[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 1473 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1473
Making appropriations for the Department of Defense and the other
departments and agencies of the Government for the fiscal year ending
September 30, 2011, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 11, 2011
Mr. Rogers of Kentucky introduced the following bill; which was
referred to the Committee on Appropriations, and in addition to the
Committees on the Budget and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense and the other
departments and agencies of the Government for the fiscal year ending
September 30, 2011, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense and Full-Year
Continuing Appropriations Act, 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Division A--Department of Defense Appropriations, 2011
Division B--Full-Year Continuing Appropriations, 2011
Division C--Scholarships for Opportunity and Results Act
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2011
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2011, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,403,653,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $25,912,449,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $13,210,161,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $27,105,755,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,333,165,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,940,191,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$612,191,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,650,797,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,511,296,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,060,098,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $33,306,117,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$37,809,239,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,539,740,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $36,062,989,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$30,210,810,000: Provided, That not more than $50,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $31,659,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$8,251,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,840,427,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,344,264,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $275,484,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,291,027,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,454,624,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $5,963,839,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,068,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $464,581,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $304,867,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $502,653,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,744,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $316,546,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $108,032,000, to remain available until
September 30, 2012.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $522,512,000, to remain available until September 30, 2013:
Provided, That of the amounts provided under this heading, not less
than $13,500,000 shall be available only to support the dismantling and
disposal of nuclear submarines, submarine reactor components, and
security enhancements for transport and storage of nuclear warheads in
the Russian Far East and North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $217,561,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,254,791,000, to remain available for obligation until
September 30, 2013.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,570,108,000, to remain available for obligation until
September 30, 2013.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,461,086,000, to remain available for obligation until September 30,
2013.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,847,066,000, to remain available for
obligation until September 30, 2013.
Other Procurement, Army
(including transfer of funds)
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$8,145,665,000, to remain available for obligation until September 30,
2013: Provided, That of the funds made available in this paragraph,
$15,000,000 shall be made available to procure equipment, not otherwise
provided for, and may be transferred to other procurement accounts
available to the Department of the Army, and that funds so transferred
shall be available for the same purposes and the same time period as
the account to which transferred.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $16,170,868,000, to remain available for obligation
until September 30, 2013.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,221,957,000, to remain available
for obligation until September 30, 2013.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $790,527,000, to remain available for
obligation until September 30, 2013.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $1,721,969,000;
Carrier Replacement Program (AP), $908,313,000;
NSSN, $3,430,343,000;
NSSN (AP), $1,691,236,000;
CVN Refueling, $1,248,999,000;
CVN Refuelings (AP), $408,037,000;
DDG-1000 Program, $77,512,000;
DDG-51 Destroyer, $2,868,454,000;
DDG-51 Destroyer (AP), $47,984,000;
Littoral Combat Ship, $1,168,984,000;
Littoral Combat Ship (AP), $190,351,000;
LHA-R, $942,837,000;
Joint High Speed Vessel, $180,703,000;
Oceanographic Ships, $88,561,000;
LCAC Service Life Extension Program, $83,035,000;
Service Craft, $13,770,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $295,570,000.
In all: $15,366,658,000, to remain available for obligation until
September 30, 2015: Provided, That additional obligations may be
incurred after September 30, 2015, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
(including transfer of funds)
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only, and the purchase of seven vehicles required for physical security
of personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $5,804,963,000, to remain available for obligation
until September 30, 2013: Provided, That of the funds made available
in this paragraph, $15,000,000 shall be made available to procure
equipment, not otherwise provided for, and may be transferred to other
procurement accounts available to the Department of the Navy, and that
funds so transferred shall be available for the same purposes and the
same time period as the account to which transferred.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,236,436,000, to remain available for obligation
until September 30, 2013.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $13,483,739,000, to remain available for
obligation until September 30, 2013: Provided, That none of the funds
provided in this Act for modification of C-17 aircraft, Global Hawk
Unmanned Aerial Vehicle and F-22 aircraft may be obligated until all C-
17, Global Hawk and F-22 contracts funded with prior year ``Aircraft
Procurement, Air Force'' appropriated funds are definitized unless the
Secretary of the Air Force certifies in writing to the congressional
defense committees that each such obligation is necessary to meet the
needs of a warfighting requirement or prevents increased costs to the
taxpayer, and provides the reasons for failing to definitize the prior
year contracts along with the prospective contract definitization
schedule: Provided further, That the Secretary of the Air Force shall
expand the current HH-60 Operational Loss Replacement program to meet
the approved HH-60 Recapitalization program requirements.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$5,424,764,000, to remain available for obligation until September 30,
2013.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $731,487,000, to remain available for
obligation until September 30, 2013.
Other Procurement, Air Force
(including transfer of funds)
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of two vehicles
required for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed $250,000
per vehicle; lease of passenger motor vehicles; and expansion of public
and private plants, Government-owned equipment and installation thereof
in such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $17,568,091,000, to remain available for obligation until
September 30, 2013: Provided, That of the funds made available in this
paragraph, $15,000,000 shall be made available to procure equipment,
not otherwise provided for, and may be transferred to other procurement
accounts available to the Department of the Air Force, and that funds
so transferred shall be available for the same purposes and the same
time period as the account to which transferred.
Procurement, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,009,321,000, to remain available for obligation until
September 30, 2013: Provided, That of the funds made available in this
paragraph, $15,000,000 shall be made available to procure equipment,
not otherwise provided for, and may be transferred to other procurement
accounts available to the Department of Defense, and that funds so
transferred shall be available for the same purposes and the same time
period as the account to which transferred.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $34,346,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$9,710,998,000, to remain available for obligation until September 30,
2012.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,736,303,000, to remain available for obligation until September 30,
2012: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,517,405,000, to remain available for obligation until September 30,
2012.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,797,412,000, to remain
available for obligation until September 30, 2012: Provided, That of
the funds made available in this paragraph, $3,200,000 shall only be
available for program management and oversight of innovative research
and development.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $194,910,000, to remain available for obligation
until September 30, 2012.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,434,536,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,474,866,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$31,382,198,000; of which $29,671,764,000 shall be for operation and
maintenance, of which not to exceed 1 percent shall remain available
until September 30, 2012, and of which up to $16,212,121,000 may be
available for contracts entered into under the TRICARE program; of
which $534,921,000, to remain available for obligation until September
30, 2013, shall be for procurement; and of which $1,175,513,000, to
remain available for obligation until September 30, 2012, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $10,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions, to include construction of facilities, in accordance
with the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of
other chemical warfare materials that are not in the chemical weapon
stockpile, $1,467,307,000, of which $1,067,364,000 shall be for
operation and maintenance, of which no less than $111,178,000, shall be
for the Chemical Stockpile Emergency Preparedness Program, consisting
of $35,130,000 for activities on military installations and
$76,048,000, to remain available until September 30, 2012, to assist
State and local governments; $7,132,000 shall be for procurement, to
remain available until September 30, 2013; and $392,811,000, to remain
available until September 30, 2012, shall be for research, development,
test and evaluation, of which $385,868,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,156,957,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $306,794,000, of which $305,794,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2013, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $292,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $649,732,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That, in the case of a host nation that does not provide salary
increases on an annual basis, any increase granted by that nation shall
be annualized for the purpose of applying the preceding proviso:
Provided further, That this section shall not apply to Department of
Defense foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State under
the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2011: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement regarding this Act,
the obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities
for which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2011: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material inventory,
unless the Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
Navy MH-60R/S Helicopter Systems.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2011, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2012 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2012 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2012.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
Sec. 8015. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act: Provided, That subsection (j) of
section 831 of the National Defense Authorization Act for Fiscal Year
1991 is amended by striking ``September 30, 2010'' and inserting
``September 30, 2011'', and by striking ``September 30, 2013'' and
inserting ``September 30, 2014''.
Sec. 8017. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in this
Act, $15,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not less
than $30,374,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,048,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $2,424,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $902,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2011 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2011, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2012 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$125,000,000.
Sec. 8025. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2011. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8031. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2012 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2012 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2012 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8033. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2012: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2012.
Sec. 8034. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8035. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8036. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8037. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8038. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8039. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment of
the Department of Defense, may use funds made available in this Act
under the heading ``Operation and Maintenance, Defense-Wide'' to make
grants and supplement other Federal funds in accordance with the
guidance provided in the explanatory statement regarding this Act.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $86,300,000.
``Other Procurement, Army, 2009/2011'', $147,600,000.
``Aircraft Procurement, Navy, 2009/2011'', $26,100,000.
``Aircraft Procurement, Air Force, 2009/2011'',
$387,700,000.
``Aircraft Procurement, Army, 2010/2012'', $14,000,000.
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $36,000,000.
``Missile Procurement, Army, 2010/2012'', $9,171,000.
``Aircraft Procurement, Navy, 2010/2012'', $464,847,000.
``Procurement of Ammunition, Navy and Marine Corps, 2010/
2012'', $11,576,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2010/2014'': DDG-51 Destroyer, $22,000,000.
``Other Procurement, Navy, 2010/2012'', $9,042,000.
``Aircraft Procurement, Air Force, 2010/2012'',
$340,600,000.
``Other Procurement, Air Force, 2010/2012'', $36,600,000.
``Research, Development, Test and Evaluation, Army, 2010/
2011'', $163,400,000.
``Research, Development, Test and Evaluation, Air Force,
2010/2011'', $198,600,000.
``Other Procurement, Army, 2010/2012'', $50,000,000.
``Research, Development, Test and Evaluation, Defense-Wide,
2010/2011'', $10,000,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8045. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8047. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8048. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how
the President proposes to provide funds for such
replacement.
Sec. 8050. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as
an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8056. None of the funds made available in this Act may be
used to approve or license the sale of the F-22A advanced tactical
fighter to any foreign government: Provided, That the Department of
Defense may conduct or participate in studies, research, design and
other activities to define and develop a future export version of the
F-22A that protects classified and sensitive information, technologies
and U.S. warfighting capabilities.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8058. (a) None of the funds made available by this Act may be
used to support any training program involving a unit of the security
forces or police of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (a) if he determines
that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8059. None of the funds appropriated or made available in
this Act to the Department of the Navy shall be used to develop, lease
or procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 30 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8062. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8063. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8067. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8068. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year, and
hereafter, may be used to fund civil requirements associated with the
satellite and ground control segments of such system's modernization
program.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $147,258,300 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8070. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
113 note) shall continue in effect to apply to disbursements that are
made by the Department of Defense in fiscal year 2011.
Sec. 8071. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $415,115,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$205,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, $84,722,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program, including
cruise missile defense research and development under the SRBMD
program, $58,966,000 shall be available for an upper-tier component to
the Israeli Missile Defense Architecture, and $66,427,000 shall be for
the Arrow System Improvement Program including development of a long
range, ground and airborne, detection suite, of which $12,000,000 shall
be for producing Arrow missile components in the United States and
Arrow missile components in Israel to meet Israel's defense
requirements, consistent with each nation's laws, regulations and
procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
Sec. 8073. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command administrative and operational control of
U.S. Navy forces assigned to the Pacific fleet: Provided, That the
command and control relationships which existed on October 1, 2004,
shall remain in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8074. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations listed
in section 7403(a)(2) of title 38, United States Code, as well as the
following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A) of
title 38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code, shall not apply.
Sec. 8075. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2011 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2011.
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8077. The budget of the President for fiscal year 2012
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further,
That these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8078. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
(including transfer of funds)
Sec. 8079. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $65,200,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, he shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations; $24,000,000
to the Red Cross; $1,200,000 to the Special Olympics; and $20,000,000
to the Youth Mentoring Grants Program: Provided further, That funds
available in this section for the Youth Mentoring Grants Program may be
available for transfer to the Department of Justice Youth Mentoring
Grants Program.
Sec. 8080. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8082. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8083. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8084. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8085. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8086. Notwithstanding any other provision of law or
regulation, during the current fiscal year and hereafter, the Secretary
of Defense may adjust wage rates for civilian employees hired for
certain health care occupations as authorized for the Secretary of
Veterans Affairs by section 7455 of title 38, United States Code.
Sec. 8087. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8088. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2012.
Sec. 8089. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8090. Notwithstanding any other provision of law, not more
than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8091. The Director of National Intelligence shall include the
budget exhibits identified in paragraphs (1) and (2) as described in
the Department of Defense Financial Management Regulation with the
congressional budget justification books:
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
21, Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8092. The Secretary of Defense shall create a major force
program category for space for each future-years defense program of the
Department of Defense submitted to Congress under section 221 of title
10, United States Code, during fiscal year 2011. The Secretary of
Defense shall designate an official in the Office of the Secretary of
Defense to provide overall supervision of the preparation and
justification of program recommendations and budget proposals to be
included in such major force program category.
Sec. 8093. (a) Not later than 60 days after enactment of this Act,
the Office of the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2011: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8094. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8095. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8096. The Department of Defense shall continue to report
incremental contingency operations costs for Operation New Dawn and
Operation Enduring Freedom on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
Sec. 8097. The amounts appropriated in title II of this Act are
hereby reduced by $1,983,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows: (1) From
``Operation and Maintenance, Army'', $700,000,000; and (2) From
``Operation and Maintenance, Defense-Wide'', $1,283,000,000.
(including transfer of funds)
Sec. 8098. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8099. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $24,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8100. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8101. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8102. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000 unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(e) By March 1, 2011, or within 60 days after enactment of this
Act, whichever is later, the Government Accountability Office shall
submit a report to the Congress evaluating the effect that the
requirements of this section have had on national security, including
recommendations, if any, for changes to these requirements.
Sec. 8103. (a) Prohibition on Conversion of Functions Performed by
Federal Employees to Contractor Performance.--None of the funds
appropriated by this Act or otherwise available to the Department of
Defense may be used to begin or announce the competition to award to a
contractor or convert to performance by a contractor any functions
performed by Federal employees pursuant to a study conducted under
Office of Management and Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not apply
to the award of a function to a contractor or the conversion of a
function to performance by a contractor pursuant to a study conducted
under Office of Management and Budget (OMB) Circular A-76 once all
reporting and certifications required by section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) have
been satisfactorily completed.
Sec. 8104. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or mission
essential business management information technology system that is not
registered with the Director of National Intelligence. A system shall
be considered to be registered with that officer upon the furnishing
notice of the system, together with such information concerning the
system as the Director of the Business Transformation Office may
prescribe.
(2) During the current fiscal year no funds may be obligated or
expended for a financial management automated information system, a
mixed information system supporting financial and non-financial
systems, or a business system improvement of more than $3,000,000,
within the Intelligence Community without the approval of the Business
Transformation Office, and the designated Intelligence Community
functional lead element.
(b) The Director of the Business Transformation Office shall
provide the congressional intelligence committees a semi-annual report
of approvals under paragraph (1) no later than March 30 and September
30 of each year. The report shall include the results of the Business
Transformation Investment Review Board's semi-annual activities, and
each report shall certify that the following steps have been taken for
systems approved under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
(including transfer of funds)
Sec. 8105. Of the funds appropriated in this Act for the Office of
the Director of National Intelligence, $50,000,000, may be transferred
to appropriations available to the Central Intelligence Agency, the
National Security Agency, and the National Geospatial Intelligence
Agency, the Defense Intelligence Agency and the National Reconnaissance
Office for the Business Transformation Transfer Funds, to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
(including transfer of funds)
Sec. 8106. In addition to funds made available elsewhere in this
Act, there is hereby appropriated $538,875,000, to remain available
until transferred: Provided, That these funds are appropriated to the
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund''
elsewhere in this section): Provided further, That the Secretary of
the Air Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and
``Research, Development, Test and Evaluation, Air Force'', only for the
purposes of proceeding with a tanker acquisition program: Provided
further, That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the
appropriations or fund to which transferred: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
Secretary of the Air Force shall, not fewer than 15 days prior to
making transfers using funds provided in this section, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary shall submit a report
no later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
(including transfer of funds)
Sec. 8107. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$132,200,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8108. (a) Of the amounts made available in this Act under the
heading ``Operation and Maintenance, Navy'', not less than $2,000,000,
shall be made available for leveraging the Army's Contractor Manpower
Reporting Application, modified as appropriate for Service-specific
requirements, for documenting the number of full-time contractor
employees (or its equivalent) pursuant to United States Code title 10,
section 2330a(c) and meeting the requirements of United States Code
title 10, section 2330a(e) and United States Code title 10, section
235.
(b) Of the amounts made available in this Act under the heading
``Operation and Maintenance, Air Force'', not less than $2,000,000
shall be made available for leveraging the Army's Contractor Manpower
Reporting Application, modified as appropriate for Service-specific
requirements, for documenting the number of full-time contractor
employees (or its equivalent) pursuant to United States Code title 10
section 2330a(c) and meeting the requirements of United States Code
title 10, section 2330a(e) and United States Code title 10, section
235.
(c) The Secretaries of the Army, Navy, Air Force, and the Directors
of the Defense Agencies and Field Activities (in coordination with the
appropriate Principal Staff Assistant), in coordination with the Under
Secretary of Defense for Personnel and Readiness, shall report to the
congressional defense committees within 60 days of enactment of this
Act their plan for documenting the number of full-time contractor
employees (or its equivalent), as required by United States Code title
10, section 2330a.
(including transfer of funds)
Sec. 8109. In addition to amounts provided elsewhere in this Act,
there is appropriated $250,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to be available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic Adjustment
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the
Secretary of Defense.
Sec. 8110. In addition to amounts provided elsewhere in this Act,
there is appropriated $300,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended. Such funds may be available for the Office of Economic
Adjustment, notwithstanding any other provision of law, for
transportation infrastructure improvements associated with medical
facilities related to recommendations of the Defense Base Closure and
Realignment Commission.
Sec. 8111. Section 310(b) of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 124 Stat. 1871) is amended by striking ``1
year'' both places it appears and inserting ``2 years''.
Sec. 8112. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex: Provided, That not later than 90 days after
enactment of this Act, the Director of National Intelligence shall
certify that the Office of the Director of National Intelligence
selects individuals for Senior Executive positions in a manner
consistent with statutes, regulations, and the requirements of other
Federal agencies in making such appointments and will submit its
policies and procedures related to the appointment of personnel to
Senior Executive positions to the congressional intelligence oversight
committees.
Sec. 8113. For all major defense acquisition programs for which
the Department of Defense plans to proceed to source selection during
the current fiscal year, the Secretary of Defense shall perform an
assessment of the winning bidder to determine whether or not the
proposed costs are realistic and reasonable with respect to proposed
development and production costs. The Secretary of Defense shall
provide a report of these assessments, to specifically include whether
any cost assessments determined that such proposed costs were
unreasonable or unrealistic, to the congressional defense committees
not later than 60 days after enactment of this Act and on a quarterly
basis thereafter.
Sec. 8114. (a) The Deputy Under Secretary of Defense for
Installations and Environment, in collaboration with the Secretary of
Energy, shall conduct energy security pilot projects at facilities of
the Department of Defense.
(b) In addition to the amounts provided elsewhere in this Act,
$20,000,000, is appropriated to the Department of Defense for
``Operation and Maintenance, Defense-Wide'' for energy security pilot
projects under subsection (a).
Sec. 8115. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under
part 2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8116. Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, the Chief of the Air Force
Reserve, and the Director of the National Guard Bureau, in
collaboration with the Secretary of Agriculture and the Secretary of
the Interior, shall submit to the Committees on Appropriations of the
House and Senate, the House Committee on Agriculture, the Senate
Committee on Agriculture, Nutrition and Forestry, the House Committee
on Natural Resources, and the Senate Committee on Energy and Natural
Resources a report of firefighting aviation assets. The report required
under this section shall include each of the following:
(1) A description of the programming details necessary to
obtain an appropriate mix of fixed wing and rotor wing
firefighting assets needed to produce an effective aviation
resource base to support the wildland fire management program
into the future. Such programming details shall include the
acquisition and contracting needs of the mix of aviation
resources fleet, including the acquisition of up to 24 C-130Js
equipped with the Mobile Airborne Fire Fighting System II (in
this section referred to as ``MAFFS''), to be acquired over
several fiscal years starting in fiscal year 2012.
(2) The costs associated with acquisition and contracting
of the aviation assets described in paragraph (1).
(3) A description of the costs of the operation,
maintenance, and sustainment of a fixed and rotor wing aviation
fleet, including a C-130J/MAFFS II in an Air National Guard
tactical airlift unit construct of 4, 6, or 8 C-130Js per unit
starting in fiscal year 2012, projected out through fiscal year
2020. Such description shall include the projected costs
associated with each of the following through fiscal year 2020:
(A) Crew ratio based on 4, 6, or 8 C-130J Air
National Guard unit construct and requirement for full-
time equivalent crews.
