF AGRICULTURE

Forest Service

wildland fire management

(including transfer of funds)

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

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)

For an additional amount for `Public Health and Social Services Emergency Fund' to prepare for and respond to an influenza pandemic, including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools and to assist international efforts and respond to international needs relating to the 2009-H1N1 influenza outbreak, $1,850,000,000, to remain available until expended: Provided, That no less than $350,000,000 shall be for upgrading State and local capacity: Provided further, That no less than $200,000,000 shall be transferred to the Centers for Disease Control and Prevention to carry out global and domestic disease surveillance, laboratory capacity and research, laboratory diagnostics, risk communication, rapid response, and quarantine: Provided further, That products purchased with these funds may, at the discretion of the Secretary of Health and Human Services (`Secretary'), be deposited in the Strategic National Stockpile under section 319F-2 of the Public Health Service Act: Provided further, That notwithstanding section 496(b) of the Public Health Service Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccine and other biologics, where the Secretary finds such a contract necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated under this heading and not specifically designated under this heading may be transferred to, and merged with, other appropriation accounts of the Department of Health and Human Services and other Federal agencies, as determined by the Secretary to be appropriate, to be used for the purposes specified under this heading and to the fund authorized by section 319F-4 of the Public Health Service Act: Provided further, That transfers to other Federal agencies shall be made in consultation with the Director of the Office of Management and Budget: Provided further, That prior to transferring any funds under this heading, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority available in this or any other Act.

GENERAL PROVISION, THIS CHAPTER

Sec. 20701. Title II of division F of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended under the heading `Children and Families Services Programs'--

(1) by striking the first proviso in its entirety; and

(2) by striking `Provided further' the first place it appears and inserting `Provided'.

CHAPTER 8--LEGISLATIVE BRANCH

CAPITOL POLICE

general expenses

For an additional amount for `General Expenses', $71,606,000, to purchase and install a new radio system for the Capitol Police to remain available until September 30, 2012: Provided, That $6,500,000 of these funds shall be designated as `contingency' and shall only be available for obligation upon approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Chief of the Capitol Police may not obligate any of the funds appropriated under this heading without approval of an obligation plan by the Committees on Appropriations of the House of Representatives and the Senate.

CHAPTER 9--MILITARY CONSTRUCTION

DEPARTMENT OF DEFENSE

Military Construction, Army

(including rescission)

For an additional amount for `Military Construction, Army', $1,407,231,000, of which $810,850,000 shall remain available until September 30, 2010, and of which $596,381,000 for child development centers, warrior in transition facilities, and planning and design shall remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $68,081,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That of the funds appropriated for `Military Construction, Army' under Public Law 110-252, $142,500,000 is rescinded.

Military Construction, Navy and Marine Corps

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

Military Construction, Air Force

(including rescission)

For an additional amount for `Military Construction, Air Force', $279,120,000, of which $255,650,000 shall remain available until September 30, 2010, and of which $23,470,000 for child development centers and planning and design shall remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $12,070,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That of the funds appropriated for `Military Construction, Air Force' under Public Law 110-252, $30,000,000 is rescinded.

Military Construction, Defense-Wide

For an additional amount for `Military Construction, Defense-Wide', $1,086,968,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $30,000,000 shall be for the planning and design of a National Security Agency data center and $1,056,968,000 shall be for the construction of hospitals: Provided further, That not later than 30 days after the enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for the funds provided for hospital construction under this heading.

North Atlantic Treaty Organization

Security Investment Program

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

Department of Defense Base Closure Account 2005

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

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

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

(including transfer of funds)

For an additional amount for `Diplomatic and Consular Programs', $1,016,215,000, to remain available until September 30, 2010, of which $403,983,000 is for worldwide security protection and shall remain available until expended: Provided, That the Secretary of State may transfer up to $157,600,000 of the total funds made available under this heading to any other appropriation of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided further, That up to $10,900,000 of the funds made available under this heading for public diplomacy activities should be transferred to, and merged with, funds made available for `International Broadcasting Operations' for broadcasting activities to the Pakistan-Afghanistan Border Region.

office of inspector general

(including transfer of funds)

