Supplemental Appropriations Act, 2009


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely:

{{SECTION|SEC. 14101.|SEC. 14101}}. AVAILABILITY OF FUNDS.

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

{{SECTION|SEC. 14102.|SEC. 14102}}.

 * (a) .—
 * Except as provided in subsections (b) and (c), each amount in this Act is designated as being for overseas deployments and other activities pursuant to sections 401(c)(4) and 423(a)(1) of S.Con.Res.13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.


 * (b) .—
 * Each amount in Titles I, II, IV, V, VII, VIII, IX, XII, XIII, XIV, and VI except for amounts under the heading “Coast Guard Operating Expenses” is designated as necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S.Con.Res.13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.


 * (c) Subsection (a) shall not apply to the amounts rescinded in section 309 for “Operation and Maintenance, Marine Corps”, “Operation and Maintenance, Air Force”, and “Operation and Maintenance, Army Reserve”.

{{SECTION|SEC. 14103.|SEC. 14103}}.

 * (a) None of the funds made available in this or any prior Act may be used to release an individual who is detained as of the date of enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, or the District of Columbia.


 * (b) None of the funds made available in this or any prior Act may be used to transfer an individual who is detained as of the date of enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, for the purpose of detention in the continental United States, Alaska, Hawaii, or the District of Columbia, except as provided in subsection (c).


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


 * (d) The President shall submit to the Congress, in classified form, a plan regarding the proposed disposition of any individual covered by subsection (c) who is detained as of the date of enactment of this Act. Such plan shall include, at a minimum, each of the following for each such individual:


 * (1) The findings of an analysis regarding any risk to the national security of the United States that is posed by the transfer of the individual.


 * (2) The costs associated with transferring the individual in question.


 * (3) The legal rationale and associated court demands for transfer.


 * (4) A plan for mitigation of any risk described in paragraph (1).


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


 * (e) None of the funds made available in this or any prior Act may be used to transfer or release an individual detained at Naval Station, Guantanamo Bay, Cuba, as of the date of enactment of this Act, to the country of such individual's nationality or last habitual residence or to any other country other than the United States, unless the President submits to the Congress, in classified form 15 days prior to such transfer, the following information:


 * (1) The name of any individual to be transferred or released and the country to which such individual is to be transferred or released.


 * (2) An assessment of any risk to the national security of the United States or its citizens, including members of the Armed Services of the United States, that is posed by such transfer or release and the actions taken to mitigate such risk.


 * (3) The terms of any agreement with another country for acceptance of such individual, including the amount of any financial assistance related to such agreement.


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


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

Approved June 24, 2009.



Legislative History

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


 * Public Law 111-47. An act making supplemental appropriations for FY 2009 for the Consumer Assistance to Recycle and Save Program.


 * Supplemental Appropriations Act