(B) Associated maintenance and other support
personnel and requirement for full-time equivalent
positions.
(C) Yearly flying hour model and the cost for use
of a fixed and rotor wing aviation fleet, including C-
130J in its MAFFS capacity supporting the United States
Forest Service.
(D) Yearly flying hour model and cost for use of a
C-130J in its capacity supporting Air National Guard
tactical airlift training.
(E) Any other costs required to conduct both the
airlift and firefighting missions, including the Air
National Guard unit construct for C-130Js.
(4) Proposed program management, utilization, and cost
share arrangements for the aircraft described in paragraph (1)
for primary support of the Forest Service and secondary
support, on an as available basis, for the Department of
Defense, together with any proposed statutory language needed
to authorize and effectuate the same.
(5) An integrated plan for the Forest Service and the
Department of the Interior wildland fire management programs to
operate the fire fighting air tanker assets referred to in this
section.
Sec. 8117. Notwithstanding any other provision of this Act, to
reflect savings from revised economic assumptions, the total amount
appropriated in title II of this Act is hereby reduced by $532,000,000,
the total amount appropriated in title III of this Act is hereby
reduced by $564,000,000, and the total amount appropriated in title IV
of this Act is hereby reduced by $381,000,000: Provided, That the
Secretary of Defense shall allocate this reduction proportionally to
each budget activity, activity group, subactivity group, and each
program, project, and activity, within each appropriation account.
Sec. 8118. The total amount available in this Act for pay for
civilian personnel of the Department of Defense for fiscal year 2011
shall be the amount otherwise appropriated or made available by this
Act for such pay reduced by $723,000,000.
Sec. 8119. None of the funds appropriated or otherwise made
available to the Department of Defense may be used for the
disestablishment, closure, or realignment of the Joint Forces Command
unless within 120 days of the enactment of this Act--
(1) the Secretary of Defense notifies the congressional
defense committees of the proposed disestablishment, closure,
or realignment of the Joint Forces Command; and
(2) the Secretary submits to the congressional defense
committees a plan for the disestablishment, closure, or
realignment of the Joint Forces Command, which plan shall
contain at a minimum--
(A) an explanation of the projected savings of the
proposed disestablishment, closure, or realignment;
(B) a cost-benefit analysis of the proposed
disestablishment, closure, or realignment;
(C) the budgetary impact of the proposed
disestablishment, closure, or realignment;
(D) the strategic and operational consequences of
the proposed disestablishment, closure, or realignment;
and
(E) an appropriate local economic assessment of the
proposed disestablishment, closure, or realignment,
which shall include at a minimum--
(i) a list of Federal, State, and local
government departments and agencies that are
required by statute or regulation to provide
assistance and outreach for the community
affected by the proposed disestablishment,
closure, or realignment; and
(ii) a list of the contractors and
businesses affected by the proposed
disestablishment, closure, or realignment.
Sec. 8120. The explanatory statement regarding this Act, printed
in the House of Representatives section of the Congressional Record on
or about April 13, 2011, by the Chairman of the Committee on
Appropriations of the House of Representatives, shall have the same
effect with respect to the allocation of funds and implementation of
this Act as if it were a Report of the Committee on Appropriations.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,107,033,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,308,719,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$732,920,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,843,442,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$268,031,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$48,912,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$45,437,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$27,002,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$853,022,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $16,860,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$59,162,782,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$8,970,724,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $4,008,022,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $12,969,643,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,276,990,000: Provided, That each amount in this section is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010: Provided further, That of the funds
provided under this heading:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation New Dawn
and Operation Enduring Freedom.
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations for
logistical, military, and other support, including access
provided to United States military operations in support of
Operation New Dawn and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That
such reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That the requirement to provide notification
shall not apply with respect to a reimbursement for access
based on an international agreement: Provided further, That
these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan, and 15 days following notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $206,784,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $93,559,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $29,685,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $188,807,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $497,849,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $402,983,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Afghanistan Infrastructure Fund
(including transfer of funds)
There is hereby established in the Treasury of the United States
the ``Afghanistan Infrastructure Fund''. For the ``Afghanistan
Infrastructure Fund'', $400,000,000, to remain available until
September 30, 2012: Provided, That such sums shall be available for
infrastructure projects in Afghanistan, notwithstanding any other
provision of law, which shall be undertaken by the Secretary of State,
unless the Secretary of State and the Secretary of Defense jointly
decide that a specific project will be undertaken by the Department of
Defense: Provided further, That the infrastructure referred to in the
preceding proviso is in support of the counterinsurgency strategy,
requiring funding for facility and infrastructure projects, including,
but not limited to, water, power, and transportation projects and
related maintenance and sustainment costs: Provided further, That the
authority to undertake such infrastructure projects is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That any projects funded by this appropriation shall be
jointly formulated and concurred in by the Secretary of State and
Secretary of Defense: Provided further, That funds may be transferred
to the Department of State for purposes of undertaking projects, which
funds shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act: Provided further,
That the transfer authority in the preceding proviso is in addition to
any other authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred to the
Secretary of State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that the project
cannot be implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan: Provided
further, That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this appropriation
and shall be treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That contributions of funds for
the purposes provided herein to the Secretary of State in accordance
with section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or obligations
from the Fund, notify the appropriate committees of Congress in writing
of the details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on Armed
Services, Foreign Relations and Appropriations of the Senate and the
Committees on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $11,619,283,000, to
remain available until September 30, 2012: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That up to $15,000,000 of these
funds may be available for coalition police trainer life support costs:
Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund and used for such purposes:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt and upon
the obligation of any contribution, delineating the sources and amounts
of the funds received and the specific use of such contributions:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense shall
notify the congressional defense committees of any proposed new
projects or transfer of funds between budget sub-activity groups in
excess of $20,000,000: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Iraq Security Forces Fund
For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
available until September 30, 2012: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, United
States Forces-Iraq, or the Secretary's designee, to provide assistance,
with the concurrence of the Secretary of State, to the security forces
of Iraq, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, and renovation: Provided
further, That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund and used for
such purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the obligation of any contribution, delineating the sources and amounts
of the funds received and the specific use of such contributions:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense shall
notify the congressional defense committees of any proposed new
projects or transfer of funds between budget sub-activity groups in
excess of $20,000,000: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Pakistan Counterinsurgency Fund
(including transfer of funds)
For the ``Pakistan Counterinsurgency Fund'', $800,000,000, to
remain available until September 30, 2012: Provided, That such funds
shall be available to the Secretary of Defense, with the concurrence of
the Secretary of State, notwithstanding any other provision of law, for
the purpose of allowing the Secretary of Defense, or the Secretary's
designee, to provide assistance to Pakistan's security forces;
including program management and the provision of equipment, supplies,
services, training, and funds; and facility and infrastructure repair,
renovation, and construction to build the counterinsurgency capability
of Pakistan's military and Frontier Corps: Provided further, That the
authority to provide assistance under this provision is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for operation and maintenance; procurement;
research, development, test and evaluation; defense working capital
funds; and to the Department of State, Pakistan Counterinsurgency
Capability Fund to accomplish the purpose provided herein: Provided
further, That the transfer authority in the preceding proviso is in
addition to any other authority available to the Department of Defense
to transfer funds: Provided further, That funds so transferred shall be
merged with and be available for the same purposes and for the same
time period as the appropriation or fund to which transferred: Provided
further, That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers from this appropriation account, notify the
Committees on Appropriations in writing of the details of any such
transfer: Provided further, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$2,720,138,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$343,828,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $896,996,000, to remain available until
September 30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$369,885,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,401,832,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$1,169,549,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$90,502,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $558,024,000, to remain available until September 30,
2013: Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$316,835,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,589,119,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$1,991,955,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$56,621,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $292,959,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,868,593,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$1,262,499,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $850,000,000, to remain available for
obligation until September 30, 2013, of which $250,000,000 shall be
available only for the Army National Guard: Provided, That the Chiefs
of National Guard and Reserve components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$3,415,000,000, to remain available until September 30, 2012:
Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, to procure,
sustain, transport, and field Mine Resistant Ambush Protected vehicles:
Provided further, That the Secretary shall transfer such funds only to
appropriations made available in this or any other Act for operation
and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the purpose
provided herein: Provided further, That such transferred funds shall
be merged with and be available for the same purposes and the same time
period as the appropriation to which transferred: Provided further,
That this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the Secretary shall, not fewer than 10 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $143,234,000, to remain available until September
30, 2012: Provided, That each amount in this paragraph is designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $104,781,000, to remain available until September
30, 2012: Provided, That each amount in this paragraph is designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $484,382,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $222,616,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$485,384,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,422,092,000, of which $1,398,092,000 shall be for operation and
maintenance, to remain available until September 30, 2011, and of which
$24,000,000 shall be for research, development, test and evaluation, to
remain available until September 30, 2012: Provided, That each amount
in this paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $440,510,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,793,768,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose of
allowing the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,529,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2011.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,000,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2011.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund'' provided in
this Act and executed in direct support of overseas contingency
operations in Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this section,
supervision and administration costs include all in-house Government
costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in Iraq and Afghanistan: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the purchase
of passenger carrying vehicles.
Sec. 9005. Not to exceed $500,000,000 of the amount appropriated
in this title under the heading ``Operation and Maintenance, Army'' may
be used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program (CERP), for the purpose of
enabling military commanders in Iraq and Afghanistan to respond to
urgent, small scale, humanitarian relief and reconstruction
requirements within their areas of responsibility: Provided, That
projects (including any ancillary or related elements in connection
with such project) executed under this authority shall not exceed
$20,000,000: Provided further, That not later than 45 days after the
end of each fiscal year quarter, the Secretary of Defense shall submit
to the congressional defense committees a report regarding the source
of funds and the allocation and use of funds during that quarter that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
month, the Army shall submit to the congressional defense committees
monthly commitment, obligation, and expenditure data for the
Commander's Emergency Response Program in Iraq and Afghanistan:
Provided further, That not less than 15 days before making funds
available pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein for a
project with a total anticipated cost for completion of $5,000,000 or
more, the Secretary shall submit to the congressional defense
committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in Iraq
and Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9009. (a) The Secretary of Defense shall submit to the
congressional defense committees not later than 45 days after the end
of each fiscal quarter a report on the proposed use of all funds
appropriated by this or any prior Act under each of the headings Iraq
Security Forces Fund, Afghanistan Security Forces Fund, Afghanistan
Infrastructure Fund, and Pakistan Counterinsurgency Fund on a project-
by-project basis, for which the obligation of funds is anticipated
during the 3-month period from such date, including estimates for the
accounts referred to in this section of the costs required to complete
each such project.
(b) The report required by this subsection shall include the
following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates for the accounts referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to in
subsection (a) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts, including
estimates for the accounts referred to in subsection (a) of the
costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
(including transfer of funds)
Sec. 9011. Of the funds appropriated by this Act for the Office of
the Director of National Intelligence, $3,375,000 is available, as
specified in the classified annex, for transfer to other departments
and agencies of the Federal Government.
Sec. 9012. (a) The Task Force for Business and Stability Operations
in Afghanistan may, subject to the direction and control of the
Secretary of Defense and with the concurrence of the Secretary of
State, carry out projects in fiscal year 2011 to assist the commander
of the United States Central Command in developing a link between
United States military operations in Afghanistan under Operation
Enduring Freedom and the economic elements of United States national
power in order to reduce violence, enhance stability, and restore
economic normalcy in Afghanistan through strategic business and
economic opportunities.
(b) The projects carried out under paragraph (a) may include
projects that facilitate private investment, industrial development,
banking and financial system development, agricultural diversification
and revitalization, and energy development in and with respect to
Afghanistan.
(c) The Secretary may use up to $150,000,000 of the funds available
for overseas contingency operations in ``Operation and Maintenance,
Army'' for additional activities to carry out projects under paragraph
(a).
Sec. 9013. (a) Not more than 85 percent of the funds provided in
this title for Operation and Maintenance may be available for
obligation or expenditure until the date on which the Secretary of
Defense submits the report under subsection (b).
(b) Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on contractor employees in the United States
Central Command, including--
(1) the number of employees of a contractor awarded a
contract by the Department of Defense (including subcontractor
employees) who are employed at the time of the report in the
area of operations of the United States Central Command,
including a list of the number of such employees in each of
Iraq, Afghanistan, and all other areas of operations of the
United States Central Command; and
(2) for each fiscal year quarter beginning on the date of
the report and ending on September 30, 2012--
(A) the number of such employees planned by the
Secretary to be employed during each such period in
each of Iraq, Afghanistan, and all other areas of
operations of the United States Central Command; and
(B) an explanation of how the number of such
employees listed under subparagraph (A) relates to the
planned number of military personnel in such locations.
Sec. 9014. From funds made available in this title to the
Department of Defense for operation and maintenance, up to $129,100,000
may be used by the Secretary of Defense, notwithstanding any other
provision of law, to support the United States Government transition
activities in Iraq by undertaking facilities renovation and
construction associated with establishing Office of Security
Cooperation locations, at no more than four sites, in Iraq: Provided,
That not less than 15 days before making funds available pursuant to
the authority provided in this section, the Secretary shall submit to
the congressional defense committees a written notice containing a
detailed justification and timeline for each proposed site and the
source of funds.
Sec. 9015. Any reference to ``this Act'' in this division shall
apply solely to this division.
This division may be cited as the ``Department of Defense
Appropriations Act, 2011''.
DIVISION B--FULL-YEAR CONTINUING APPROPRIATIONS, 2011
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2011, and for other purposes, namely:
TITLE I--GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the level
specified in subsection (c) and under the authority and conditions
provided in applicable appropriations Acts for fiscal year 2010, for
projects or activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80).
(2) The Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85).
(3) The Department of Homeland Security Appropriations Act,
2010 (Public Law 111-83).
(4) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2010 (division A of Public
Law 111-88).
(5) The Legislative Branch Appropriations Act, 2010
(division A of Public Law 111-68).
(6) The Consolidated Appropriations Act, 2010 (Public Law
111-117).
(7) Section 102(c) (except the last proviso relating to
waiver of fees) of chapter 1 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) that addresses
guaranteed loans in the rural housing insurance fund.
(b) For purposes of this division, the term ``level'' means an
amount.
(c) The level referred to in subsection (a) shall be the amounts
appropriated in the appropriations Acts referred to in such subsection,
including transfers and obligation limitations, except that--
(1) such level shall not include any amount previously
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010; and
(2) such level shall be calculated without regard to any
rescission or cancellation of funds or contract authority.
Sec. 1102. Appropriations made by section 1101 shall be available
to the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 1103. Appropriations provided by this division that, in the
applicable appropriations Act for fiscal year 2010, carried a multiple-
year or no-year period of availability shall retain a comparable period
of availability.
Sec. 1104. Except as otherwise expressly provided in this
division, the requirements, authorities, conditions, limitations, and
other provisions of the appropriations Acts referred to in section
1101(a) shall continue in effect through the date specified in section
1106.
Sec. 1105. No appropriation or funds made available or authority
granted pursuant to section 1101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or other
authority were specifically prohibited during fiscal year 2010.
Sec. 1106. Unless otherwise provided for in this division or in
the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this division shall be
available through September 30, 2011.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Act, 2011 (Public Law 111-242), shall be charged to the
applicable appropriation, fund, or authorization provided by this
division.
Sec. 1108. Funds appropriated by this division may be obligated
and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 1109. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2010, and for activities under the Food and Nutrition Act of 2008, the
levels established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the authority and
conditions provided in the applicable appropriations Acts for fiscal
year 2010.
(b) In addition to the amounts otherwise provided by section 1101,
the following amounts shall be available for the following accounts for
advance payments for the first quarter of fiscal year 2012:
(1) ``Department of Labor, Employment Standards
Administration, Special Benefits for Disabled Coal Miners'',
for benefit payments under title IV of the Federal Mine Safety
and Health Act of 1977, $41,000,000, to remain available until
expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for
Medicaid'', for payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act, $86,445,289,000, to remain available until expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Child Support Enforcement and Family Support Programs'',
for payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act
and the Act of July 5, 1960 (24 U.S.C. ch. 9), $1,200,000,000,
to remain available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Foster Care and Permanency'', for payments to States or
other non-Federal entities under title IV-E of the Social
Security Act, $1,850,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $13,400,000,000, to remain available until
expended.
Sec. 1110. Amounts incorporated by reference in this division that
were previously designated as available for overseas deployments and
other activities pursuant to S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010, are
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Sec. 1111. Any language specifying an earmark in an appropriations
Act for fiscal year 2010, or in a committee report or joint explanatory
statement accompanying such an Act, shall have no legal effect with
respect to funds appropriated by this division. For purposes of this
section, the term ``earmark'' means a congressional earmark or
congressionally directed spending item, as defined in clause 9(e) of
rule XXI of the Rules of the House of Representatives and paragraph
5(a) of rule XLIV of the Standing Rules of the Senate.
Sec. 1112. Notwithstanding section 1101, none of the funds
appropriated or otherwise made available in this division or any other
Act (including division A of this Act) may be used to transfer,
release, or assist in the transfer or release to or within the United
States, its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 1113. (a)(1) Notwithstanding section 1101, except as provided
in paragraph (2), none of the funds appropriated or otherwise made
available in this division or any other Act (including division A of
this Act) may be used to transfer any individual detained at Guantanamo
to the custody or effective control of the individual's country of
origin, any other foreign country, or any other foreign entity unless
the Secretary of Defense submits to Congress the certification
described in subsection (b) by not later than 30 days before the
transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary of Defense to transfer any individual detained at Guantanamo
to effectuate an order affecting the disposition of the individual that
is issued by a court or competent tribunal of the United States having
lawful jurisdiction. The Secretary of Defense shall notify Congress
promptly upon issuance of any such order.
(b) The certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence of
the Secretary of State, that the government of the foreign country or
the recognized leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention
facility in which an individual is to be detained if the
individual is to be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States,
its citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates
of the individual; and
(B) could affect the security of the United States,
its citizens, or its allies.
(c)(1) Except as provided in paragraph (3), none of the funds
appropriated or otherwise made available in this division or any other
Act (including division A of this Act) may be used to transfer any
individual detained at Guantanamo to the custody or effective control
of the individual's country of origin, any other foreign country, or
any other foreign entity if there is a confirmed case of any individual
who was detained at United States Naval Station, Guantanamo Bay, Cuba,
at any time after September 11, 2001, who was transferred to the
foreign country or entity and subsequently engaged in any terrorist
activity.
(2) The Secretary of Defense may waive the prohibition in paragraph
(1) if the Secretary determines that such a transfer is in the national
security interests of the United States and includes, as part of the
certification described in subsection (b) relating to such transfer,
the determination of the Secretary under this paragraph.
(3) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate an order affecting the disposition of the individual that is
issued by a court or competent tribunal of the United States having
lawful jurisdiction. The Secretary shall notify Congress promptly upon
issuance of any such order.
(d) For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means
any individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective
control of the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 1114. (a) Notwithstanding section 1101, none of the funds
appropriated or otherwise made available by this division or any other
Act (including division A of this Act) may be used to construct or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1115. Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting the date specified
in section 1106 of this division for ``September 30, 2010''.
Sec. 1116. (a) Section 1115(d) of Public Law 111-32 shall be
applied by substituting the date specified in section 1106 of this
division for ``October 1, 2010''.
(b) Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)) shall be applied by substituting the date specified in section
1106 of this division for ``October 1, 2010'' in paragraph (2).
(c) Section 61(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2733(a)) shall be applied by substituting the date
specified in section 1106 of this division for ``October 1, 2010'' in
paragraph (2).
(d) Section 625(j)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2385(j)(1)) shall be applied by substituting the date specified
in section 1106 of this division for ``October 1, 2010'' in
subparagraph (B).
Sec. 1117. The authority provided by section 1334 of the Foreign
Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) shall
remain in effect through the date specified in section 1106 of this
division.
Sec. 1118. With respect to any discretionary account for which
advance appropriations were provided for fiscal year 2011 or 2012 in an
appropriations Act for fiscal year 2010, in addition to amounts
otherwise made available by this Act, advance appropriations are
provided in the same amount for fiscal year 2012 or 2013, respectively,
with a comparable period of availability.
Sec. 1119. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 0.2 percent of--
(1) the budget authority provided for fiscal year 2011 for
any discretionary account of this division; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2011 for any discretionary
account in any prior fiscal year appropriation Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
referenced in section 1101 covering such account or item).