For an additional amount for `Office of Inspector General', $17,123,000, to remain available until September 30, 2010, of which $7,201,000 shall be transferred to the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight: Provided, That the Special Inspector General for Afghanistan Reconstruction may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of such section) for funds made available for fiscal years 2009 and 2010: Provided further, That the Inspector General of the United States Department of State and the Broadcasting Board of Governors, the Special Inspector General for Iraq Reconstruction, the Special Inspector General for Afghanistan Reconstruction, and the Inspector General of the United States Agency for International Development shall coordinate and integrate the programming of funds made available under this heading in fiscal year 2009 for oversight of programs in Afghanistan, Pakistan and Iraq: Provided further, That the Secretary of State shall submit to the Committees on Appropriations of the House of Representatives and the Senate, within 30 days of completion, the annual comprehensive audit plan for the Middle East and South Asia developed by the Southwest Asia Joint Planning Group in accordance with section 842 of Public Law 110-181.

embassy security, construction, and maintenance

For an additional amount for `Embassy Security, Construction, and Maintenance', $989,628,000, to remain available until expended, for worldwide security upgrades, acquisition, and construction as authorized: Provided, That funds made available under this heading in this chapter shall be for providing secure diplomatic facilities and housing for United States Mission staff in Afghanistan and Pakistan, and for the deployment of mobile mail screening units.

International Organizations

contributions for international peacekeeping activities

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

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President

operating expenses

For an additional amount for `Operating Expenses', $152,600,000, to remain available until September 30, 2010.

capital investment fund

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

office of inspector general

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

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

global health and child survival

For an additional amount for `Global Health and Child Survival', $300,000,000, to remain available until September 30, 2010: Provided, That $200,000,000 shall be made available for pandemic preparedness and response: Provided further, That $100,000,000 shall be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further, That the amounts made available under this heading in this chapter are in addition to amounts made available for such purpose in the Department of State, Foreign Operations and Related Programs Appropriations Act, 2009 (division H of Public Law 111-8): Provided further, That notwithstanding any other provision of law, to include minimum funding requirements or funding directives, if the President determines and reports to the Committees on Appropriations of the House of Representatives and the Senate that the human-to-human transmission of the H1N1 virus is efficient and sustained, and is spreading internationally, funds made available under the headings `Global Health and Child Survival', `Development Assistance', `Economic Support Fund', and `Millennium Challenge Corporation' in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to combat the H1N1 virus: Provided further, That funds made available pursuant to the authority of the previous proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate.

international disaster assistance

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

economic support fund

(including transfer of funds)

For an additional amount for `Economic Support Fund', $2,907,500,000, to remain available until September 30, 2010, of which up to $529,500,000 is for assistance for Pakistan: Provided, That of the funds made available under this heading, not less than $70,000,000 shall be made available for the National Solidarity Program in Afghanistan: Provided further, That of the funds made available under this heading, not more than $556,000,000 may be made available for assistance for the West Bank and Gaza, of which not to exceed $5,000,000 may be used for administrative expenses of the United States Agency for International Development, in addition to funds otherwise available for such purposes, to carry out programs in the West Bank and Gaza, and of which $2,000,000 shall be transferred, and merged with, funds available under the heading `United States Agency for International Development, Funds Appropriated to the President, Office of Inspector General' to conduct oversight of programs in the West Bank and Gaza: Provided further, That of the amounts made available for assistance for the West Bank and Gaza, not more than $200,000,000 may be made available for cash transfer assistance to the Palestinian Authority: Provided further, That none of the funds made available under this heading for cash transfer assistance to the Palestinian Authority may be obligated for salaries of personnel of the Palestinian Authority located in Gaza: Provided further, That up to $10,000,000 of the funds made available under this heading may be made available for disaster assistance in Burma only for humanitarian assistance to Burmese affected by Cyclone Nargis, notwithstanding any other provision of law: Provided further, That of the funds made available under this heading, up to $300,000,000 may be made available for assistance for developing countries impacted by the global financial crisis, including Haiti, Liberia, and Indonesia.

assistance for europe, eurasia and central asia

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

Department of State

international narcotics control and law enforcement

For an additional amount for `International Narcotics Control and Law Enforcement', $483,500,000, to remain available until September 30, 2010: Provided, That not less than $160,000,000 shall be made available for assistance for Mexico to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, and shall be immediately available notwithstanding section 7045(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111-8): Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate, except that notifications shall be transmitted at least 5 days in advance of the obligation of any funds appropriated under this heading: Provided further, That of the funds appropriated under this heading, not more than $106,000,000 shall be made available for security assistance for the West Bank: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Committees on Appropriations of the House of Representatives and the Senate, in classified form if necessary, on the use of assistance provided by the United States for the training of Palestinian security forces, including detailed descriptions of the training, curriculum, and equipment provided; and an assessment of the training and the performance of forces after training has been completed.

