H.R.2346

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

5/14/2009--Passed House amended.    (There are 2 other summaries)

Supplemental Appropriations Act, 2009 - Title I: Defense Matters - Makes supplemental appropriations for FY2009 to the Department of Defense (DOD) for: (1) military personnel in the Army, Navy, Marine Corps, and Air Force (military departments); (2) operation and maintenance for the military departments, DOD, the reserves, and the Army National Guard; (3) the Iraq Freedom Fund; (4) the Afghanistan Security Forces Fund; (5) the Pakistan Counterinsurgency Fund; (6) procurement for the military departments, DOD, and National Guard and reserve equipment; (7) research, development, test and evaluation for the military departments and DOD; (8) Defense Working Capital Funds; (9) the Defense Health Program; (10) drug interdiction and counter-drug activities; (11) the Joint Improvised Explosive Device Defeat Fund; (12) the Mine Resistant Ambush Protected Vehicle Fund; and (13) the Office of Inspector General.

(Sec. 10002) Authorizes the Secretary of Defense (Secretary, for purposes of this title), in the national interest, to transfer between appropriations up to $2 billion of the funds made available to DOD in this Act. Requires congressional notification of each transfer.

(Sec. 10006) Makes funds appropriated to the Iraq Security Forces Fund and the Afghanistan Security Forces Fund under the Supplemental Appropriations Act, 2008 available under this Act, through FY2010, for such Funds.

(Sec. 10008) Authorizes the Secretary, beginning in FY2009, to accept contributions to carry out the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction) in Iraq and Afghanistan.

(Sec. 10009) Authorizes the Secretary, through FY2009, to reimburse executive departments or agencies that have established internship programs for costs associated with the first year of employment of eligible military spouses in internship positions.

(Sec. 10010) Authorizes the Secretary to transfer up to $30 million to the Department of State to provide a long-range air traffic control and safety system to support air operations in the Kyrgyz Republic.

(Sec. 10011) Authorizes the Secretary to purchase motor vehicles for use by DOD military and civilian employees in Iraq and Afghanistan, with a cost limit of $75,000 per vehicle.

(Sec. 10012) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 10013) Authorizes the Secretary to make specified transfers of funds to accounts under this Act from accounts under prior defense appropriations Acts.

(Sec. 10014) Rescinds specified funds appropriated to DOD operation and maintenance under the Department of Defense Appropriations Act, 2009.

(Sec. 10015) Appropriates funds for DOD for the payment of stop-loss special pay for members (including reserve and retired personnel) who served for an extended period between September 11, 2001, and September 30, 2009, under the President's stop-loss authority.

(Sec. 10016) Repeals a provision of the National Defense Authorization Act for Fiscal Year 2004 providing certain limitations on the retirement of C-5A aircraft. Allows the Secretary of the Air Force to retire such aircraft after certain certification to the congressional defense and appropriations committees.

(Sec. 10017) Prohibits funds under this title from being used to: (1) provide award fees to defense contractors contrary to award limitations under the National Defense Authorization Act, Fiscal Year 2007; or (2) finance programs or activities denied by Congress in FY2008 or FY2009 appropriations to DOD or to initiate a procurement or research, development, test and evaluation new start program without prior written notification to the defense and appropriations committees.

(Sec. 10019) Prohibits funds from being obligated or expended to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 10020) Prohibitsfunds from being used to establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Afghanistan.

(Sec. 10021) Directs the Secretary to provide quarterly to Congress, through FY2010, a detailed, month-by-month description of the transition of U.S. military forces, equipment, and contractors out of Iraq.

Title II: Military Construction, Foreign Operations, and Other Matters - Chapter 1: Agriculture - Makes supplemental appropriations for the Department of Agriculture (USDA) for the Foreign Agricultural Service for Public Law 480 Title II grants (foreign supplemental food assistance).

(Sec. 20101) Makes certain unobligated funds available to the Secretary of Agriculture to provide assistance under the emergency conservation program established under the Agricultural Credit Act of 1978 for recovery efforts in response to natural disasters.

(Sec. 20102) Earmarks specified funds from the Agricultural Credit Insurance Fund for direct farm ownership loans, direct operating loans, and unsubsidized guaranteed operating loans. Rescinds specified funds provided in prior-year appropriations Acts for discretionary programs in the Rural Development mission area.

Chapter 2: Commerce and Justice - Makes supplemental appropriations for the Department of Justice (DOJ) for: (1) legal activities; (2) the National Security Division; (3) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and (4) the Federal Prison System.

(Sec. 20201) Makes specified funds appropriated under the Supplemental Appropriations Act, 2008 available for the DOJ Office of Inspector General.

Chapter 3: Energy - Makes supplemental appropriations for the Department of Energy (DOE) for: (1) the Strategic Petroleum Reserve; and (2) the National Nuclear Security Administration for defense nuclear nonproliferation.

Chapter 4: General Government - Makes supplemental appropriations for the Executive Office of the President forthe National Security Council.

Chapter 5: Homeland Security - Makes supplemental appropriations for the Department of Homeland Security (DHS) for the Federal Emergency Management Agency for firefighter assistance grants.

(Sec. 20501) Directs the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation for the drydock ALABAMA.

(Sec. 20502) Authorizes the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation for the vessel MARYLAND INDEPENDENCE.

Chapter 6: Interior and Environment - Makes supplemental appropriations for the Department of the Interior and the Forest Service for wildland fire management.

Chapter 7: Health and Human Services - Makes supplemental appropriations for the Department of Health and Human Services (HHS) for the Public Health and Social Services Emergency Fund.