(c) Exceptions.--This section shall not apply to--
(1) discretionary authority appropriated or otherwise made
available by division A of this Act; or
(2) discretionary authority appropriated or otherwise made
available by division B of this Act and designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(d) OMB Report.--Within 30 days after the date of the enactment of
this section, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.
TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
Sec. 1201. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Secretary'' shall be $5,061,000.
Sec. 1202. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Tribal Relations'' shall be
$499,000.
Sec. 1203. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, Office of Chief
Economist'' shall be $12,032,000.
Sec. 1204. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, National Appeals
Division'' shall be $14,254,000.
Sec. 1205. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, Office of Homeland
Security'' shall be $1,499,000.
Sec. 1206. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Advocacy and Outreach'' shall be
$1,425,000.
Sec. 1207. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Chief Information Officer''
shall be $40,000,000.
Sec. 1208. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Chief Financial Officer'' shall
be $6,260,000.
Sec. 1209. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Civil Rights'' shall be $22,737,000.
Sec. 1210. Notwithstanding section 1101, the level for
``Agricultural Programs, Agriculture Buildings and Facilities and
Rental Payments'' shall be $246,970,000, of which $178,470,000 shall be
available for payments to the General Services Administration for rent;
of which $13,500,000 shall be for payment to the Department of Homeland
Security for building and security activities; and of which $55,000,000
shall be for buildings operations and maintenance expenses.
Sec. 1211. Notwithstanding section 1101, the level for
``Agricultural Programs, Hazardous Materials Management'' shall be
$4,000,000.
Sec. 1212. Notwithstanding section 1101, the level for
``Agricultural Programs, Departmental Administration'' shall be
$29,706,000.
Sec. 1213. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Assistant Secretary for
Congressional Relations'' shall be $3,877,000.
Sec. 1214. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Communications'' shall be
$9,499,000.
Sec. 1215. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the General Counsel'' shall be
$41,499,000.
Sec. 1216. Notwithstanding section 1101, the level for
``Agricultural Programs, Economic Research Service'' shall be
$81,978,000.
Sec. 1217. Notwithstanding section 1101, the level for
``Agricultural Programs, National Agricultural Statistics Service''
shall be $156,761,000: Provided, That the amounts included under such
heading in Public Law 111-80 shall be applied to funds appropriated by
this division by substituting ``$33,139,000'' for ``$37,908,000''.
Sec. 1218. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service, Salaries and
Expenses'' shall be $1,135,501,000.
Sec. 1219. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service, Buildings and
Facilities'' shall be $0.
Sec. 1220. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and Agriculture,
Research and Education Activities'' shall be $700,140,000: Provided,
That the amounts included under such heading in Public Law 111-80 shall
be applied to funds appropriated by this division by substituting
``$236,808,000'' for ``$215,000,000''; by substituting ``$33,000,000''
for ``$29,000,000''; by substituting ``$51,000,000'' for
``$48,500,000''; by substituting ``$265,000,000'' for ``$262,482,000'';
by substituting ``$2,844,000'' for ``$89,029,000''; by substituting
``$19,375,000'' for ``$18,250,000''; and by substituting
``$11,253,000'' for ``$45,122,000''.
Sec. 1221. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and Agriculture,
Extension Activities'' shall be $480,092,000: Provided, That the
amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$294,500,000'' for ``$297,500,000'' and by substituting
``$8,565,000'' for ``$20,396,000''.
Sec. 1222. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and Agriculture,
Integrated Activities'' shall be ``$37,000,000'': Provided, That the
amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$29,000,000'' for ``$45,148,000''; by substituting ``$9,000,000'' for
``$12,649,000''; by substituting ``$11,000,000'' for ``$14,596,000'';
by substituting ``$3,000,000'' for ``$4,096,000''; by substituting
``$0'' for ``$4,388,000''; by substituting ``$0'' for ``$1,365,000'';
by substituting ``$2,000,000'' for ``$3,054,000''; by substituting
``$4,000,000'' for ``$5,000,000''; by substituting ``$1,000,000'' for
``$3,000,000''; by substituting ``$0'' for ``$732,000''; by
substituting ``$1,000,000'' for ``$1,312,000''; and by substituting
``$6,000,000'' for ``$9,830,000''.
Sec. 1223. Notwithstanding section 1101, the level for
``Agricultural Programs, Animal and Plant Health Inspection Service,
Salaries and Expenses'' shall be $865,000,000: Provided, That the
amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$40,000,000'' for ``$60,243,000'' and by substituting ``$21,000,000''
for ``$23,390,000''.
Sec. 1224. Notwithstanding section 1101, the level for
``Agricultural Programs, Animal and Plant Health Inspection Service,
Buildings and Facilities'' shall be $3,536,000.
Sec. 1225. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Marketing Service, Marketing
Services'' shall be $86,711,000.
Sec. 1226. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Marketing Service, Limitation on
Administrative Expenses'' shall be $60,947,000 (from fees collected).
Sec. 1227. The amounts included under the heading ``Agricultural
Programs, Agricultural Marketing Service, Funds for Strengthening
Markets, Income, and Supply (Section 32)'' in Public Law 111-80 shall
be applied to funds appropriated by this division by substituting
``$0'' for ``$10,000,000''.
Sec. 1228. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and Stockyards
Administration, Salaries and Expenses'' shall be $40,342,000.
Sec. 1229. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and Stockyards
Administration, Limitation on Inspection and Weighing Services
Expenses'' shall be $47,500,000 (from fees collected).
Sec. 1230. Notwithstanding section 1101, the level for
``Agricultural Programs, Food Safety and Inspection Service'' shall be
$1,008,520,000: Provided, That the Food Safety and Inspection Service
shall continue implementation of section 11016 of Public Law 110-246.
Sec. 1231. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Salaries and Expenses''
shall be $1,210,711,000.
Sec. 1232. Notwithstanding Section 1101, the level for
``Agricultural Programs, Farm Service Agency, State Mediation Grants''
shall be $4,185,000.
Sec. 1233. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Grassroots Source Water
Protection Program'' shall be $4,250,000.
Sec. 1234. The amounts included under the heading ``Agricultural
Programs, Farm Service Agency, Agricultural Credit Insurance Fund
Program Account'' in Public Law 111-80 shall be applied to funds
appropriated by this division by substituting ``$1,975,000,000'' for
``$2,150,000,000''; by substituting ``$475,000,000'' for
``$650,000,000''; by substituting ``$2,572,343,000'' for
``$2,670,000,000''; by substituting ``$122,343,000'' for
``$170,000,000''; by substituting ``$950,000,000'' for
``$1,000,000,000''; by substituting ``$0'' for ``$150,000,000''; by
substituting ``$0'' for ``$75,000,000'' the first and second place it
appears; by substituting ``$0'' for ``$10,000,000''; by substituting
``$38,570,000'' for ``$32,070,000''; by substituting ``$32,870,000''
for ``$26,520,000''; by substituting ``$5,700,000'' for ``$5,550,000'';
by substituting ``$109,410,000'' for ``$106,402,000''; by substituting
``$57,540,000'' for ``$47,400,000''; by substituting ``$34,950,000''
for ``$35,100,000''; by substituting ``$16,920,000'' for
``$23,902,000''; by substituting ``$0'' for ``$1,065,000''; by
substituting ``$0'' for ``$1,343,000''; by substituting ``$0'' for
``$278,000''; by substituting ``$0'' for ``$793,000''; by substituting
``$313,508,000'' for ``$321,093,000''; and by substituting
``$305,588,000'' for ``$313,173,000''. Funds appropriated by this
division to such heading for farm ownership, operating, direct and
guaranteed loans may be transferred among these programs: Provided,
That the Secretary of Agriculture shall notify the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
Sec. 1235. Notwithstanding section 1101, the level for
``Agricultural Programs, Risk Management Agency'' shall be $79,000,000.
Sec. 1236. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Conservation Operations'' shall be $872,247,000.
Sec. 1237. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Watershed and Flood Prevention Operations'' shall be $0.
Sec. 1238. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Watershed Rehabilitation Program'' shall be $18,000,000.
Sec. 1239. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Resource Conservation and Development'' shall be $0.
Sec. 1240. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Development, Salaries and Expenses'' shall
be $191,987,000.
Sec. 1241. The amounts included under the heading ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' in Public Law 111-80 for gross obligations for
the principal amount of direct and guaranteed loans as authorized by
title V of the Housing Act of 1949 shall be applied to funds
appropriated by this division by substituting ``$25,121,406,000'' for
``$13,121,488,000''; by substituting ``$1,121,406,000'' for
``$1,121,488,000''; by substituting ``$24,000,000,000'' for
``$12,000,000,000''; by substituting ``$23,360,000'' for
``$34,412,000''; by substituting ``$30,960,000'' for ``$129,090,000'';
by substituting ``$5,052,000'' for ``$5,045,000''; and by substituting
``$4,966,000'' for ``$4,970,000''.
Sec. 1242. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' for the cost of direct and guaranteed loans,
including the cost of modifying loans, authorized by section 502 of the
Housing Act of 1949 shall be $70,200,000: Provided, That the amounts
included for such costs under such heading in Public Law 111-80 shall
be applied to funds appropriated by this division by substituting
``$70,200,000'' for ``$40,710,000'' in the case of direct loans and by
substituting ``$0'' for ``$172,800,000'' in the case of unsubsidized
guaranteed loans.
Sec. 1243. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' for the cost of repair, rehabilitation, and new
construction of rental housing authorized by section 515 of the Housing
Act of 1949 shall be $23,446,000.
Sec. 1244. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' for the cost of multi-family housing guaranteed
loans authorized by section 538 of the Housing Act of 1949 shall be
$3,000,000.
Sec. 1245. In addition to amounts otherwise appropriated or made
available by this division, there is appropriated to the Secretary of
Agriculture $288,000 for section 523 self-help housing land development
loans authorized by section 523 of the Housing Act of 1949 and $294,000
for site development loans authorized by section 524 of such Act.
Sec. 1246. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' for administrative expenses necessary to carry
out the direct and guaranteed loan programs shall be $454,383,000.
Sec. 1247. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rental Assistance
Program'' shall be $955,635,000: Provided, That the amounts included
under such heading in Public Law 111-80 shall be applied to funds
appropriated by this division by substituting ``$0'' for
``$5,958,000''; and by substituting ``$3,000,000'' for ``$3,400,000''.
Sec. 1248. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Multi-Family Housing
Revitalization Program Account'' shall be $30,000,000: Provided, That
the amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$14,000,000'' for ``$16,400,000''; by substituting ``$15,000,000''
for ``$25,000,000''; and by substituting ``$1,000,000'' for
``$1,791,000''.
Sec. 1249. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Mutual and Self-Help
Housing Grants'' shall be $37,000,000.
Sec. 1250. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Assistance
Grants'' shall be $40,400,000: Provided, That the amounts included
under such heading in Public Law 111-80 shall be applied to funds
appropriated by substituting ``$0'' for ``$4,000,000''.
Sec. 1251. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Community Facilities
Program Account'' shall be $41,462,000: Provided, That the amounts
included under such heading in Public Law 111-80 shall be applied to
funds appropriated by this division by substituting ``$5,000,000'' for
``$6,256,000''; and by substituting ``$7,000,000'' for ``$13,902,000''.
Sec. 1252. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural
Business Program Account'' shall be $85,451,000.
Sec. 1253. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural
Development Loan Fund Program Account'' for the principal amount of
direct loans as authorized by Rural Development Loan Fund shall be
$19,181,000; and for the cost of direct loans, $7,400,000.
Sec. 1254. Notwithstanding section 1101, in connection with the
``Rural Development Programs, Rural Business-Cooperative Service, Rural
Economic Development Loans Program Account'', of the funds derived from
interest on the cushion of credit payments, as authorized by section
313 of the Rural Electrification Act of 1936, $207,000,000 shall not be
obligated and $207,000,000 is rescinded.
Sec. 1255. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural
Cooperative Development Grants'' shall be $30,254,000: Provided, That
the amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting ``$0''
for ``$300,000''; by substituting ``$0'' for ``$2,800,000''; and by
substituting ``$18,867,000'' for ``$20,367,000''.
Sec. 1256. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural
Microenterprise Investment Program Account'' shall be $0.
Sec. 1257. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural Energy
for America Program'' shall be $5,000,000.
Sec. 1258. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Rural Water and Waste
Disposal Program Account'' shall be $529,002,000: Provided, That the
amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$12,000,000'' for ``$17,500,000''.
Sec. 1259. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Rural Electrification
and Telecommunications Loans Program Account'' for the cost of
guaranteed underwriting loans pursuant to section 313A shall be
$700,000: Provided, That, notwithstanding section 6106(b) of the Food,
Conservation, and Energy Act of 2008, a guaranteed underwriting loan
may not be issued until the Secretary of Agriculture certifies to the
Committees on Appropriations of the House and Senate that the
regulations governing the program fully implement the requirements of
section 6106(a) of the Food, Conservation, and Energy Act of 2008.
Sec. 1260. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Rural Electrification
and Telecommunications Loans Program Account'' for administrative
expenses necessary to carry out the direct and guaranteed loan programs
shall be $38,374,000.
Sec. 1261. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Distance Learning,
Telemedicine, and Broadband Program'' for the cost of grants for
telemedicine and distance learning services in rural areas, as
authorized by 7 U.S.C. 950aaa et seq. shall be $32,500,000.
Sec. 1262. Notwithstanding section 1101, the level for ``Rural
Development, Rural Utilities Service, Distance Learning, Telemedicine,
and Broadband Program'' for the cost of broadband loans, as authorized
by section 601 of the Rural Electrification Act shall be $22,320,000.
In addition, $13,406,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
Sec. 1263. Notwithstanding the section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service, Child Nutrition
Programs'' in Public Law 111-80 shall be applied to funds appropriated
by this division by substituting ``$0'' for ``$1,000,000'' and by
substituting ``$0'' for ``$5,000,000'', and shall be applied to funds
made available under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c) by substituting ``$5,277,574,000'' for ``$6,747,877,000'' and by
substituting ``$0'' for ``$242,022,000''.
Sec. 1264. Notwithstanding section 1101, the level for ``Domestic
Food Programs, Food and Nutrition Service, Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'' shall be
$6,747,522,000: Provided, That the amounts included under such heading
in Public Law 111-80 shall be applied to funds appropriated by this
division by substituting ``$35,000,000'' for ``$60,000,000''.
Sec. 1265. Notwithstanding section 1101, the level for ``Domestic
Food Programs, Food and Nutrition Service, Commodity Assistance
Program'', shall be $246,619,000, of which $176,049,000 shall be for
the Commodity Supplemental Food Program: Provided, That the amounts
included under such heading in Public Law 111-80 shall be applied to
funds appropriated by this division by substituting ``$0'' for
``$6,000,000''.
Sec. 1266. Notwithstanding section 1101, the level for ``Foreign
Assistance and Related Programs, Foreign Agricultural Service, Salaries
and Expenses'' shall be $186,000,000.
Sec. 1267. Notwithstanding section 1101, the level for ``Foreign
Assistance and Related Programs, Foreign Agricultural Service, Food for
Peace Title II Grants'' shall be $1,500,000,000.
Sec. 1268. Notwithstanding section 1101, the level for ``Foreign
Assistance and Related Programs, Foreign Agricultural Service,
McGovern-Dole International Food for Education and Child Nutrition
Program Grants'' shall be $199,500,000.
Sec. 1269. Notwithstanding section 1101, the level for ``Related
Agencies and Food and Drug Administration, Food and Drug
Administration, Salaries and Expenses'' shall be $3,655,687,000:
Provided, That of the amount provided under this heading, $667,057,000
shall be derived from prescription drug user fees authorized by section
736 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h), shall
be credited to this account and remain available until expended, and
shall not include any fees pursuant to paragraphs (2) and (3) of
section 736(a) of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed
for fiscal year 2012 but collected in fiscal year 2011; $61,860,000
shall be derived from medical device user fees authorized by section
738 of such Act (21 U.S.C. 379j), and shall be credited to this account
and remain available until expended; $19,448,000 shall be derived from
animal drug user fees authorized by section 740 of such Act (21 U.S.C.
379j-12), and shall be credited to this account and remain available
until expended; $5,397,000 shall be derived from animal generic drug
user fees authorized by section 741 of such Act (21 U.S.C. 379f), and
shall be credited to this account and shall remain available until
expended; and $450,000,000 shall be derived from tobacco product user
fees authorized by section 919 of such Act (21 U.S.C. 387s) and shall
be credited to this account and remain available until expended:
Provided further, That in addition and notwithstanding any other
provision under this heading, amounts collected for prescription drug
user fees that exceed the fiscal year 2011 limitation are appropriated
and shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription drug,
medical device, animal drug, animal generic drug, and tobacco product
assessments for fiscal year 2011 received during fiscal year 2011,
including any such fees assessed prior to fiscal year 2011 but credited
for fiscal year 2011, shall be subject to the fiscal year 2011
limitations: Provided further, That none of these funds shall be used
to develop, establish, or operate any program of user fees authorized
by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated under this heading: (1) $837,358,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $957,116,000 shall
be for the Center for Drug Evaluation and Research and related field
activities in the Office of Regulatory Affairs; (3) $325,647,000 shall
be for the Center for Biologics Evaluation and Research and for related
field activities in the Office of Regulatory Affairs; (4) $161,730,000
shall be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $359,781,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $60,664,000
shall be for the National Center for Toxicological Research; (7)
$421,463,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8) not
to exceed $136,239,000 shall be for Rent and Related activities, of
which $41,951,000 is for White Oak Consolidation, other than the
amounts paid to the General Services Administration for rent; (9) not
to exceed $183,048,000 shall be for payments to the General Services
Administration for rent; and (10) $212,642,000 shall be for other
activities, including the Office of the Commissioner of Food and Drugs;
the Office of Foods; the Office of the Chief Scientist; the Office of
Policy, Planning and Budget; the Office of International Programs; the
Office of Administration; and central services for these offices:
Provided further, That none of the funds made available under this
heading shall be used to transfer funds under section 770(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided
further, That not to exceed $25,000 of the amount provided under this
heading shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and
priority review user fees authorized by 21 U.S.C. 360n may be credited
to this account, to remain available until expended.
In addition, food and feed recall user fees, food reinspection user
fees, and voluntary qualified importer program user fees authorized by
section 743 of the Federal Food, Drug, and Cosmetic Act, as amended by
Public Law 111-353, may be credited to this account in an amount not to
exceed the amount determined under subsection (b) of such section 743,
to remain available until expended.
Sec. 1270. Notwithstanding section 1101, the level for ``Food and
Drug Administration, Buildings and Facilities'' shall be $10,000,000.
Sec. 1271. Notwithstanding section 1101, the level for ``Related
Agencies and Food and Drug Administration, Independent Agencies, Farm
Credit Administration, Limitation on Administrative Expenses'' shall be
$59,400,000 (from assessments collected from farm credit institutions,
including the Federal Agricultural Mortgage Corporation).
Sec. 1272. Notwithstanding any other provision of this division,
the following set-asides included in Public Law 111-80 for
``Congressionally Designated Projects'' in the following accounts for
the corresponding amounts shall not apply to funds appropriated by this
division:
(1) ``Agricultural Programs, Agricultural Research Service,
Salaries and Expenses'', $44,138,000.
(2) ``Agricultural Programs, National Institute of Food and
Agriculture, Research and Education Activities'', $120,054,000.
(3) ``Agricultural Programs, National Institute of Food and
Agriculture, Extension Activities'', $11,831,000.
(4) ``Agricultural Programs, Animal and Plant Health
Inspection Service, Salaries and Expenses'', $24,410,000.
(5) ``Conservation Programs, Natural Resources Conservation
Service, Conservation Operations'', $37,382,000.
Sec. 1273. Notwithstanding any other provision of this division,
the following provisions included in Public Law 111-80 shall not apply
to funds appropriated by this division:
(1) The first proviso under the heading ``Agricultural
Programs, Agriculture Buildings and Facilities and Rental
Payments''.
(2) The second proviso under the heading ``Departmental
Administration''.
(3) The second proviso under the heading ``Conservation
Programs, Natural Resources Conservation Service, Conservation
Operations''.
(4) The second proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural Water and
Waste Disposal Account''.
(5) The first proviso under the heading ``Domestic Food
Programs, Food and Nutrition Service, Commodity Assistance
Program''.
(6) The first proviso under the heading ``Foreign
Assistance and Related Programs, Foreign Agricultural Service,
McGovern-Dole International Food for Education and Child
Nutrition Program Grants''.