nonproliferation, anti-terrorism, demining and related programs

For an additional amount for `Nonproliferation, Anti-Terrorism, Demining and Related Programs', $98,500,000, to remain available until September 30, 2010, of which up to $73,500,000 may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation, disarmament and weapons destruction, and shall remain available until expended: Provided, That funds made available for the Nonproliferation and Disarmament Fund shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate.

migration and refugee assistance

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

INTERNATIONAL SECURITY ASSISTANCE

Funds Appropriated to the President

peacekeeping operations

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

international military education and training

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

foreign military financing program

For an additional amount for `Foreign Military Financing Program', $1,349,000,000, to remain available until September 30, 2010: Provided, That not less than $310,000,000 shall be made available for assistance for Mexico and shall be immediately available notwithstanding section 7045(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111-8): Provided further, That funds made available pursuant to the previous proviso shall be available notwithstanding section 36(b) of the Arms Export Control Act: Provided further, That of the funds appropriated under this heading not less than $150,000,000 shall be available for Jordan: Provided further, That of the funds appropriated under this heading, not less than $555,000,000, shall be available for grants only for Israel and shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which $145,965,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated under this heading, not less than $260,000,000 shall be made available for grants only for Egypt, including for border security programs and activities in the Sinai: Provided further, That funds appropriated pursuant to the previous proviso estimated to be outlayed for Egypt shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act: Provided further, That up to $74,000,000 may be available for Lebanon only after the Secretary of State submits to the Committees on Appropriations of the House of Representatives and the Senate a report on procedures established to determine eligibility of members and units of the security forces of Lebanon to participate in United States training and assistance programs and on the end use monitoring of all equipment provided under such programs to the Lebanese security forces: Provided further, That prior to the initial obligation of funds the Secretary of State shall certify to the Committees on Appropriations of the House of Representatives and the Senate that all practicable efforts have been made to ensure that such assistance is not provided to or through any individual, or private or government entity, that advocates, plans, sponsors, engages in, or has engaged in, terrorist activity.

pakistan counterinsurgency capability fund

(including transfer of funds)

There is hereby established in the Treasury of the United States a special account to be known as the `Pakistan Counterinsurgency Capability Fund'. For necessary expenses to carry out the provisions of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act for counterinsurgency activities in Pakistan, $400,000,000, which shall become available on September 30, 2009, and remain available until September 30, 2010: Provided, That such funds shall be available to the Secretary of State, with the concurrence of the Secretary of Defense, notwithstanding any other provision of law, for the purpose of providing assistance for Pakistan to build and maintain the counterinsurgency capability of Pakistani security forces, and, on an exceptional basis, irregular security forces, to include program management and the provision of equipment, supplies, services, training, and facility and infrastructure repair, renovation, and construction: Provided further, That these funds may be transferred by the Secretary of State to the Department of Defense or other Federal departments or agencies to support counterinsurgency operations and may be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred, or may be transferred pursuant to the authorities contained in the Foreign Assistance Act of 1961: Provided further, That the Secretary of State shall, not fewer than 15 days prior to making transfers from this appropriation, notify the Committees on Appropriations of the House of Representatives and the Senate, and the congressional defense and foreign affairs committees, in writing of the details of any such transfer: Provided further, That the Secretary of State shall submit not later than 30 days after the end of each fiscal quarter to the Committees on Appropriations of the House of Representatives and the Senate a report summarizing, on a project-by-project basis, the transfer of funds from this appropriation: Provided further, That upon determination by the Secretary of Defense or head of other Federal department or agency, with the concurrence of the Secretary of State, that all or part of the funds so transferred from this appropriation are not necessary for the purposes herein, such amounts may be transferred by the head of the relevant Federal department or agency back to this appropriation and shall be available for the same purposes and for the same time period as originally appropriated: Provided further, That any required notification or report may be submitted in classified or unclassified form.

GENERAL PROVISIONS, THIS CHAPTER

extension of authorities

Sec. 21001.