(Sec. 20701) Amends the Omnibus Appropriations Act, 2009 to remove a proviso concerning children and families services programs.

Chapter 8: Legislative Branch - Makes supplemental appropriations for the Capitol Police.

Chapter 9: Military Construction - Makes supplemental appropriations for DOD for: (1) the military departments and DOD; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; and (3) the Department of Defense Base Closure Account 2005.

Chapter 10: State, Foreign Operations, and Related Programs - Makes supplemental appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Office of Inspector General; (3) U.S. embassy security, construction, and maintenance; (4) international peacekeeping activities; (5) the United States Agency for International Development (USAID); (6) global health and child survival; (7) international disaster assistance; (8) the Economic Support Fund (including provisions regarding Pakistan, Afghanistan, the West Bank and Gaza, Burma, Haiti, Liberia, and Indonesia); (9) assistance for Europe, Eurasia, and Central Asia; (10) international narcotics control and law enforcement (including provisions regarding Mexico and the West Bank); (11) nonproliferation, antiterrorism, demining, and related programs; (12) migration and refugee assistance; (13) peacekeeping operations (from funds appropriated to the President); (14) international military education and training; (15) foreign military financing program (including provisions regarding Mexico, Jordan, Israel, Egypt, and Lebanon); and (16) the Pakistan Counterinsurgency Capability Fund (established by this Act).

(Sec. 21001) Extends certain authorities necessary to expend Department and foreign assistance funds.

(Sec. 21002) Allocates specified fund amounts.

(Sec. 21003) Directs the Secretary to provide detailed spending plans to the Senate and House Appropriations Committees (Committees) on the uses of funds appropriatedin this chapter.

(Sec. 21004) Limits migration and assistance funds under this chapter to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for activities in Gaza and the West Bank.

Directs the Secretary to report to the Committees regarding UNRWA oversight.

Transfers specified funds under this chapter for oversight of programs in the West Bank and Gaza and the surrounding region.

(Sec. 21005) Sets forth conditions for assistance to women and girls in Afghanistan.

Directs the Secretary to report to the Committees regarding steps taken to respond to the special security and development needs of women in Afghanistan.

(Sec. 21006) Obligates specified funds for: (1) assistance to Somalia; and (2) the expanded African Union Mission to Somalia (AMISOM) and for security sector reform.

Directs the Secretary to report to the Committees on the feasibility of creating an indigenous anti-piracy maritime capability off the coast ofthe Horn of Africa.

(Sec. 21007) States that funds under this chapter for assistance to developing countries impacted by the global financial crisis should only be made to countries that: (1) have a 2007 per capita Gross National Income of $3,705 or less; (2) have seen a contraction in predicted growth rates of 2% or more since 2007; and (3) demonstrate consistent improvement on the democracy and governance indicators as measured by the Millennium Challenge Corporation 2009 Country Scorebook. Transfers specified funds for such assistance.

Directs the Secretary to submit a spending plan to the Committees prior to the initial obligation of funds detailing fund use on a country-by-country and project-by-project basis.

(Sec. 21008) Directs the President report to Congress on whether the governments of Afghanistan and Pakistan are demonstrating the necessary commitment, conduct, and unity of purpose to warrant the continuation of the President's policy announced on March 27, 2009.

(Sec. 21009) Prohibits funds under this chapter from being made available to Hamas or or any Hamas-controlled entity.

Authorizes assistance for a power-sharing government if the President certifies that such government, including all of its ministers or other equivalent officials, has publicly acknowledged Israel's right to exist and is adhering to all previous agreements with the U.S. government, the government of Israel, and the international community.

Directs the Secretary, in the event of a presidential certification, to report quarterly to the Committees on such government's compliance with these requirements.

(Sec. 21010) Provides that unless designated otherwise the authorities and conditions contained in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 shall apply to funds appropriated by this chapter, except with respect to funds made available for macroeconomic growth assistance for Zimbabwe and certain assistance for Iraq.

Title III: General Provisions, This Act - (Sec. 30001) Directs the President to submit to Congress a comprehensive plan regarding the proposed disposition of individuals detained at Naval Station, Guantanamo Bay, Cuba, as of April 30, 2009, including: (1) a determination that such disposition does not pose a risk that cannot be mitigated if the individual is prosecuted, transferred, or released; and (2) an analysis of the total estimated costs of closing such detention facility, as well as related costs including detention, prosecution, security, and incarceration.

(Sec. 30003) Designates appropriations in this Act as either for overseas deployments and related activities or for emergency, pursuant to the concurrent budget resolution for FY2010.

(Sec. 30004) Prohibits funds from this or any prior Act from being used to release an individual who is detained, as of April 30, 2009, at Naval Station Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia. Prohibits any such release for the purpose of detaining or prosecuting any such individual until two months after Congress receives from the President a comprehensive plan regarding the proposed disposition. Requires the plan to include: (1) the risk to national security posed by the transfer; (2) costs associated with not transferring an individual; (3) the legal rationale and associated court demands for transfer; (4) a certification by the President that any national security risk associated with a transfer has been mitigated; and (5) a certification by the President that the President has certified to the governor and state legislature of a state to which the President intends to transfer an individual that such individual does not pose a security threat to the United States.

Prohibits any funds from being used to transfer or release such an individual to the country of such individual's nationality or last residence, or to any country other than the United States, unless the President submits to Congress, at least 30 days prior to such release or transfer: (1) the name of the individual and the country involved; (2) an assessment of the risk to U.S. national security posed by the transfer or release; and (3) the terms of any agreement with another country for the acceptance of such individual, including any financial assistance related to the agreement.

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