Sec. 1274. Sections 718, 723, 727, 728, and 738 of Public Law 111-
80 shall be applied to funds appropriated by this division by
substituting $0 for the dollar amounts included in those sections.
Sec. 1275. Section 741 of Public Law 111-80 shall be applied to
funds appropriated by this division by substituting ``$2,000,000'' for
``$2,600,000'' and by substituting ``$0'' for ``$3,000,000''.
Sec. 1276. Sections 716, 721(2), 721(3), 724, 725, 726, 729, 735,
743, and 748 of Public Law 111-80 shall not apply for fiscal year 2011.
Sec. 1277. Sections 730, 734, 737, 740, 745, 747, and 749 of
Public Law 111-80 authorized or required certain actions that have been
performed before the date of the enactment of this division and need
not reoccur.
Sec. 1278. Appropriations to the Department of Agriculture made
available in fiscal year 2005 to carry out section 601 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb) for the cost of direct
loans shall remain available until expended to disburse valid
obligations made in fiscal years 2005, 2006, and 2007.
Sec. 1279. In the case of each program established or amended by
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246),
other than by title I or subtitle A of title III of such Act, or
programs for which indefinite amounts were provided in that Act that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation: (1) such funds shall be available for salaries and
related administrative expenses, including technical assistance,
associated with the implementation of the program, without regard to
the limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714i); and (2) the use of such funds for such purpose shall
not be considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 1280. With respect to any loan or loan guarantee program
administered by the Secretary of Agriculture that has a negative credit
subsidy score for fiscal year 2011, the program level for the loan or
loan guarantee program, for the purposes of the Federal Credit Reform
Act of 1990, shall be the program level established pursuant to such
Act for fiscal year 2010.
Sec. 1281. Section 721(1) of Public Law 111-80 (123 Stat. 2122) is
amended by striking ``$1,180,000,000'' and inserting
``$1,238,000,000''.
Sec. 1282. Section 742 of Public Law 111-80 (123 Stat. 2128) is
amended by striking ``$11,000,000'' and inserting ``$15,000,000''.
Sec. 1283. The following provisions of Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``2010'', ``2011'', and ``2012'' for ``2009'', ``2010'', and ``2011'',
respectively, in each instance that such terms appear:
(1) The second paragraph under the heading ``Agricultural
Programs, Animal and Plant Health Inspection Service, Salaries
and Expenses''.
(2) The second proviso under the heading ``Agricultural
Programs, Food Safety and Inspection Service''.
(3) The first proviso in the second paragraph under the
heading ``Rural Development Programs, Rural Housing Service,
Rural Housing Insurance Fund Program Account''.
(4) The fifth proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rental Assistance Program''.
(5) The proviso under the heading ``Rural Development
Programs, Rural Housing Service, Mutual and Self-Help Housing
Grants''.
(6) The first proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rural Housing Assistance
Grants''.
(7) The seventh proviso under the heading ``Rural
Development Programs, Rural Housing Service, Rural Community
Facilities Program Account''.
(8) The third proviso under the heading ``Rural Development
Programs, Rural Business--Cooperative Service, Rural Business
Program Account''.
(9) The four availability of funds clauses under the
heading ``Rural Development Programs, Rural Business--
Cooperative Service, Rural Development Loan Fund Program
Account''.
(10) The fifth proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural Water and
Waste Disposal Program Account''.
(11) Sections 713, 717, and 732.
(12) The paragraph under the heading ``Food and Nutrition
Service, Child Nutrition Programs''.
(13) The third proviso under the heading ``Food and
Nutrition Service, Commodity Assistance Program''.
Sec. 1284. None of the funds appropriated or otherwise made
available by this division or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the Wetlands Reserve
Program authorized by sections 1237-1237F of the Food Security Act of
1985 (16 U.S.C. 3837-3837f) to enroll in excess of 202,218 acres in
fiscal year 2011.
Sec. 1285. None of the funds appropriated or otherwise made
available by this division or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the Conservation
Stewardship Program authorized by sections 1238D-1238G of the Food
Security Act of 1985 (16 U.S.C. 3838d-3838g) in excess of $649,000,000.
Sec. 1286. None of the funds appropriated or otherwise made
available by this division or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the program authorized
by section 14 of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1012).
Sec. 1287. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay the
salaries and expenses of personnel to carry out a program under
subsection (b)(2)(A)(iii) of section 14222 of Public Law 110-246 in
excess of $1,098,000,000: Provided, That none of the funds made
available in this Act or any other Act shall be used for salaries and
expenses to carry out section 19(i)(1)(D) of the Richard B. Russell
National School Lunch Act as amended by section 4304 of Public Law 110-
246 in excess of $33,000,000, including the transfer of funds under
subsection (c) of section 14222 of Public Law 110-246, until October 1,
2011: Provided further, That $117,000,000 made available on October 1,
2011, to carry out section 19(i)(1)(D) of the Richard B. Russell
National School Lunch Act as amended by section 4304 of Public Law 110-
246 shall be excluded from the limitation described in subsection
(b)(2)(A)(iv) of section 14222 of Public Law 110-246.
Sec. 1288. None of the funds appropriated or made available by
this division or any other Act shall be used to pay the salaries and
expenses of personnel to carry out the Biomass Crop Assistance Program
authorized by section 9011 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8111) in excess of $112,000,000.
Sec. 1289. Of the unobligated balances available for
``Agricultural Programs, Agricultural Research Service, Buildings and
Facilities'' $229,582,000 is rescinded.
Sec. 1290. Of the unobligated balances available for the cost of
broadband loans, as authorized by section 601 of the Rural
Electrification Act of 1936, $39,000,000 is rescinded.
Sec. 1291. None of the funds made available by this Act may be
used to pay the salaries and expenses of personnel of the Department of
Agriculture to provide nonrecourse marketing assistance loans for
mohair under section 1201 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8731).
Sec. 1292. The unobligated balances available for the Outreach for
Socially Disadvantaged Farmers account, as identified by Treasury
Appropriation Fund Symbol 12X0601, are rescinded; for the Rural
Community Advancement Program, as identified by Treasury Appropriation
Fund Symbol 12X0400, are rescinded; for the Payments to States program,
as identified by Treasury Appropriation Fund symbol 12X2501, are
rescinded; for the Common Computing Environment account, as identified
by Treasury Appropriation Fund Symbol 12X0113, $3,111,000 are
rescinded; for Agriculture Buildings and Facilities and Rental
Payments, as identified by Treasury Appropriation Fund Symbol 12X0117,
$45,000,000 are rescinded; and for the Animal and Plant Health
Inspection Service--Buildings and Facilities account, as identified by
Treasury Appropriation Fund Symbol 12X1601, $629,000 are rescinded. In
addition, from prior year unobligated balances of Animal and Plant
Health Inspection Service--Salaries and Expenses account $10,887,000
are rescinded as follows: Sudden Oak Death, $295,000; Sirex Woodwasp,
$408,000; Avian Influenza, $8,000,000; Information Technology
Infrastructure, $86,000; Screwworm, $1,000,000; HUB Relocation,
$98,000; and Contingency Funds, $1,000,000.
Sec. 1293. Of the unobligated balances available for Cooperative
State Research, Education, and Extension Service, Buildings and
Facilities, $1,037,000 are rescinded.
Sec. 1294. The unobligated balances available for the wildlife
habitat incentives program under section 1240N of the Food Security Act
of 1985 (16 U.S.C. 3839bb-1), as identified by Treasury Appropriation
Fund Symbol 12X3322, are rescinded; for the program under the Water
Bank Act (16 U.S.C. 1301 et seq.), as identified by Treasury
Appropriation Fund Symbol 12X3320; and for the wetlands reserve program
under section 1237 of the Food Security Act of 1985 (16 U.S.C. 3837),
as identified by Treasury Appropriation Fund Symbol 12X1080, are
rescinded.
Sec. 1295. Of the unobligated balances available for the broadband
grant program for rural areas eligible for Distance Learning and
Telemedicine Program benefits authorized by 7 U.S.C. 950aaa,
$25,000,000 are rescinded.
Sec. 1296. Of the unobligated balances available for the Export
Credit Guarantee Program under section 101 of the Agricultural Trade
Act of 1978 (Public Law 95-501), $331,000,000 are hereby permanently
canceled.
Sec. 1297. None of the funds appropriated by this Act or any other
Act may be used to carry out section 508(d)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508 (d)(3)) to provide a performance-based
premium discount in the crop insurance program.
Sec. 1298. Section 739 of Public Law 111-80 shall be applied to
funds appropriated by this division by substituting ``$640,000'' for
``$800,000''.
TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Sec. 1301. Notwithstanding section 1101, the level for
``Department of Commerce, International Trade Administration,
Operations and Administration'' shall be $450,989,000.
Sec. 1302. Notwithstanding section 1101, the level for
``Department of Commerce, Economic Development Administration, Economic
Development Assistance Programs'' shall be $246,000,000.
Sec. 1303. Notwithstanding section 1101, the level for
``Department of Commerce, Minority Business Development Agency,
Minority Business Development'' shall be $30,400,000.
Sec. 1304. Notwithstanding section 1101, the level for
``Department of Commerce, National Telecommunications and Information
Administration, Salaries and Expenses'' shall be $40,649,000.
Sec. 1305. Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Scientific and Technical Research and Services'' shall be
$508,000,000.
Sec. 1306. Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Industrial Technology Services'' shall be $173,600,000.
Sec. 1307. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, National Drug
Intelligence Center'' shall be $34,023,000.
Sec. 1308. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Justice Information
Sharing Technology'' shall be $60,285,000.
Sec. 1309. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Tactical Law
Enforcement Wireless Communications'' shall be $100,000,000.
Sec. 1310. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Detention Trustee''
shall be $1,518,663,000.
Sec. 1311. Notwithstanding section 1101, the level for
``Department of Justice, Legal Activities, Salaries and Expenses,
General Legal Activities'' shall be $865,097,000.
Sec. 1312. Notwithstanding section 1101, the level for
``Department of Justice, United States Marshals Service, Construction''
shall be $16,625,000.
Sec. 1313. Notwithstanding section 1101, the level for
``Department of Justice, Federal Bureau of Investigation, Salaries and
Expenses'' shall be $7,834,622,000.
Sec. 1314. Notwithstanding section 1101, the level for
``Department of Justice, Federal Bureau of Investigation,
Construction'' shall be $107,310,000.
Sec. 1315. Notwithstanding section 1101, the level for
``Department of Justice, Federal Prison System, Salaries and Expenses''
shall be $6,295,000,000.
Sec. 1316. Notwithstanding section 1101, the level for ``Office of
Science and Technology Policy'' shall be $6,660,000.
Sec. 1317. Notwithstanding section 1101, the level for ``National
Science Foundation, Research and Related Activities'' shall be
$5,575,025,000.
Sec. 1318. Notwithstanding section 1101, the level for ``National
Science Foundation, Education and Human Resources'' shall be
$862,760,000.
Sec. 1319. Notwithstanding section 1101, the level for
``Department of Commerce, Bureau of the Census, Periodic Censuses and
Programs'' shall be $893,000,000.
Sec. 1320. Notwithstanding section 1101, the level for each of the
following accounts shall be $0: ``Department of Commerce, National
Telecommunications and Information Administration, Public
Telecommunications Facilities, Planning and Construction'';
``Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and
Explosives, Construction''; and ``Department of Justice, Office of
Justice Programs, Weed and Seed Program Fund''.
Sec. 1321. Notwithstanding any other provision of this division,
the following set-asides included in division B of Public Law 111-117
for projects specified in the explanatory statement accompanying that
Act in the following accounts for the corresponding amounts shall not
apply to funds appropriated by this division: (1) ``Department of
Commerce, International Trade Administration, Operations and
Administration'', $5,215,000; (2) ``Department of Commerce, Minority
Business Development Agency, Minority Business Development'',
$1,100,000; (3) ``Department of Commerce, National Institute of
Standards and Technology, Scientific and Technical Research and
Services'', $10,500,000; (4) ``Department of Commerce, National
Institute of Standards and Technology, Construction of Research
Facilities'', $47,000,000; (5) ``Department of Commerce, National
Oceanic and Atmospheric Administration, Operations, Research, and
Facilities'', $99,295,000; (6) ``Department of Commerce, National
Oceanic and Atmospheric Administration, Procurement, Acquisition and
Construction'', $18,000,000; (7) ``Department of Justice, Office of
Justice Programs, State and Local Law Enforcement Assistance'',
$185,268,000; (8) ``Department of Justice, Office of Justice Programs,
Juvenile Justice Programs'', $91,095,000; (9) ``Department of Justice,
Community Oriented Policing Services'', $25,385,000; (10) ``Department
of Justice, Community Oriented Policing Services'', $168,723,000; and
(11) ``National Aeronautics and Space Administration, Cross Agency
Support'', $63,000,000.
Sec. 1322. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, and the National Science
Foundation are directed to submit spending plans, signed by the
respective department or agency head, to the House and Senate
Committees on Appropriations within 60 days of enactment of this
division.
Sec. 1323. Notwithstanding any other provision of this division,
the set-aside included in division B of Public Law 111-117 under the
heading ``Department of Commerce, United States Patent and Trademark
Office, Salaries and Expenses'' for policy studies related to
activities of United Nations Specialized Agencies related to
international protection of intellectual property rights shall not
apply to funds appropriated by this division.
Sec. 1324. Of the amount provided by section 1306 for ``National
Institute of Standards and Technology, Industrial Technology
Services'', $44,900,000 shall be for the Technology Innovation Program,
and $128,700,000 shall be for the Manufacturing Extension Partnership
Program.
Sec. 1325. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Construction of Research Facilities'' shall be $70,000,000.
(b) The set-asides included in division B of Public Law 111-117
under the heading ``Department of Commerce, National Institute of
Standards and Technology, Construction of Research Facilities'' for a
competitive construction grant program for research science buildings
and for projects specified in the explanatory statement accompanying
that Act shall not apply to funds appropriated by this division.
Sec. 1326. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'' shall be
$3,185,883,000.
(b) The set-aside included in division B of Public Law 111-117
under the heading ``Department of Commerce, National Oceanic and
Atmospheric Administration, Operations, Research, and Facilities'' for
projects specified in the explanatory statement accompanying that Act
shall not apply to funds appropriated by this division.
Sec. 1327. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction'' shall be
$1,335,353,000.
(b) The set-aside included in division B of Public Law 111-117
under the heading ``Department of Commerce, National Oceanic and
Atmospheric Administration, Procurement, Acquisition and Construction''
for projects specified in the explanatory statement accompanying that
Act shall not apply to funds appropriated by this division.
Sec. 1328. Notwithstanding section 1101, the level for
``Department of Commerce, Departmental Management, Herbert C. Hoover
Building Renovation and Modernization'' shall be $15,000,000.
Sec. 1329. Notwithstanding section 1101, the level for
``Department of Commerce, United States Patent and Trademark Office,
Salaries and Expenses'' shall be $2,090,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections assessed and
collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are
received during fiscal year 2011, so as to result in a fiscal year 2011
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2011, should the total amount of offsetting fee
collections be less than $2,090,000,000, this amount shall be reduced
accordingly.
Sec. 1330. Notwithstanding section 1101, the level for
``Department of Justice, State and Local Law Enforcement Activities,
Salaries and Expenses'' shall be $187,000,000.
Sec. 1331. (a) Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, State and Local
Law Enforcement Assistance'' shall be $1,120,085,000.
(b) Notwithstanding section 1101, the level for ``Department of
Justice, Office of Justice Programs, Juvenile Justice Programs'' shall
be $275,975,000.
(c)(1) Notwithstanding section 1101, the level for ``Department of
Justice, Community Oriented Policing Services'' shall be $495,925,000.
(2) Amounts included under the heading ``Department of
Justice, Community Oriented Policing Services'' in division B
of Public Law 111-117 shall be applied to funds appropriated by
this division by substituting ``$15,000,000'' for
``$40,385,000'' and ``$1,500,000'' for ``$170,223,000''.
(d) Except as otherwise provided in section 1321, each set-aside
included in an account, the level of which is established by subsection
(a), (b), or (c) of this section, shall be reduced proportionately to
reflect the level provided in the respective subsection for each
account.
Sec. 1332. Notwithstanding any other provision of law, section
20109(a), in subtitle A of title II of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not apply to
amounts made available by this division.
Sec. 1333. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Exploration'' shall be
$3,808,300,000.
(b) Notwithstanding sections 1104 and 1105, the provisos under the
heading ``National Aeronautics and Space Administration, Exploration''
in division B of Public Law 111-117, as amended, shall not apply to
funds appropriated by this division.
(c) Of the amounts appropriated by this division for ``National
Aeronautics and Space Administration, Exploration'', not less than
$1,200,000,000 shall be for the multipurpose crew vehicle to continue
existing vehicle development activities to meet the requirements
described in paragraph (a)(1) of section 303 of Public Law 111-267, and
not less than $1,800,000,000 shall be for the heavy lift launch vehicle
system which shall have a lift capability not less than 130 tons and
which shall have an upper stage and other core elements developed
simultaneously.
Sec. 1334. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Space Operations''
shall be $5,508,500,000.
(b) The proviso specifying amounts under the heading ``National
Aeronautics and Space Administration, Space Operations'' in division B
of Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1335. Notwithstanding section 1101, the level for ``National
Aeronautics and Space Administration, Science'' shall be
$4,945,300,000.
Sec. 1336. Notwithstanding section 1101, the level for ``National
Aeronautics and Space Administration, Aeronautics'' shall be
$535,000,000.
Sec. 1337. Notwithstanding section 1101, the level for ``National
Aeronautics and Space Administration, Education'' shall be
$145,800,000.
Sec. 1338. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Cross Agency Support''
shall be $3,111,400,000.
(b) The provisos specifying amounts under the heading ``National
Aeronautics and Space Administration, Cross Agency Support'' in
division B of Public Law 111-117 shall not apply to funds appropriated
by this division.
Sec. 1339. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Construction and
Environmental Compliance and Remediation'' shall be $394,300,000.
(b) This level shall not include amounts made available by section
1101 from lease proceeds under such account.
(c) The first proviso under the heading ``National Aeronautics and
Space Administration, Construction and Environmental Compliance and
Remediation'' in division B of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1340. (a) None of the funds made available by this division
may be used for the National Aeronautics and Space Administration or
the Office of Science and Technology Policy to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program, order,
or contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after the
date of enactment of this division.
(b) The limitation in subsection (a) shall also apply to any funds
used to effectuate the hosting of official Chinese visitors at
facilities belonging to or utilized by the National Aeronautics and
Space Administration.
Sec. 1341. Notwithstanding section 1101, amounts are provided for
``Legal Services Corporation, Payment to the Legal Services
Corporation'' in division B of Public Law 111-117 in the manner
authorized in Public Law 111-117 for fiscal year 2010, except that for
fiscal year 2011 the amounts specified in division B of Public Law 111-
117 shall be modified by substituting--
(1) ``$405,000,000'' for ``$420,000,000''; and
(2) ``$379,400,000'' for ``$394,400,000''.
Sec. 1342. Section 505(a)(1) of division B of Public Law 111-117
is amended by inserting ``, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such reprogramming of
funds'' before the semicolon.
Sec. 1343. Of the unobligated balances available to the Department
of Justice from prior appropriations, the following funds are
rescinded, not later than September 30, 2011, from the following
accounts in the specified amounts: (1) ``Office of Justice Programs'',
$42,000,000; (2) ``Community Oriented Policing Services'', $10,200,000;
and (3) ``Legal Activities, Assets Forfeiture Fund'', $495,000,000.
Sec. 1344. Of the unobligated balances available to the Department
of Justice for the ``Working Capital Fund'', $26,000,000 is hereby
permanently rescinded.
Sec. 1345. Of the unobligated balances available to the Bureau of
the Census for the Census Working Capital Fund, $50,000,000 is hereby
permanently rescinded.
Sec. 1346. Of the unobligated balances available to the National
Telecommunications and Information Administration for reimbursable
spectrum management activities, $4,800,000 is hereby rescinded.
Sec. 1347. Notwithstanding any other provision of law, in fiscal
year 2012 and thereafter payments for costs described in subsection (a)
of section 404 of Public Law 107-42, as amended, shall be considered to
be, and included in, payments for compensation for the purposes of
sections 406(b) and (d)(1) of such Act.
Sec. 1348. None of the funds made available by this division may
be used to implement, establish, or create a NOAA Climate Service as
described in the ``Draft NOAA Climate Service Strategic Vision and
Framework'' published at 75 Federal Register 57739 (September 22, 2010)
and updated on December 20, 2010: Provided, That this limitation shall
expire on September 30, 2011.
Sec. 1349. None of the funds made available by this division may
be used to approve a new limited access privilege program (as that term
is used in section 303A of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1853a)) for any fishery under the
jurisdiction of the South Atlantic, Mid-Atlantic, New England, or Gulf
of Mexico Fishery Management Councils in fiscal year 2011: Provided,
That nothing in this section shall prevent development activities
related to limited access privilege programs.
TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
Sec. 1401. All of the provisos under the heading ``Corps of
Engineers--Civil, Department of the Army, Construction'' in the Energy
and Water Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1402. The proviso under the heading ``Corps of Engineers--
Civil, Department of the Army, Mississippi River and Tributaries'' in
the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (Public Law 111-85) shall not apply to funds appropriated by
this division.
Sec. 1403. The fifth proviso (regarding the San Gabriel Basin
Restoration Fund), seventh proviso (regarding the Milk River Project)
and eighth proviso (regarding the Departmental Irrigation Drainage
program) under the heading ``Department of the Interior, Bureau of
Reclamation, Water and Related Resources'' in the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this division.
Sec. 1404. All of the provisos under the heading ``Department of
Energy, Energy Programs, Energy Efficiency and Renewable Energy'' in
title III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1405. All of the provisos under the heading ``Department of
Energy, Energy Programs, Electricity Delivery and Energy Reliability''
in title III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1406. The proviso under the heading ``Department of Energy,
Energy Programs, Nuclear Energy'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this division.
Sec. 1407. All of the provisos under the heading ``Department of
Energy, Energy Programs, Fossil Energy Research and Development'' in
title III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1408. All of the provisos under the heading ``Department of
Energy, Energy Programs, Science'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this division.
Sec. 1409. The thirteenth proviso (regarding Commission funding)
under the heading ``Department of Energy, Energy Programs, Nuclear
Waste Disposal'' in title III of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (Public Law 111-85) shall not
apply to funds appropriated by this division.
Sec. 1410. All of the provisos under the heading ``Department of
Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Weapons Activities'' in title III of the Energy and
Water Development and Related Agencies Appropriations Act, 2010 (Public
Law 111-85) shall not apply to funds appropriated by this division.
Sec. 1411. The proviso under the heading ``Department of Energy,
Atomic Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' in title III of the
Energy and Water Development and Related Agencies Appropriations Act,
2010 (Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1412. All of the provisos under the heading ``Department of
Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Office of the Administrator'' in title III of the
Energy and Water Development and Related Agencies Appropriations Act,
2010 (Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1413. The proviso under the heading ``Department of Energy,
Atomic Energy Defense Activities, Environmental and Other Defense
Activities, Defense Environmental Cleanup'' in title III of the Energy
and Water Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1414. The proviso under the heading ``Department of Energy,
Atomic Energy Defense Activities, Environmental and Other Defense
Activities, Other Defense Activities'' in title III of the Energy and
Water Development and Related Agencies Appropriations Act, 2010 (Public
Law 111-85) shall not apply to funds appropriated by this division.
Sec. 1415. The fifth proviso under the heading ``Department of
Energy, Power Marketing Administrations, Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'' in title
III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1416. Sections 105, 106, 107, 110 through 125, 205 through
211, 502, and 506 of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85), to the extent
the sections direct funds, shall not apply to funds appropriated by
this division.
Sec. 1417. In addition to amounts otherwise made available by this
division, $180,000,000 is appropriated for ``Department of Energy,
Energy Programs, Advanced Research Projects Agency--Energy''.
Sec. 1418. No appropriation, funds, or authority made available
pursuant to section 1101 for the Department of Energy or Corps of
Engineers, Civil shall be used to initiate or resume any program,
project or activity or to initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a program,
project or activity if the program, project or activity has not been
funded by Congress, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 1419. Notwithstanding section 1101, the level for
``Independent Agencies, Appalachian Regional Commission'' shall be
$68,400,000.
Sec. 1420. Notwithstanding section 1101, the level for
``Independent Agencies, Delta Regional Authority'' shall be
$11,700,000.
Sec. 1421. Notwithstanding section 1101, the level for
``Independent Agencies, Denali Commission'' shall be $10,700,000.
Sec. 1422. Notwithstanding section 1101, the level for ``Defense
Nuclear Facilities Safety Board'' shall be $23,250,000.
Sec. 1423. Notwithstanding section 1101, for the ``Nuclear
Regulatory Commission, Salaries and Expenses'', for necessary expenses
in carrying out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amended, including
official representation expenses (not to exceed $25,000),
$1,043,483,000, to remain available until expended: Provided, That of
the amount appropriated herein, $10,000,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from licensing
fees, inspection services, and other services and collections estimated
at $906,220,000 in fiscal year 2011 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2011 so as to result in
a final fiscal year 2011 appropriation estimated at not more than
$137,263,000: Provided further, That the last proviso under such
heading in title IV of Public Law 111-85 shall not apply to funds
appropriated by this division.
Sec. 1424. Section 15751(b) of title 40, United States Code, shall
not apply to funds appropriated by this division.
Sec. 1425. Notwithstanding section 1101, and subject to section
502 of the Congressional Budget Act of 1974, commitments to guarantee
loans for renewable energy or efficient end-use energy technologies
under title XVII of the Energy Policy Act of 2005 shall not exceed a
total principal amount of $1,183,000,000, to remain available until
committed: Provided, That, in addition to the amounts above, for the
cost of loan guarantees for renewable energy or efficient end-use
energy technologies under section 1703 of the Energy Policy Act of
2005, $170,000,000 is appropriated, to remain available until expended:
Provided further, That the amounts provided in this section are in
addition to those provided in any other Act: Provided further, That,
notwithstanding section 1703(a)(2) of the Energy Policy Act of 2005,
funds appropriated for the cost of loan guarantees and loan guarantee
authority provided by this section are also available for projects for
which an application has been submitted to the Department of Energy
prior to February 24, 2011, in whole or in part, for a loan guarantee
under section 1705 of the Energy Policy Act of 2005: Provided further,
That of the authority provided for commitments to guarantee loans for
renewable and/or energy efficient systems and manufacturing, and
distributed energy generation, transmission and distribution projects
under the heading ``Department of Energy, Title 17 Innovative
Technology Loan Guarantee Authority Loan Program'', in title III of
division C of Public Law 111-8, $18,183,000,000 is rescinded: Provided
further, That for amounts collected pursuant to section 1702(b)(2) of
the Energy Policy Act of 2005, the source of such payment received from
borrowers may not be a loan or other debt obligation that is guaranteed
by the Federal Government: Provided further, That none of such loan
guarantee authority made available by this division shall be available
for commitments to guarantee loans for any projects where funds,
personnel, or property (tangible or intangible) of any Federal agency,
instrumentality, personnel, or affiliated entity are expected be used
(directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases, procurements,
sales, other transaction authority, or other arrangements, to support
the project or to obtain goods or services from the project: Provided
further, That the previous proviso shall not be interpreted as
precluding the use of the loan guarantee authority by this division for
commitments to guarantee loans for (1) projects as a result of such
projects benefitting from otherwise allowable Federal income tax
benefits; (2) projects as a result of such projects benefitting from
being located on Federal land pursuant to a lease or right-of-way
agreement for which all consideration for all uses is (A) paid
exclusively in cash, (B) deposited in the Treasury as offsetting
receipts, and (C) equal to the fair market value as determined by the
head of the relevant Federal agency; (3) projects as a result of such
projects benefitting from Federal insurance programs, including under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly
known as the ``Price-Anderson Act''); or (4) electric generation
projects using transmission facilities owned or operated by a Federal
Power Marketing Administration or the Tennessee Valley Authority that
have been authorized, approved, and financed independent of the project
receiving the guarantee: Provided further, That none of the loan
guarantee authority made available by this division shall be available
for any project unless the Director of the Office of Management and
Budget has certified in advance in writing that the loan guarantee and
the project comply with the provisions under this section: Provided
further, That an additional amount for necessary administrative
expenses to carry out this Loan Guarantee program, $58,000,000 is
appropriated, to remain available until expended: Provided further,
That $58,000,000 of the fees collected pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting
collections to this account to cover administrative expenses and shall
remain available until expended, so as to result in a final fiscal year
2011 appropriation from the general fund estimated at not more than $0.
Sec. 1426. Of the unobligated balances available for ``Corps of
Engineers--Civil, Department of the Army, Mississippi River and
Tributaries'', $22,000,000 is rescinded, to be derived by cancelling
unobligated balances for the Yazoo Basin, Backwater Pump, Mississippi
project.
Sec. 1427. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Investigations'' shall be
$127,000,000.
Sec. 1428. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Construction'' shall be
$1,793,409,000.
Sec. 1429. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Mississippi River and
Tributaries'' shall be $264,435,000.
Sec. 1430. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Operation and Maintenance''
shall be $2,370,500,000.
Sec. 1431. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Formerly Utilized Sites
Remedial Action Program'' shall be $130,000,000.
Sec. 1432. Notwithstanding section 1101, the level for
``Department of the Interior, Central Utah Project, Central Utah
Project Completion Account'' shall be $32,004,000.
Sec. 1433. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Reclamation, Water and Related
Resources'' shall be $913,500,000.
Sec. 1434. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Reclamation, Central Valley
Project Restoration Fund'' shall be $49,915,000.
Sec. 1435. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Energy Efficiency and
Renewable Energy'' shall be $1,835,000,000.
Sec. 1436. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Electricity Delivery and
Energy Reliability'' shall be $145,000,000.
Sec. 1437. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Nuclear Energy'' shall be
$737,092,000.
Sec. 1438. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Fossil Energy Research and
Development'' shall be $586,000,000.
Sec. 1439. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Naval Petroleum and Oil Shale
Reserves'' shall be $23,000,000.
Sec. 1440. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Strategic Petroleum Reserve''
shall be $209,861,000: Provided, That of the funds appropriated in
Public Law 110-161 under this heading for new site land acquisition
activities, $14,493,000 is rescinded: Provided further, That of the
funds appropriated in Public Law 110-329 under this heading for new
site expansion activities, beyond land acquisition, $31,507,000 is
rescinded: Provided further, That of the funds appropriated in Public
Law 111-85 under this heading, $25,000,000 is rescinded.
Sec. 1441. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Northeast Home Heating Oil
Reserve'' shall be $11,000,000.
Sec. 1442. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Energy Information
Administration'' shall be $95,600,000.
Sec. 1443. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Non-Defense Environmental
Cleanup'' shall be $225,200,000.
Sec. 1444. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Uranium Enrichment
Decontamination and Decommissioning Fund'' shall be $509,000,000.
Sec. 1445. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Science'' shall be
$4,884,000,000.
Sec. 1446. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Nuclear Waste Disposal'' shall
be $0.
Sec. 1447. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Departmental Administration''
shall be $268,640,000: Provided, That miscellaneous revenues under this
appropriation may be $119,740,000 so as to result in a final fiscal
year 2011 appropriation from the general fund estimated at no more than
$148,900,000.
Sec. 1448. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Advanced Technology Vehicles
Manufacturing Loan Program'' shall be $9,998,000.
Sec. 1449. Notwithstanding section 1101, the level for
``Department of Energy, Energy Programs, Office of the Inspector
General'' shall be $42,850,000.
Sec. 1450. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities, National
Nuclear Security Administration, Weapons Activities'' shall be
$6,993,419,000.
Sec. 1451. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities, National
Nuclear Security Administration, Defense Nuclear Nonproliferation''
shall be $2,326,000,000.
Sec. 1452. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities, National
Nuclear Security Administration, Naval Reactors'' shall be
$967,000,000.
Sec. 1453. Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities, National
Nuclear Security Administration, Office of the Administrator'' shall be
$399,793,000.
Sec. 1454. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense Activities,
Defense Environmental Cleanup'' shall be $5,016,041,000, of which
$33,700,000 shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Sec. 1455. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense Activities,
Other Defense Activities'' shall be $790,000,000.
Sec. 1456. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense Activities,
Defense Nuclear Waste Disposal'' shall be $0.
Sec. 1457. Of the unobligated balances from prior year
appropriations available for ``Corps of Engineers--Civil, Department of
the Army, Construction'', $100,000,000 is rescinded, to be derived from
the Continuing Authorities Program: Provided, That of the unobligated
balances made available for accounts under the heading ``Corps of
Engineers--Civil, Department of the Army'' in Public Law 110-161 or any
appropriation Act prior to such Act, $76,000,000 is rescinded (in
addition to funds rescinded in the previous proviso).
Sec. 1458. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Energy Efficiency and Renewable Energy'', $30,000,000 is rescinded.
Sec. 1459. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Electricity Delivery and Energy Reliability'', $3,700,000 is rescinded.
Sec. 1460. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Nuclear Energy'', $6,300,000 is rescinded.
Sec. 1461. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Fossil Energy Research and Development'', $140,000,000 is rescinded.
Sec. 1462. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Naval Petroleum and Oil Shale Reserves'', $2,100,000 is rescinded.
Sec. 1463. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Clean Coal Technology'', $16,500,000 is rescinded.
Sec. 1464. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Strategic Petroleum Reserve'', $15,300,000 is rescinded in addition to
funds rescinded elsewhere in this division.
Sec. 1465. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Energy Information Administration'', $400,000 is rescinded.
Sec. 1466. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Non-Defense Environmental Cleanup'', $900,000 is rescinded.
Sec. 1467. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Uranium Enrichment Decontamination and Decommissioning Fund'',
$9,900,000 is rescinded.
Sec. 1468. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Science'', $15,000,000 is rescinded.
Sec. 1469. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Nuclear Waste Disposal'', $2,800,000 is rescinded.
Sec. 1470. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Energy Programs,
Departmental Administration'', $81,900,000 is rescinded.
Sec. 1471. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic Energy
Defense Activities, National Nuclear Security Administration, Weapons
Activities'', $50,000,000 is rescinded.
Sec. 1472. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic Energy
Defense Activities, National Nuclear Security Administration, Defense
Nuclear Nonproliferation'', $45,000,000 is rescinded.
Sec. 1473. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic Energy
Defense Activities, National Nuclear Security Administration, Naval
Reactors'', $1,000,000 is rescinded.
Sec. 1474. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Atomic Energy
Defense Activities, National Nuclear Security Administration, Office of
the Administrator'', $5,700,000 is rescinded.
Sec. 1475. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Environmental and
Other Defense Activities, Defense Environmental Cleanup'', $11,900,000
is rescinded.
Sec. 1476. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Environmental and
Other Defense Activities, Other Defense Activities'', $3,400,000 is
rescinded.
Sec. 1477. Of the unobligated balances from prior year
appropriations available for ``Independent Agencies, Denali
Commission'', $15,000,000 is rescinded.
Sec. 1478. Within 30 days of enactment of this division, the
Department of Energy; Corps of Engineers, Civil; Nuclear Regulatory
Commission; and Bureau of Reclamation shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
spending, expenditure, or operating plan for fiscal year 2011 at a
level of detail below the account level.
Sec. 1479. No rescission made in this title shall apply to any
amount previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 1480. None of the funds made available by this division or
prior appropriation Acts (other than Public Law 111-5) for Energy and
Water Development may be used to pay the costs of employment (such as
pay and benefits), or termination (such as severance pay), of any
employee or contractor of the Department of Energy who is appointed,
employed, or retained under the authority of, or using funds provided
by, Public Law 111-5, or whose functions or operations (including
programmatic responsibilities) are substantially or entirely funded
under Public Law 111-5: Provided, That this section shall not apply to
any employee or contractor of the Department of Energy whose functions
or operations are primarily or wholly to provide oversight for funds
provided by Public Law 111-5.
Sec. 1481. None of the funds made available by this division may
be used for the study of the Missouri River Projects authorized in
section 108 of the Energy and Water Development and Related Agencies
Appropriations Act, 2009 (division C of Public Law 111-8).
Sec. 1482. Notwithstanding section 1101, the levels made available
by this division for the following accounts of the Department of Energy
are reduced by the following amounts, to reflect savings resulting from
the contractor pay freeze instituted by the Department: ``Energy
Programs, Energy Efficiency and Renewable Energy'', $5,700,000;
``Energy Programs, Nuclear Energy'', $3,500,000; ``Energy Programs,
Fossil Energy Research and Development'', $300,000; ``Energy Programs,
Non-Defense Environmental Cleanup'', $400,000; ``Energy Programs,
Uranium Enrichment Decontamination and Decommissioning Fund'',
$1,000,000; ``Energy Programs, Science'', $16,600,000; ``Energy
Programs, Departmental Administration'', $18,000,000; ``Environmental
and Other Defense Activities, Defense Environmental Cleanup'',
$14,400,000; ``Atomic Energy Defense Activities, National Nuclear
Security Administration, Weapons Activities'', $33,100,000; ``Atomic
Energy Defense Activities, National Nuclear Security Administration,
Defense Nuclear Nonproliferation'', $2,700,000; and ``Atomic Energy
Defense Activities, National Nuclear Security Administration, Naval
Reactors'', $4,900,000.
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 1501. Notwithstanding section 1101, the level for
``Department of the Treasury, Departmental Offices, Salaries and
Expenses'' shall be $307,002,000, of which $100,000,000 shall be for
terrorism and financial intelligence activities; and the requirement
under this heading to transfer funds to the National Academy of
Sciences for a carbon audit of the tax code and the funding
designations related to executive direction program activities,
economic policies and program activities, financial policies and
program activities, Treasury-wide management policies and program
activities, and administration program activities shall not apply to
funds appropriated by this division; and funding under this heading is
available for international representation commitments of the
Secretary, and for contribution to the Global Forum on Transparency and
Exchange of Information for Tax Purposes.
Sec. 1502. Notwithstanding section 1101, the level for
``Department of the Treasury, Departmental Offices, Department-wide
Systems and Capital Investments Programs'' shall be $4,000,000, and the
first proviso under such heading shall not apply to funds appropriated
by this division.
Sec. 1503. Notwithstanding section 1101, the level for
``Department of the Treasury, Departmental Offices, Special Inspector
General for the Troubled Asset Relief Program, Salaries and Expenses''
shall be $36,300,000.
Sec. 1504. Of the unobligated balances available for ``Department
of the Treasury, Treasury Forfeiture Fund'', $400,000,000 are
rescinded.
Sec. 1505. Notwithstanding section 1101, the level for
``Department of the Treasury, Financial Management Service, Salaries
and Expenses'' shall be $233,253,000.
Sec. 1506. Notwithstanding section 1101, the level for
``Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau,
Salaries and Expenses'' shall be $101,000,000, and the first proviso
under such heading shall not apply to funds appropriated by this
division.
Sec. 1507. Notwithstanding section 1101, the level for
``Department of the Treasury, Bureau of the Public Debt, Administering
the Public Debt'' shall be $184,985,000.
Sec. 1508. Notwithstanding section 1101, the level for
``Department of the Treasury, Community Development Financial
Institutions Fund Program Account'' shall be $227,000,000 for financial
assistance, technical assistance, training outreach programs, and
administrative expenses, of which $22,000,000 shall be for the Bank
Enterprise Award program; and under such heading the requirement to
transfer funds to the Capital Magnet Fund and the funding designations
for pilot project grants and administration shall not apply to funds
appropriated by this division.
Sec. 1509. Notwithstanding section 1101, the funding designations
for tax enforcement under the heading ``Department of the Treasury,
Internal Revenue Service, Operations Support'' shall not apply to funds
appropriated by this division.
Sec. 1510. Notwithstanding section 1101, section 105 of division C
of Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1511. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, The
White House, Salaries and Expenses'' shall be $58,552,000.
Sec. 1512. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
Executive Residence at the White House, Operating Expenses'' shall be
$13,700,000.
Sec. 1513. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, White
House Repair and Restoration'' shall be $2,005,000.
Sec. 1514. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
National Security Council, Salaries and Expenses'' shall be
$13,074,000.
Sec. 1515. The amounts included under the heading ``Executive
Office of the President and Funds Appropriated to the President, Office
of Administration, Salaries and Expenses'' in division C of Public Law
111-117 shall be applied to funds appropriated by this division by
substituting ``$12,777,000'' for ``$16,768,000''.
Sec. 1516. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Office
of Management and Budget, Salaries and Expenses'' shall be $91,934,000.
Sec. 1517. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Office
of National Drug Control Policy, Salaries and Expenses'' shall be
$27,138,000.
Sec. 1518. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Office
of National Drug Control Policy, Counterdrug Technology Assessment
Center'' shall be $0.
Sec. 1519. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Office
of National Drug Control Policy, Other Federal Drug Control Programs''
shall be $140,900,000, of which $9,000,000 shall be for anti-doping
activities; of which $35,000,000 shall be for a national media
campaign; and the amounts included under such heading shall be applied
to funds appropriated by this division by substituting ``$0'' for
``$10,000,000'', ``$1,000,000'', ``$1,250,000'', and ``$250,000''.
Sec. 1520. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
Partnership Fund for Program Integrity Innovation'' shall be $0.
Sec. 1521. Of the unobligated balances available for ``Executive
Office of the President and Funds Appropriated to the President,
Partnership Fund for Program Integrity Innovation'', $5,000,000 are
rescinded.
Sec. 1522. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
Special Assistance to the President, Salaries and Expenses'' shall be
$4,558,000.
Sec. 1523. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
Official Residence of the Vice President, Operating Expenses'' shall be
$327,000.
Sec. 1524. Notwithstanding section 1101, the level for ``The
Judiciary, Supreme Court of the United States, Care of the Building and
Grounds'' shall be $8,175,000.
Sec. 1525. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses'' shall be $5,013,583,000.
Sec. 1526. The amount included in the second paragraph under the
heading ``The Judiciary, Courts of Appeals, District Courts, and Other
Judicial Services, Salaries and Expenses'' in division C of Public Law
111-117 shall be applied to funds appropriated by this division by
substituting ``$4,785,000'' for ``$5,428,000''.
Sec. 1527. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' shall be $1,027,748,000.
Sec. 1528. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'' shall be $52,410,000.
Sec. 1529. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Court Security'' shall be $467,607,000.
Sec. 1530. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note) is amended--
(1) in the third sentence (relating to the District of
Kansas) by striking ``19 years'' and inserting ``20 years'';
and
(2) in the seventh sentence (relating to the District of
Hawaii), by striking ``16 years'' and inserting ``17 years''.
Sec. 1531. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the District of Columbia
Courts'' shall be $243,420,000, of which $57,760,000 shall be for
capital improvements.
Sec. 1532. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the District of Columbia
Water and Sewer Authority'' shall be $11,499,000.
Sec. 1533. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the Criminal Justice
Coordinating Council'' shall be $1,800,000.
Sec. 1534. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the Office of the Chief
Financial Officer for the District of Columbia'' shall be $0.
Sec. 1535. (a) Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment for School
Improvement'' shall be $77,700,000 and shall remain available until
expended, of which $42,200,000 shall be for the District of Columbia
Public Schools, $20,000,000 shall be to expand quality public charter
schools, and $15,500,000 shall be for opportunity scholarships, and the
second reference to ``$1,000,000'' under such heading shall be applied
to funds appropriated by this division by substituting ``$0''.
(b) The authority and conditions provided in the District of
Columbia Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 3181)
under the heading described in subsection (a) shall apply with respect
to the funds made available under this division, with the following
modifications:
(1) The first proviso under such heading shall not apply.
(2) Notwithstanding the second proviso under such heading,
the funds may be made available for scholarships to students,
without regard to whether any student received a scholarship in
any prior school year.
(3) The fourth proviso under such heading shall not apply.
(4) Notwithstanding the fifth proviso under such heading,
the Secretary of Education shall ensure that site inspections
of participating schools are conducted annually.
Sec. 1536. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Consolidated Laboratory
Facility'' shall be $0.
Sec. 1537. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Housing for the
Homeless'' shall be $10,000,000.
Sec. 1538. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Youth Services'' shall
be $0.
Sec. 1539. Notwithstanding any other provision of this division,
except section 1106, the District of Columbia may expend local funds
for programs and activities under the heading ``District of Columbia
Funds'' for such programs and activities under title IV of S. 3677
(111th Congress), as reported by the Committee on Appropriations of the
Senate, at the rate set forth under ``District of Columbia Funds'' as
included in the Fiscal Year 2011 Budget Request Act (D.C. Act 18-448),
as modified as of the date of the enactment of this division.
Sec. 1540. Section 805(b) of division C of Public Law 111-117 is
amended by striking ``November 1, 2010'' and inserting ``November 1,
2011''.
Sec. 1541. Notwithstanding section 1101, the level for
``Independent Agencies, Administrative Conference of the United States,
Salaries and Expenses'' shall be $2,750,000.
Sec. 1542. Notwithstanding section 1101, the level for
``Independent Agencies, Christopher Columbus Fellowship Foundation,
Salaries and Expenses'' shall be $500,000.
Sec. 1543. Notwithstanding section 1101, the level for ``Related
Agencies and Food and Drug Administration, Independent Agencies,
Commodity Futures Trading Commission'' shall be $202,675,000, to remain
available until September 30, 2012: Provided, That the proviso under
such heading in Public Law 111-80 shall not apply to funds provided by
this division: Provided further, That not less than $37,200,000 shall
be for the highest priority information technology activities of the
Commission.
Sec. 1544. Notwithstanding section 1101, the level for
``Independent Agencies, Consumer Product Safety Commission, Salaries
and Expenses'' shall be $115,018,000, of which $1,000,000 shall remain
available until September 30, 2012 for the Virginia Graeme Baker Pool
and Spa Safety Act grant program.
Sec. 1545. Notwithstanding section 1101, the level for
``Independent Agencies, Election Assistance Commission, Salaries and
Expenses'' shall be $16,300,000, of which $3,250,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002 (Public Law 107-252).
Sec. 1546. Notwithstanding section 1101, the level for
``Independent Agencies, Election Assistance Commission, Election Reform
Programs'' shall be $0.
Sec. 1547. Any expenses incurred by the Election Assistance
Commission using amounts appropriated under the heading ``Election
Assistance Commission, Election Reform Programs'' in the
Transportation, Treasury, and Independent Agencies Appropriations Act,
2004 (Public Law 108-199; 118 Stat. 327) for any program or activity
which the Commission is authorized to carry out under the Help America
Vote Act of 2002 shall be considered to have been incurred for the
programs and activities described under such heading.
Sec. 1548. Notwithstanding section 1101, the level for
``Independent Agencies, Federal Deposit Insurance Corporation, Office
of the Inspector General'' shall be $42,942,000.
Sec. 1549. (a) Notwithstanding section 1101, the aggregate amount
of new obligational authority provided under the heading ``Independent
Agencies, General Services Administration, Real Property Activities,
Federal Buildings Fund, Limitations on Availability of Revenue'' for
Federal buildings and courthouses and other purposes of the Fund shall
be $7,597,540,000, of which: (1) $82,000,000 is for ``Construction and
Acquisition''; and (2) $280,000,000 is for ``Repairs and Alterations''.
(b) The General Services Administration shall submit a detailed
plan, by project, regarding the use of funds to the Committees on
Appropriations of the House of Representatives and the Senate within 30
days of enactment of this section and will provide notification to the
Committees within 15 days prior to any changes regarding the use of
these funds.
Sec. 1550. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Government-Wide Policy'' shall be $66,621,000.
Sec. 1551. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Operating Expenses'' shall be $70,022,000, and matters
pertaining to the amount of $1,000,000 under such heading shall not
apply to funds appropriated by this division.
Sec. 1552. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Electronic Government Fund'' shall be $8,000,000.
Sec. 1553. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Allowances and Office Staff for Former Presidents'' shall
be $3,800,000.
Sec. 1554. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Federal Citizen Services Fund'' shall be $34,184,000.
Sec. 1555. Of the unobligated balances available under the heading
``Independent Agencies, General Services Administration, Real Property
Activities, Federal Buildings Fund, Limitations on Availability of
Revenue'', $25,000,000 are rescinded and shall be returned to the
General Fund of the Treasury.
Sec. 1556. Notwithstanding section 1101, the level for
``Independent Agencies, Harry S Truman Scholarship Foundation, Salaries
and Expenses'' shall be $750,000.
Sec. 1557. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
Office of Inspector General'' shall be $4,250,000.
Sec. 1558. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
Electronic Records Archives'' shall be $72,000,000, of which
$52,500,000 shall remain available until September 30, 2013.
Sec. 1559. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
Repairs and Restoration'' shall be $11,848,000.
Sec. 1560. Of the unobligated balances available under the heading
``Independent Agencies, National Archives and Records Administration,
Repairs and Restoration'', $3,198,000 are rescinded, which shall be
derived from amounts made available for a new regional archives and
records facility in Anchorage, Alaska.
Sec. 1561. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
National Historical Publications and Records Commission, Grants
Program'' shall be $7,000,000.
Sec. 1562. The amounts included under the heading ``Independent
Agencies, Office of Personnel Management, Salaries and Expenses'' in
division C of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``$97,970,000'' for ``$102,970,000''.
Sec. 1563. Notwithstanding section 1101, the level for
``Independent Agencies, Privacy and Civil Liberties Oversight Board,
Salaries and Expenses'' shall be $1,000,000.
Sec. 1564. Of the unobligated balances available for ``Independent
Agencies, Privacy and Civil Liberties Oversight Board, Salaries and
Expenses'', $1,500,000 are rescinded.
Sec. 1565. Notwithstanding section 1101, the level for
``Independent Agencies, Securities and Exchange Commission, Salaries
and Expenses'' shall be $1,185,000,000, and the proviso under such
heading pertaining to prior year unobligated balances shall not apply
to funds appropriated by this division.
Sec. 1566. Notwithstanding section 1101, the level provided under
section 523 of division C of Public Law 111-117 shall be $0.
Sec. 1567. Notwithstanding section 1101, the level for
``Independent Agencies, Small Business Administration, Surety Bond
Guarantees Revolving Fund'' shall be $0.
Sec. 1568. The amounts included under the heading ``Independent
Agencies, Small Business Administration, Disaster Loans Program
Account'' in division C of Public Law 111-117 shall be applied to funds
appropriated by this division as follows:
(1) By substituting ``$0'' for ``$1,690,000''.
(2) By substituting ``$0'' for ``$352,357''.
(3) By substituting ``$0'' for ``$1,337,643''.
(4) By substituting ``$45,463,000'' for ``$76,588,200''.
(5) By substituting ``$35,463,000'' for ``$65,278,200''.
(6) By substituting ``$0'' for ``$1,310,000''.
Sec. 1569. Notwithstanding section 1118, the amounts included
under the heading ``Independent Agencies, United States Postal Service,
Payment to the Postal Service Fund'' in division C of Public Law 111-
117 shall be applied to funds appropriated by this division as follows:
(1) By substituting ``$86,705,000'' for ``$118,328,000''.
(2) By substituting ``$74,905,000'' for ``$89,328,000''.
(3) By substituting ``2011'' for ``2010''.
Sec. 1570. Notwithstanding section 1101, the level for
``Independent Agencies, United States Tax Court, Salaries and
Expenses'' shall be $52,093,000, of which $2,852,000 shall be for
security improvements.
Sec. 1571. Section 617 of Public Law 111-117 is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2010''.
Sec. 1572. Section 814 of division C of Public Law 111-117 shall
be applied to funds appropriated by this division by striking
``Federal''.
Sec. 1573. (a) The Consumer Financial Protection Act of 2010 is
amended by adding after section 1016 the following new sections:
``SEC. 1016A. ANNUAL AUDITS.
``(a) Annual Independent Audit.--The Bureau shall order an annual
independent audit of the operations and budget of the Bureau.
``(b) Annual GAO Audit.--The Comptroller General of the United
States shall conduct an annual audit of the Bureau's financial
statements in accordance with generally accepted government accounting
standards.
``SEC. 1016B. GAO STUDY OF FINANCIAL REGULATIONS.
``(a) Study.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, and annually
thereafter, the Comptroller General of the United States shall conduct
a study of financial services regulations, including activities of the
Bureau. Such study shall include an analysis of--
``(1) the impact of regulation on the financial
marketplace, including the effects on the safety and soundness
of regulated entities, cost and availability of credit, savings
realized by consumers, reductions in consumer paperwork burden,
changes in personal and small business bankruptcy filings, and
costs of compliance with rules, including whether relevant
Federal agencies are applying sound cost-benefit analysis in
promulgating rules;
``(2) efforts to avoid duplicative or conflicting
rulemakings, including an evaluation of the consultative
process under subparagraphs (B) and (C) of section 1022(b)(2),
information requests, and examinations; and
``(3) other matters related to the operations of financial
services regulations deemed by the Comptroller General to be
appropriate.
``(b) Report.--Not later than the end of the 30-day period
following the completion of a study conducted pursuant to subsection
(a), the Comptroller General shall issue a report to the Congress
containing a detailed description of all findings and conclusions made
by the Comptroller General in carrying out such study, together with
such recommendations for legislative or administrative action as the
Comptroller General may determine to be appropriate.''.
(b) The table of contents for the Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended by inserting after the item relating
to section 1016 the following new items:
``Sec. 1016A. Annual audits.
``Sec. 1016B. GAO study of financial regulations.''.
(c) The initial audits described under section 1016A of the
Consumer Financial Protection Act of 2010 shall be completed not later
than the end of the 180-day period beginning on the date of the
enactment of this Act.
Sec. 1574. The Government Accountability Office is directed to
report to the Committees on Appropriations of the House of
Representatives and the Senate on the data collected by the Consumer
Product Safety Commission (CPSC) under section 6A of the Consumer
Product Safety Act (15 U.S.C. 2055a) within 180 days of enactment of
this division. This study shall include an analysis of:
(1) Whether the information submitted is required to be
from first-hand knowledge.
(2) Whether the information required for submission of a
complaint is sufficient to enable the CPSC, where appropriate,
to investigate the facts surrounding the incident and determine
the material accuracy of the report.
(3) Whether the information submitted to the database with
respect to a product is sufficient to enable consumers, the
CPSC, and manufacturers to identify such product.
(4) Whether the length of time before posting complaints is
a reasonable timeframe for adjudicating pending claims of
material inaccuracy.
Sec. 1575. Notwithstanding section 1101, the limits set forth in
section 702 of Public Law 111-117 shall not apply to any vehicle that
is a commercial item and which operates on emerging motor vehicle
technology, including but not limited to electric, plug-in hybrid
electric, and hydrogen fuel cell vehicles.
Sec. 1576. (a) Section 1403(8) of the Virginia Graeme Baker Pool
and Spa Safety Act (15 U.S.C. 8002(8)) is amended by adding at the end
the following: ``For purposes of eligibility for the grants authorized
under section 1405, such term shall also include any political
subdivision of a State.''.
(b) Section 1405(e) of the Virginia Graeme Baker Pool and Spa
Safety Act (15 U.S.C. 8004 (e)) is amended by striking ``2010'' and
inserting ``2011''.
TITLE VI--HOMELAND SECURITY
Sec. 1601. Within 24 days after the date of enactment of this
division, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives an expenditure plan for fiscal year 2011 that displays
the level of funding by program, project, and activity consistent with
the table of detailed funding recommendations contained at the end of
the joint explanatory statement accompanying the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83) and the
classified annex accompanying this division: Provided, That all plans
for expenditure required in Public Law 111-83 shall be updated for
fiscal year 2011 budget authority and submitted to the Committees on
Appropriations of the Senate and House of Representatives within 45
days after the date of enactment of this division, notwithstanding the
specified withholding of funds and associated approval requirements.
Sec. 1602. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Secretary and
Executive Management'' shall be $136,818,000.
Sec. 1603. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Under Secretary for
Management'' shall be $239,933,000.
Sec. 1604. Notwithstanding section 1101, for an additional amount
under the heading ``Department of Homeland Security, Office of the
Under Secretary for Management'', $77,400,000, to plan, acquire,
construct, renovate, remediate, equip, furnish, and occupy buildings
and facilities for the consolidation of the Department of Homeland
Security headquarters.
Sec. 1605. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Chief Financial
Officer'' shall be $53,430,000, of which $4,000,000 shall remain
available until September 30, 2014, for financial systems consolidation
efforts.
Sec. 1606. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Chief Information
Officer'' shall be $333,393,000.
Sec. 1607. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of the Federal Coordinator
for Gulf Coast Rebuilding'' shall be $0.
Sec. 1608. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border Protection,
Salaries and Expenses'' shall be $8,212,626,000: Provided, That for
fiscal year 2011, the Border Patrol shall achieve an active duty
presence of not less than 21,370 agents protecting the border of the
United States by September 30, 2011.
Sec. 1609. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border Protection,
Automation Modernization'' shall be $336,575,000, of which $148,090,000
shall be for the Automated Commercial Environment.
Sec. 1610. (a) Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border Protection,
Border Security Fencing, Infrastructure, and Technology'' shall be
$574,173,000.
(b) Paragraph (11) of the first proviso and the third and fourth
provisos under the heading ``Border Security Fencing, Infrastructure,
and Technology'' of Public Law 111-83 shall not apply to funds
appropriated by this division.
Sec. 1611. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border Protection,
Air and Marine Interdiction, Operations, Maintenance, and Procurement''
shall be $516,326,000.
Sec. 1612. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border Protection,
Construction and Facilities Management'' shall be $260,000,000.
Sec. 1613. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Salaries and Expenses'' shall be $5,437,643,000: Provided,
That U.S. Immigration and Customs Enforcement shall maintain a level of
not fewer than 33,400 detention beds throughout fiscal year 2011.
Sec. 1614. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Automation Modernization'' shall be $74,000,000.
Sec. 1615. Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Construction'' shall be $0.
Sec. 1616. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Aviation Security'' shall be $5,219,546,000: Provided,
That the amounts included under such heading in Public Law 111-83 shall
be applied to funds appropriated by this division as follows: by
substituting ``$5,219,546,000'' for ``$5,214,040,000''; by substituting
``$4,307,793,000'' for ``$4,358,076,000''; by substituting
``$629,297,000'' for ``$1,116,406,000''; by substituting
``$911,753,000'' for ``$855,964,000''; by substituting ``$291,191,000''
for ``$778,300,000''; by substituting ``9 percent'' for ``28 percent'';
and by substituting ``$3,119,546,000'' for ``$3,114,040,000'': Provided
further, That none of the funds in this division may be used for any
recruiting or hiring of personnel into the Transportation Security
Administration that would cause the agency to exceed a staffing level
of 46,000 full-time equivalent screeners: Provided further, That the
preceding proviso shall not apply to personnel hired as part-time
employees: Provided further, That not later than August 15, 2011, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and House of Representatives a detailed
report on: (1) the Department's efforts and the resources being devoted
to develop more advanced integrated passenger screening technologies
for the most effective security of passengers and baggage at the lowest
possible operating and acquisition costs; (2) how the Transportation
Security Administration is deploying its existing screener workforce in
the most cost effective manner; and (3) labor savings from the
deployment of improved technologies for passengers and baggage
screening and how those savings are being used to offset security costs
or reinvested to address security vulnerabilities.
Sec. 1617. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Surface Transportation Security'' shall be
$105,961,000.
Sec. 1618. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Transportation Threat Assessment and Credentialing''
shall be $162,999,000.
Sec. 1619. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Transportation Security Support'' shall be
$988,638,000.
Sec. 1620. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Federal Air Marshals'' shall be $929,802,000.
Sec. 1621. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Operating Expenses''
shall be $6,907,338,000, of which $254,000,000 is designated as being
for contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010: Provided, That the Coast Guard may decommission one Medium
Endurance Cutter, two High Endurance Cutters, four HU-25 aircraft, and
one Maritime Safety and Security Team, and may make necessary staffing
adjustments at the Coast Guard Investigative Service and other support
units, as specified in the budget justification materials for fiscal
year 2011 as submitted to the Committees on Appropriations of the
Senate and House of Representatives.
Sec. 1622. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Acquisition,
Construction, and Improvements'' shall be $1,519,783,000, of which
$42,000,000 shall be for vessels, small boats, critical infrastructure,
and related equipment; of which $36,000,000 shall be for other
equipment; of which $69,200,000 shall be for shore, military housing,
and aids to navigation facilities, including waterfront facilities at
Navy installations used by the Coast Guard, of which $2,000,000 may be
derived from the Coast Guard Housing Fund established pursuant to 14
U.S.C. 687; of which $106,083,000 shall be available for personnel
compensation and benefits and related costs; and of which
$1,266,500,000 shall be for the Integrated Deepwater Systems program:
Provided, That of the funds made available for the Integrated Deepwater
Systems program, $101,000,000 is for aircraft and $1,010,000,000 is for
surface ships: Provided further, That of the funds provided for surface
ships, $692,000,000 is available for the procurement of the fifth
National Security Cutter, including procurement of the production of
such cutter and production-related activities and post-delivery
activities associated with such cutter.
Sec. 1623. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Alteration of Bridges''
shall be $0.
Sec. 1624. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Research, Development,
Test, and Evaluation'' shall be $24,745,000, of which $4,000,000 shall
be for research, development, test, and evaluation of technologies to
prevent and respond to oil and hazardous substance spills.
Sec. 1625. Notwithstanding section 1101, the level for
``Department of Homeland Security, United States Secret Service,
Salaries and Expenses'' shall be $1,514,361,000.
Sec. 1626. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and Programs
Directorate, Management and Administration'' shall be $43,577,000.
Sec. 1627. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and Programs
Directorate, Infrastructure Protection and Information Security'' shall
be $840,444,000.
Sec. 1628. Notwithstanding section 1101, under the heading
``Department of Homeland Security, National Protection and Programs
Directorate, Federal Protective Service'', the revenues and collections
of security fees credited to this account shall be available until
expended for necessary expenses related to the protection of federally-
owned and leased buildings and for the operations of the Federal
Protective Service: Provided, That, no later than September 30, 2011,
the Federal Protective Service shall maintain not fewer than 1,250
full-time staff and 935 full-time Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly engaged
on a daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff'').
Sec. 1629. Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and Programs
Directorate, United States Visitor and Immigrant Status Indicator
Technology'' shall be $334,613,000.
Sec. 1630. Notwithstanding section 1101, the level for
``Department of Homeland Security, Office of Health Affairs'' shall be
$139,734,000, of which $27,053,000 is for salaries and expenses.
Sec. 1631. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency Management Agency,
Management and Administration'' shall be $788,400,000, of which
$35,250,000 shall be for the Urban Search and Rescue Response System:
Provided, That the directed obligations under such heading for capital
improvements at the Mount Weather Emergency Operations Center in Public
Law 111-83 shall have no force or effect to funds appropriated by this
division.
Sec. 1632. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency Management Agency,
State and Local Programs'' shall be $2,229,500,000: Provided, That of
the amount provided by this division for the State Homeland Security
Grant Program under such heading, $55,000,000 shall be for Operation
Stonegarden; $45,000,000 shall be for the Driver's License Security
Grant Program; $10,000,000 shall be for the Citizen Corps Program; and
$35,000,000 shall be for the Metropolitan Medical Response System:
Provided further, That the amounts provided by this division for the
Citizen Corps Program under such heading shall not be subject to the
requirements of subtitle A of title XX of the Homeland Security Act of
2002 (6 U.S.C. 603 et seq.): Provided further, That of the amount
provided by this division for Public Transportation Security Assistance
and Railroad Security Assistance under such heading, no less than
$20,000,000 shall be for Amtrak security and no less than $5,000,000
shall be for Over-the-Road Bus Security: Provided further, That the
amounts included under such heading in Public Law 111-83 shall be
applied to funds appropriated by this division as follows: in paragraph
(1), by substituting ``$725,000,000'' for ``$950,000,000''; in
paragraph (2), by substituting ``$725,000,000'' for ``$887,000,000'';
in paragraph (3), by substituting ``$15,000,000'' for ``$35,000,000'';
in paragraph (4), by substituting ``$0'' for ``$41,000,000''; in
paragraph (5), by substituting ``$0'' for ``$13,000,000''; in paragraph
(6), by substituting ``$250,000,000'' for ``$300,000,000''; in
paragraph (7), by substituting ``$250,000,000'' for ``$300,000,000'';
in paragraph (8), by substituting ``$0'' for ``$12,000,000''; in
paragraph (9), by substituting ``$0'' for ``$50,000,000''; in paragraph
(10), by substituting ``$0'' for ``$50,000,000''; in paragraph (11), by
substituting ``$0'' for ``$50,000,000''; in paragraph (12), by
substituting ``$15,000,000'' for ``$60,000,000'' and by substituting
``$0'' for each following amount in such paragraph; in paragraph (13),
by substituting ``$249,500,000'' for ``$267,200,000'', of which
$155,500,000 shall be for training of State, local, and tribal
emergency response providers: Provided further, That the directed
obligations provisions in paragraphs 13(A), 13(B), and 13(C) under such
heading in Public Law 111-83 shall have no force or effect to funds
appropriated in this division: Provided further, That 5.8 percent of
the amount provided for ``Department of Homeland Security, Federal
Emergency Management Agency, State and Local Programs'' by this
division shall be transferred to ``Department of Homeland Security,
Federal Emergency Management Agency, Management and Administration''
for program administration.
Sec. 1633. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency Management Agency,
Firefighter Assistance Grants'' for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) shall
be $810,000,000, of which $405,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $405,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a):
Provided, That the proviso included under ``Federal Emergency
Management Agency, Firefighter Assistance Grants'' in the Department of
Homeland Security Appropriations Act, 2010 (Public Law 111-83) shall
have no force or effect: Provided further, That 5.8 percent of the
amount available under this heading shall be transferred to
``Department of Homeland Security, Federal Emergency Management Agency,
Management and Administration'' for program administration: Provided
further, That none of the funds made available in this division may be
used to enforce the requirements in--
(1) section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a(a)(1)(A));
(2) section 34(a)(1)(E) of such Act; and
(3) section 34(c)(1) of such Act.
Sec. 1634. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency Management Agency,
Disaster Relief'' shall be $2,650,000,000: Provided, That the
Administrator of the Federal Emergency Management Agency shall submit
quarterly reports to the Committees on Appropriations of the Senate and
the House of Representatives providing estimates of funding
requirements for ``Disaster Relief'' for the current fiscal year and
the succeeding three fiscal years: Provided further, That the report
shall provide (a) an estimate, by quarter, for the costs of all
previously designated disasters; (b) an estimate, by quarter, for the
cost of future disasters based on a five year average, excluding
catastrophic disasters; and (c) an estimate of the date on which the
``Disaster Relief'' balance will reach $800,000,000.
Sec. 1635. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency Management Agency,
Flood Map Modernization Fund'' shall be $182,000,000.
Sec. 1636. Notwithstanding section 1101, in fiscal year 2011,
funds shall not be available from the National Flood Insurance Fund
under section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) for operating expenses in excess of $110,000,000, and for
agents' commissions and taxes in excess of $963,339,000: Provided, That
notwithstanding section 1101, for activities under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the level shall be
$169,000,000, which shall be derived from offsetting collections
assessed and collected under 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)), of which not to exceed $22,145,000
shall be available for salaries and expenses associated with flood
mitigation and flood insurance operations; and not less than
$146,855,000 shall be available for floodplain management and flood
mapping, which shall remain available until September 30, 2012.
Sec. 1637. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency Management Agency,
National Predisaster Mitigation Fund'' shall be $50,000,000: Provided,
That the directed obligations under such heading in Public Law 111-83
shall have no force or effect to funds appropriated in this division.
Sec. 1638. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Emergency Management Agency,
Emergency Food and Shelter'' shall be $120,000,000.
Sec. 1639. Notwithstanding section 1101, the level for
``Department of Homeland Security, United States Citizenship and
Immigration Services'' shall be $146,593,000, of which $25,000,000 is
for processing applications for asylum and refugee status, and of which
$103,400,000 shall be for the E-Verify Program.
Sec. 1640. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Law Enforcement Training
Center, Salaries and Expenses'' shall be $235,919,000.
Sec. 1641. Notwithstanding section 1101, the level for
``Department of Homeland Security, Federal Law Enforcement Training
Center, Acquisitions, Construction, Improvements, and Related
Expenses'' shall be $35,456,000.
Sec. 1642. Notwithstanding section 1101, the level for
``Department of Homeland Security, Science and Technology, Management
and Administration'' shall be $141,200,000.
Sec. 1643. Notwithstanding section 1101, the level for
``Department of Homeland Security, Science and Technology, Research,
Development, Acquisition, and Operations'' shall be $688,036,000, of
which $40,000,000 shall remain available until September 30, 2013, for
construction of the National Bio- and Agro-defense Facility central
utility plant: Provided, That the final proviso included under the
heading ``Department of Homeland Security, Science and Technology,
Research, Development, Acquisition, and Operations'' in the Department
of Homeland Security Appropriations Act, 2010 (Public Law 111-83) shall
have no force or effect: Provided further, That funding for university
programs shall not be reduced by more than twenty percent from the
fiscal year 2010 enacted level.
Sec. 1644. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection Office,
Management and Administration'' shall be $36,992,000.
Sec. 1645. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection Office,
Research, Development, and Operations'' shall be $275,437,000.
Sec. 1646. Notwithstanding section 1101, the level for
``Department of Homeland Security, Domestic Nuclear Detection Office,
Systems Acquisition'' shall be $30,000,000.
Sec. 1647. (a) Section 560 of Public Law 111-83 shall not apply to
funds appropriated by this division.
(b) No funding provided in this division shall be used for
construction of the National Bio- and Agro-defense Facility until the
Department of Homeland Security has, pursuant to the schedule submitted
by the Department of Homeland Security on March 31, 2011, to the
Committees on Appropriations of the Senate and House of
Representatives--
(1) completed 50 percent of design planning for the
National Bio- and Agro-defense Facility, and
(2) submitted to the Committees on Appropriations of the
Senate and the House of Representatives a revised site-specific
biosafety and biosecurity mitigation risk assessment that
describes how to significantly reduce risks of conducting
essential research and diagnostic testing at the National Bio-
and Agro-defense Facility and addresses shortcomings identified
in the National Academy of Sciences' evaluation of the initial
site-specific biosafety and biosecurity mitigation risk
assessment.
(c) The revised site-specific biosafety and biosecurity mitigation
risk assessment required by subsection (b) shall--
(1) include a quantitative risk assessment for foot-and-
mouth disease virus, in particular epidemiological and economic
impact modeling to determine the overall risk of operating the
facility for its expected 50-year life span, taking into
account strategies to mitigate risk of foot-and-mouth disease
virus release from the laboratory and ensure safe operations at
the approved National Bio- and Agro-defense Facility site;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local, State,
and Federal authorities and appropriate stakeholders) if a
release occurs, to detect and control the spread of disease;
and
(3) include overall risks of the most dangerous pathogens
the Department of Homeland Security expects to hold in the
National Bio- and Agro-defense Facility's biosafety level 4
facility, and effectiveness of mitigation strategies to reduce
those risks.
(d) The Department of Homeland Security shall enter into a contract
with the National Academy of Sciences to evaluate the adequacy and
validity of the risk assessment required by subsection (b). The
National Academy of Sciences shall submit a report on such evaluation
within four months after the date the Department of Homeland Security
concludes its risk assessment.
Sec. 1648. Section 503 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83) is amended by adding at
the end the following:
``(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.''.
Sec. 1649. For fiscal year 2011, sections 529, 541, and 545 of the
Department of Homeland Security Appropriations Act, 2010 (Public Law
111-83; 123 Stat. 2174, 2176) shall have no force or effect.
Sec. 1650. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
amended by striking ``on October 4, 2010'' and inserting ``on October
4, 2011''.
Sec. 1651. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2010'' and inserting ``Until September 30, 2011''; and
(2) in subsection (d)(1), by striking ``September 30,
2010'' and inserting ``September 30, 2011''.
Sec. 1652. Section 532(a) of Public Law 109-295 (120 Stat. 1384)
is amended by striking ``2010'' and inserting ``2011''.
Sec. 1653. For an additional amount for necessary expenses for
reimbursement of the actual costs to State and local governments for
providing emergency management, public safety, and security at events,
as determined by the Administrator of the Federal Emergency Management
Agency, related to the presence of a National Special Security Event,
$7,500,000, to remain available until September 30, 2012.
Sec. 1654. Notwithstanding the 10 percent limitation contained in
section 503(c) of the Department of Homeland Security Appropriations
Act, 2010 (Public Law 111-83), the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and House of Representatives 5 days in
advance of such transfer.
Sec. 1655. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $1,692,000 from ``Operations'';
(2) $4,871,492 from ``Violent Crime Reduction Program'';
(3) $17,195,677 from ``U.S. Customs and Border Protection,
Salaries and Expenses''; and
(4) $10,568,934 from ``Office for Domestic Preparedness''.
Sec. 1656. The following unobligated balances made available to
the Department of Homeland Security pursuant to section 505 of
Department of Homeland Security Appropriations Act, 2010 (Public Law
111-83; 123 Stat. 2174) are rescinded:
(1) $1,437,015 from ``Office of the Secretary and Executive
Management'';
(2) $821,104 from ``Office of the Under Secretary for
Management'';
(3) $242,720 from ``Office of the Chief Financial
Officer'';
(4) $23,143 from ``Office of the Chief Information
Officer'';
(5) $440,847 from ``Analysis and Operations'';
(6) $76,498 from ``Office of the Federal Coordinator for
Gulf Coast Rebuilding'';
(7) $223,301 from ``Office of Inspector General'';
(8) $12,503,273 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(9) $18,214,469 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses'';
(10) $2,429,978 from ``Transportation Security
Administration, Federal Air Marshals'';
(11) $13,508,196 from ``Coast Guard, Operating Expenses'';
(12) $3,411,505 from ``Coast Guard, Reserve Training'';
(13) $150,499 from ``National Protection and Programs
Directorate, Management and Administration'';
(14) $861,290 from ``National Protection and Programs
Directorate, Infrastructure Protection and Information
Security'';
(15) $602,956 from ``United States Secret Service, Salaries
and Expenses'';
(16) $814,153 from ``Federal Emergency Management Agency,
Management and Administration'';
(17) $831,400 from ``Office of Health Affairs'';
(18) $7,945,983 from ``United States Citizenship and
Immigration Services'';
(19) $1,010,795 from ``Federal Law Enforcement Training
Center, Salaries and Expenses'';
(20) $425,465 from ``Science and Technology, Management and
Administration''; and
(21) $42,257 from ``Domestic Nuclear Detection Office,
Management and Administration''.
Sec. 1657. Of the funds appropriated to the Department of Homeland
Security, the following unobligated balances are hereby rescinded from
the following accounts and programs in the specified amounts:
(1) $10,000,000 from ``U.S. Customs and Border Protection,
Automation Modernization'';
(2) $129,000,000 from ``U.S. Customs and Border Protection,
Border Security Fencing, Infrastructure, and Technology'';
(3) $19,603,000 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund'';
(4) $60,600,000 from ``Science and Technology, Research,
Development, Acquisition, and Operations'';
(5) $10,886,000 from ``Domestic Nuclear Detection Office,
Research, Development, and Operations''; and
(6) $10,122,000 from ``Coast Guard, Acquisition,
Construction, and Improvements''.
Sec. 1658. Of the unobligated balances made available under
section 44945 of title 49, United States Code, $800,000 is rescinded.
Sec. 1659. Of the unobligated balances available for ``Department
of Homeland Security, Transportation Security Administration'',
$15,000,000 is rescinded: Provided, that the Transportation Security
Administration shall not rescind any unobligated balances from the
following programs: explosives detection systems, checkpoint support,
aviation regulation and other enforcement, and air cargo.
Sec. 1660. Of the unobligated balances available for ``Department
of Homeland Security, National Protection and Programs Directorate,
Infrastructure Protection and Information Security'', the following
amounts are rescinded--
(1) $6,000,000 from Next Generation Networks; and
(2) $9,600,000 to be specified in a report submitted to the
Committees on Appropriations of the Senate and the House of
Representatives no later than 15 days after the date of
enactment of this division, which describes the amounts
rescinded and the original purpose of such funds.
Sec. 1661. From the unobligated balances of funds made available
in the Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code, which was added to such
title by section 638 of Public Law 102-393, $22,600,000 is rescinded.
Sec. 1662. From the unobligated balances of prior year
appropriations made available for ``Department of Homeland Security,
National Protection and Programs Directorate, United States Visitor and
Immigrant Indicator Technology'', $32,795,000 is rescinded.
Sec. 1663. From the unobligated balances of prior year
appropriations made available for ``Department of Homeland Security,
United States Citizenship and Immigration Services'', $13,000,000 is
rescinded: Provided, That United States Citizenship and Immigration
Services shall not rescind any unobligated balances from the following
programs and activities: E-Verify, data center migration, and
processing applications for asylum and refugee status.
Sec. 1664. Of the unobligated balances available for ``Department
of Homeland Security, U.S. Immigration and Customs Enforcement,
Construction'', $10,000,000 is rescinded.
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
Sec. 1701. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Land Management, Management of
Lands and Resources'' shall be $963,706,000: Provided, That the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this division by substituting
``$963,706,000'' for ``$959,571,000'' the second place it appears.
Sec. 1702. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Land Management, Construction''
shall be $4,626,000.
Sec. 1703. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Land Management, Land
Acquisition'' shall be $22,000,000: Provided, That the proviso under
such heading in division A of Public Law 111-88 shall not apply to
funds appropriated by this division.
Sec. 1704. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
Resource Management'' shall be $1,247,356,000.
Sec. 1705. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
Construction'' shall be $20,846,000.
Sec. 1706. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
Land Acquisition'' shall be $55,000,000.
Sec. 1707. Of the unobligated amounts available for ``Department
of the Interior, United States Fish and Wildlife Service, Landowner
Incentive Program'' from prior year appropriations, all remaining
amounts are rescinded.
Sec. 1708. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
Cooperative Endangered Species Conservation Fund'' shall be
$60,000,000: Provided, That amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds appropriated
by this division as follows: by substituting ``$4,987,297'' for
``$5,145,706''; and by substituting ``$31,000,000'' for
``$56,000,000''.
Sec. 1709. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
North American Wetlands Conservation Fund'' shall be $37,500,000.
Sec. 1710. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
Neotropical Migratory Bird Conservation'' shall be $4,000,000.
Sec. 1711. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
Multinational Species Conservation Fund'' shall be $10,000,000.
Sec. 1712. Notwithstanding section 1101, the level for
``Department of the Interior, United States Fish and Wildlife Service,
State and Tribal Wildlife Grants'' shall be $62,000,000.
Sec. 1713. Before the end of the 60-day period beginning on the
date of enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on April 2, 2009 (74 Fed. Reg. 15123
et seq.) without regard to any other provision of statute or regulation
that applies to issuance of such rule. Such reissuance (including this
section) shall not be subject to judicial review and shall not abrogate
or otherwise have any effect on the order and judgment issued by the
United States District Court for the District of Wyoming in Case
Numbers 09-CV-118J and 09-CV-138J on November 18, 2010.
Sec. 1714. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Operation of the
National Park System'' shall be $2,254,559,000.
Sec. 1715. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Park Partnership
Project Grants'' shall be $0 and the matters pertaining to such account
in division A of Public Law 111-88 shall not apply to funds
appropriated by this division.
Sec. 1716. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, National
Recreation and Preservation'' shall be $57,986,000, of which $0 shall
be for projects authorized by section 7302 of Public Law 111-11.
Sec. 1717. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Historic
Preservation Fund'' shall be $54,500,000: Provided, That the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this division by substituting ``$0''
for ``$25,000,000'': Provided further, That the proviso under such
heading in division A of Public Law 111-88 shall not apply to funds
appropriated by this division.
Sec. 1718. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Construction''
shall be $210,066,000: Provided, That the last proviso under such
heading in division A of Public Law 111-88 shall not apply to funds
appropriated by this division.
Sec. 1719. The contract authority provided for fiscal year 2011 by
16 U.S.C. 460l-10a is rescinded.
Sec. 1720. Notwithstanding section 1101, the level for
``Department of the Interior, National Park Service, Land Acquisition
and State Assistance'' shall be $95,000,000: Provided, That section 113
of division A of Public Law 111-88 shall not apply to funds
appropriated by this division.
Sec. 1721. Of the unobligated amounts available for ``Department
of the Interior, National Park Service, Urban Park and Recreation
Fund,'' $625,000 is rescinded.
Sec. 1722. Notwithstanding section 1101, the level for
``Department of the Interior, United States Geological Survey, Surveys,
Investigations, and Research'' shall be $1,085,844,000: Provided, That
none of the matter after ``September 30, 2011'' and before the first
proviso under such heading in division A of Public Law 111-88 shall
apply to funds appropriated by this division.
Sec. 1723. Notwithstanding section 1101, the level for
``Department of the Interior, Minerals Management Service, Royalty and
Offshore Minerals Management'' shall be $239,478,000: Provided, That
the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this division as
follows: by substituting ``$109,494,000'' for ``$89,374,000''; by
substituting ``$154,890,000'' for ``$156,730,000'' each place it
appears; and by substituting ``2011'' for ``2010'' each place it
appears.
Sec. 1724. Notwithstanding section 1101, the level for
``Department of the Interior, Minerals Management Service, Oil Spill
Research'' shall be $11,768,000.
Sec. 1725. During fiscal year 2011, the Secretary of the Interior,
in order to implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may establish accounts and
transfer funds among and between the offices and bureaus affected by
the reorganization only in conformance with the Committees on
Appropriations of the House of Representatives and the Senate
reprogramming guidelines described in the joint explanatory statement
of managers accompanying Public Law 111-88.
Sec. 1726. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs, Operation of
Indian Programs'' shall be $2,334,515,000: Provided, That the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this division as follows: by
substituting ``$220,000,000'' for ``$166,000,000''; by substituting
``$585,411,000'' for ``$568,702,000''; and by substituting
``$46,373,000'' for ``$43,373,000''.
Sec. 1727. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs, Construction''
shall be $210,000,000.
Sec. 1728. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs, Indian Land and
Water Claim Settlements and Miscellaneous Payments to Indians'' shall
be $46,480,000, of which $0 shall be for the matter pertaining to
Public Law 109-379.
Sec. 1729. Notwithstanding section 1101, the level for
``Department of the Interior, Bureau of Indian Affairs, Indian Land
Consolidation'' shall be $0.
Sec. 1730. Notwithstanding section 1101, the level for
``Department of the Interior, Departmental Offices, Insular Affairs,
Assistance to Territories'' shall be $84,295,000: Provided, That the
amounts included under such heading in division A of Public Law 111-88
shall be applied to funds appropriated by this division by substituting
``$75,015,000'' for ``$75,915,000''.
Sec. 1731. Notwithstanding section 1101, the level for
``Department of the Interior, Departmental Offices, Office of the
Special Trustee for American Indians, Federal Trust Programs'' shall be
$161,000,000: Provided, That the amounts included under such heading in
division A of Public Law 111-88, as amended by Public Law 111-212,
shall be applied to funds appropriated by this division by substituting
``$31,534,000'' for ``$47,536,000''.
Sec. 1732. Notwithstanding section 1101, the level for
``Department of the Interior, Department-wide Programs, Wildland Fire
Management'' shall be $919,897,000: Provided, That the amounts included
under such heading in division A of Public Law 111-88 shall be applied
to funds appropriated by this division by substituting ``$0'' for
``$125,000,000'': Provided further, That of the unobligated balances
available under such heading in division A of Public Law 111-88 and
prior appropriations Acts, $200,000,000 is rescinded: Provided further,
That no amounts in this section may be rescinded from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget Emergency
Deficit Control Act of 1985.
Sec. 1733. Section 121 of division A of Public Law 111-88 (123
Stat. 2930), concerning joint ticketing at the Pearl Harbor Naval
Complex, is amended in subsection (b)(1) by striking ``may enter'' and
inserting ``may, for this fiscal year and each fiscal year thereafter,
enter''.
Sec. 1734. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Science and Technology'' shall be
$815,110,000.
Sec. 1735. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Environmental Programs and
Management'' shall be $2,761,994,000: Provided, That of the funds
included under this heading $416,875,000 shall be for Geographic
Programs: Provided further, That of such amounts for Geographic
Programs, $300,000,000 shall be for the Great Lakes Restoration
Initiative.
Sec. 1736. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Buildings and Facilities'' shall be
$36,501,000, of which $0 shall be for the planning and design of a
high-performance green building to consolidate the multiple offices and
research facilities of the Environmental Protection Agency in Las
Vegas, Nevada.
Sec. 1737. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Hazardous Substance Superfund''
shall be $1,283,475,000: Provided, That the matter under such heading
in division A of Public Law 111-88 shall be applied to funds
appropriated by this division as follows: by substituting
``$1,283,475,000'' for ``$1,306,541,000'' the second place it appears;
and by substituting ``September 30, 2010'' for ``September 30, 2009''.
Sec. 1738. Notwithstanding section 1101, the level for
``Environmental Protection Agency, State and Tribal Assistance Grants''
shall be $3,766,446,000: Provided, That the amounts included under such
heading in division A of Public Law 111-88 shall be applied to funds
appropriated by this division as follows: by substituting
``$1,525,000,000'' for ``$2,100,000,000''; by substituting
``$965,000,000'' for ``$1,387,000,000''; by substituting
``$10,000,000'' for ``$17,000,000''; by substituting ``$10,000,000''
for ``$13,000,000''; by substituting ``$0'' for ``$156,777,000''; by
substituting ``$50,000,000'' for ``$60,000,000''; by substituting
``$0'' for ``$20,000,000''; by substituting ``$1,106,446,000'' for
``$1,116,446,000''; and by substituting ``$0'' for ``$10,000,000'' the
second place it appears (pertaining to competitive grants for
communities).
Sec. 1739. Notwithstanding section 1101, the amounts authorized to
transfer under the heading ``Environmental Protection Agency,
Administrative Provisions, Environmental Protection Agency'' in
division A of Public Law 111-88 shall be applied to funds appropriated
by this division by substituting ``$300,000,000'' for ``$475,000,000''.
Sec. 1740. Of the unobligated balances available for
``Environmental Protection Agency, State and Tribal Assistance
Grants'', $140,000,000 is rescinded: Provided, That the Administrator
of the Environmental Protection Agency shall submit to the Committees
on Appropriations of the House of Representatives and the Senate a
proposed allocation of such rescinded amounts among programs, projects,
and activities and such allocation shall take effect 30 days after such
submission: Provided further, That no amounts may be rescinded from
amounts that were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Act of 1985.
Sec. 1741. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Forest and Rangeland
Research'' shall be $307,252,000.
Sec. 1742. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, State and Private
Forestry'' shall be $278,151,000: Provided, That the amounts included
under such heading in division A of Public Law 111-88 shall be applied
to funds appropriated by this division by substituting ``$53,000,000''
for ``$76,460,000''.
Sec. 1743. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, National Forest System''
shall be $1,545,339,000, of which $15,000,000 shall be deposited into
the Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f), and of which
$336,722,000 shall be for forest products.
Sec. 1744. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Capital Improvement and
Maintenance'' shall be $473,591,000: Provided, That the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this division by substituting
``$45,000,000'' for ``$90,000,000''.
Sec. 1745. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Land Acquisition'' shall
be $33,000,000.
Sec. 1746. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Wildland Fire Management''
shall be $2,172,387,000: Provided, That the amounts included under such
heading in division A of Public Law 111-88 shall be applied to funds
appropriated by this division as follows: by substituting ``$0'' for
``$75,000,000''; by substituting ``$11,500,000'' for ``$11,600,000'';
and by substituting ``$65,000,000'' for ``$71,250,000''.
Sec. 1747. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, FLAME Wildfire Suppression
Reserve Fund'' shall be $291,000,000. Provided, That of the unobligated
balances available under such heading in division A of Public Law 111-
88, $200,000,000 is rescinded.
Sec. 1748. The authority provided by section 337 of the Department
of the Interior and Related Agencies Appropriations Act, 2005 (Public
Law 108-447; 118 Stat. 3102), as amended, shall remain in effect until
September 30, 2011.
Sec. 1749. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Indian Health Service,
Indian Health Services'' shall be $3,672,618,000.
Sec. 1750. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Indian Health Service,
Indian Health Facilities'' shall be $404,757,000.
Sec. 1751. Notwithstanding section 1101, the level for ``Chemical
Safety and Hazard Investigation Board, Salaries and Expenses'' shall be
$10,799,000: Provided, That the matter pertaining to methyl isocyanate
in the last proviso under such heading in division A of Public Law 111-
88 shall not apply to funds appropriated by this division.
Sec. 1752. Notwithstanding section 1101, the level for
``Smithsonian Institution, Legacy Fund'' shall be $0.
Sec. 1753. Notwithstanding section 1101, the level for ``National
Gallery of Art, Repair, Restoration and Renovation of Buildings'' shall
be $48,221,000: Provided, That the amounts included under such heading
in division A of Public Law 111-88 shall be applied to funds
appropriated by this division by substituting ``$42,250,000'' for
``$40,000,000''.
Sec. 1754. Notwithstanding section 1101, the level for ``John F.
Kennedy Center for the Performing Arts, Operations and Maintenance''
shall be $22,500,000: Provided, That the amounts included under such
heading in division A of Public Law 111-88 shall be applied to funds
appropriated by this division by substituting ``$0'' for ``$500,000'':
Provided further, That the first proviso under such heading in division
A of Public Law 111-88 is amended by striking ``until expended'' and
all that follows and inserting ``until September 30, 2011''.
Sec. 1755. Notwithstanding section 1101, the level for ``John F.
Kennedy Center for the Performing Arts, Capital Repair and
Restoration'' shall be $13,920,000.
Sec. 1756. Notwithstanding section 1101, the level for ``Woodrow
Wilson International Center for Scholars, Salaries and Expenses'' shall
be $11,225,000.
Sec. 1757. Notwithstanding section 1101, the level for ``National
Foundation on the Arts and the Humanities, National Endowment for the
Arts, Grants and Administration'' shall be $155,000,000.
Sec. 1758. Notwithstanding section 1101, the level for ``National
Foundation on the Arts and the Humanities, National Endowment for the
Humanities, Grants and Administration'' shall be $155,000,000:
Provided, That the amounts included under such heading in division A of
Public Law 111-88 shall be applied to funds appropriated by this
division by substituting ``$140,700,000'' for ``$153,200,000''.
Sec. 1759. Notwithstanding section 1101, the level for
``Commission of Fine Arts, National Capital Arts and Cultural Affairs''
shall be $3,000,000.
Sec. 1760. Notwithstanding section 1101, the level for ``Presidio
Trust, Presidio Trust Fund'' shall be $15,000,000.
Sec. 1761. Notwithstanding section 1101, the level for ``Dwight D.
Eisenhower Memorial Commission, Salaries and Expenses'' shall be $0.
Sec. 1762. Notwithstanding section 1101, the level for ``Dwight D.
Eisenhower Memorial Commission, Capital Construction'' shall be $0.
Sec. 1763. Section 409 of division A of Public Law 111-88 (123
Stat. 2957) is amended by striking ``and 111-8'' and inserting ``111-8,
and 111-88'', and by striking ``2009'' and inserting ``2010''.
Sec. 1764. Notwithstanding section 1101, the level for section 415
of division A of Public Law 111-88 shall be $0.
Sec. 1765. Section 423 of division A of Public Law 111-88 (123
Stat. 2961), concerning the distribution of geothermal energy receipts,
shall have no force or effect and the distribution formula contained in
section 3003(a) of Public Law 111-212 (124 Stat. 2338) shall apply for
fiscal year 2011.
Sec. 1766. Section 433 of division A of Public Law 111-88 (123
Stat. 2965) is amended by striking ``2010'' and ``2009'' and inserting
``2011'' and ``2010'', respectively.
Sec. 1767. Section 7 of Public Law 99-647, as amended by section
702(d) of Public Law 109-338, is further amended by striking ``5
years'' and inserting ``6 years''.
Sec. 1768. Not later than 30 days after the date of enactment of
this division, each of the following departments and agencies shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending, expenditure, or operating
plan for fiscal year 2011 at a level of detail below the account level:
(1) Department of the Interior.
(2) Environmental Protection Agency.
(3) Department of Agriculture, Forest Service.
(4) Department of Health and Human Services, Indian Health
Service.
(5) Smithsonian Institution.
(6) National Endowment for the Arts.
(7) National Endowment for the Humanities.
Sec. 1769. For the fiscal year ending September 30, 2011, none of
the funds made available by this division or any other Act may be used
to implement, administer, or enforce Secretarial Order No. 3310 issued
by the Secretary of the Interior on December 22, 2010.
TITLE VIII--LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
Sec. 1801. (a) Notwithstanding section 1101, the level for
``Department of Labor, Employment and Training Administration, Training
and Employment Services'' shall be $1,575,648,000 plus reimbursements,
of which--
(1) $543,079,000 shall be available for obligation for the
period July 1, 2011, through June 30, 2012, of which
$59,040,000 shall be available for adult employment and
training activities, $203,840,000 shall be available for
dislocated worker employment and training activities,
$24,160,000 shall be available for the dislocated worker
assistance national reserve, $10,000,000 shall be available for
pilots, demonstrations, and research activities of which no
funds shall be available for Transitional Jobs activities, and
$85,561,000 shall be available for reintegration of ex-
offenders of which no funds shall be available for Transitional
Jobs activities: Provided, That the amounts included for
national activities under such heading in division D of Public
Law 111-117 shall be applied to funds appropriated by this
division by substituting ``$0'' for ``$48,889,000'';
(2) $907,569,000 shall be available for obligation for the
period April 1, 2011, through June 30, 2012, including
$827,569,000 for youth activities and $80,000,000 for
YouthBuild;
(3) $125,000,000 shall remain available until September 30,
2012, and shall be available to the Secretary of Labor for the
Workforce Innovation Fund, as established by this division to
carry out projects that demonstrate innovative strategies or
replicate effective evidence-based strategies that align and
strengthen the workforce investment system in order to improve
program delivery and education and employment outcomes for
program beneficiaries: Provided, That amounts shall be
available for awards to States or State agencies that are
eligible for assistance under any program authorized under the
Workforce Investment Act of 1998 (``WIA''), consortia of
States, or partnerships, including regional partnerships:
Provided further, That notwithstanding section 128(a)(1) of the
WIA, the amount available to the Governor for statewide
activities shall not exceed 5 percent of the amount allotted to
the State from the appropriation under this subparagraph;
(4) no funds shall be available for the Green Jobs
Innovation Fund; and
(5) no funds shall be available for the Career Pathways
Innovation Fund.
(b) Of the funds made available in division D of Public Law 111-117
for the Career Pathways Innovation Fund, $125,000,000 is rescinded.
Sec. 1802. Of the funds made available by section 1101 of this
division for ``Department of Labor, Departmental Management, Office of
Job Corps'' for construction, rehabilitation, and acquisition of Job
Corps centers, the Secretary of Labor may transfer up to 25 percent to
meet the operational needs of Job Corps centers: Provided, That no
funds shall be available to initiate a competition for any new Job
Corps center not previously approved through a competitive selection
process by the Secretary of Labor: Provided further, That of the
unobligated balances of the funds made available for ``Department of
Labor, Departmental Management, Office of Job Corps'', $75,000,000 is
rescinded.
Sec. 1803. Notwithstanding section 1101, the level for
``Department of Labor, Employment and Training Administration,
Community Service Employment for Older Americans'' shall be
$450,000,000, and for purposes of funds appropriated by this division,
the amounts under such heading in division D of Public Law 111-117
shall be applied by substituting ``$0'' for ``$225,000,000'', and the
first and second provisos under such heading in such division shall not
apply.
Sec. 1804. Notwithstanding section 1101, the level which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund for administrative expenses of ``Department of
Labor, Employment and Training Administration, State Unemployment
Insurance and Employment Service Operations'' shall be $4,024,490,000
(which includes all amounts available to conduct in-person reemployment
and eligibility assessments and unemployment insurance improper payment
reviews), of which $3,245,645,000 shall be available for unemployment
compensation State operations, $50,519,000 shall be available for
Federal administration of foreign labor certifications, and $15,129,000
shall be available for grants to States for the administration of such
activities. For purposes of this section, the first proviso under such
heading in division D of Public Law 111-117 shall be applied to funds
appropriated by this division by substituting ``2011'' and
``6,180,000'' for ``2010'' and ``5,059,000'', respectively.
Sec. 1805. Funds appropriated by section 1101 of this division to
the Department of Labor's Employment and Training Administration for
technical assistance services to grantees may be transferred to
``Department of Labor, Employment and Training Administration, Program
Administration'' if it is determined that those services will be more
efficiently performed by Federal staff.
Sec. 1806. Notwithstanding section 1101, the level for
``Department of Labor, Employment Standards Administration, Salaries
and Expenses'' shall be $485,255,000, together with $2,124,000 which
may be expended from the Special Fund in accordance with sections
39(c), 44(d), and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That funds provided in this section may be
allocated among the agencies included in this account and may be
transferred to any other account within the Department of Labor for
program direction and support of the agencies funded in this section.
Sec. 1807. Notwithstanding section 1101, the level for
``Department of Labor, Mine Safety and Health Administration, Salaries
and Expenses'' shall be $363,843,000, of which up to $3,000,000 shall
be available to the Secretary of Labor to be transferred to
``Departmental Management, Salaries and Expenses'' for activities
related to the Department of Labor's caseload before the Federal Mine
Safety and Health Review Commission, and the amounts included under the
heading ``Department of Labor, Mine Safety and Health Administration,
Salaries and Expenses'' in division D of Public Law 111-117 shall be
applied to funds appropriated in this division by substituting ``$0''
for ``$1,450,000'' and by substituting ``$1,350,000'' for
``$1,000,000''.
Sec. 1808. Notwithstanding section 1101, the level for
``Department of Labor, Departmental Management'' shall be $367,827,000,
together with not to exceed $327,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund, and the third proviso under such heading in division D of Public
Law 111-117 shall not apply to funds appropriated in this division:
Provided, That of the funds made available by this section, not less
than $21,332,000 may be used by the Secretary of Labor for the purposes
of program evaluation, initiatives related to the identification and
prevention of worker misclassification, and other worker protection
activities, and may be transferred by the Secretary (in addition to any
other transfer authority available by this division) to other agencies
of the Department subject to a 15-day advance notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 1809. (a) Of the unobligated balances available in
``Department of Labor, Working Capital Fund'', $3,900,000 is rescinded,
to be derived solely from amounts available in the Investment in
Reinvention Fund (other than amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985).
(b) The language under the ``Working Capital Fund'' heading in
Public Law 85-67, as amended, is further amended by striking ``Provided
further, That within the Working Capital Fund,'' through and including
``, to be available without further appropriation action:''.
Sec. 1810. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Health Resources and
Services Administration, Health Resources and Services'' shall be
$6,274,790,000 of which (1) not more than $100,000,000 shall be
available until expended for carrying out the provisions of Public Law
104-73 and for expenses incurred by the Department of Health and Human
Services pertaining to administrative claims made under such law; (2)
$300,000,000 shall be for the program under title X of the Public
Health Service Act (``PHS Act'') to provide for voluntary family
planning projects; (3) not less than $1,982,865,000 shall remain
available through September 30, 2013 for parts A and B of title XXVI of
the PHS Act, of which not less than $885,000,000 shall be for State
AIDS Drug Assistance Programs under the authority of section 2616 or
311(c) of such Act; and (4) no funds are provided for section 340G-1 of
the PHS Act.
(b) The sixteenth, eighteenth, nineteenth, twenty-second, and
twenty-fifth provisos under the heading ``Department of Health and
Human Services, Health Resources and Services Administration, Health
Resources and Services'' in division D of Public Law 111- 117 shall not
apply to funds appropriated by this division.
(c) Sections 747(c)(2), and 751(j)(2) of the PHS Act, and the
proportional funding amounts in paragraphs (1) through (4) of section
756(e) of such Act shall not apply to funds made available by this
division for ``Department of Health and Human Services, Health
Resources and Services Administration, Health Resources and Services''.
(d) For any program operating under section 751 of the PHS Act on
or before January 1, 2009, the Secretary of Health and Human Services
may waive any of the requirements contained in sections 751(d)(2)(A)
and 751(d)(2)(B) of such Act.
(e) For purposes of this section, section 10503(d) of Public Law
111-148 shall be applied as if ``, over the fiscal year 2008 level,''
were stricken from such section.
Sec. 1811. (a) Notwithstanding section 1101, the level for the
first undesignated paragraph under the heading ``Department of Health
and Human Services, Centers for Disease Control and Prevention, Disease
Control, Research, and Training'' in division D of Public Law 111-117
shall be $5,660,291,000, of which $523,533,000 shall remain available
until expended for the Strategic National Stockpile under section 319F-
2 of the PHS Act.
(b) The matter included before the first proviso under the heading
``Department of Health and Human Services, Centers for Disease Control
and Prevention, Disease Control, Research, and Training'' in division D
of Public Law 111-117 shall be applied to funds appropriated by this
division by substituting ``$0'' for ``$20,620,000'', by substituting
``$22,000,000'' for ``$70,723,000'', and as if ``of which $69,150,000
shall remain available until expended for acquisition of real property,
equipment, construction and renovations of facilities;'' were stricken
from such paragraph.
(c) Paragraphs (1) through (3) of section 2821(b) of the PHS Act
shall not apply to funds made available by this division.
(d) Notwithstanding section 1101, funds appropriated for
``Department of Health and Human Services, Centers for Disease Control
and Prevention, Disease Control, Research, and Training'' shall also be
available to carry out title II of the Immigration and Nationality Act.
(e) Notwithstanding section 1101, funds made available by this
division may be available for acquisition of real property and
necessary repairs of facilities owned, leased, or operated by the
Centers for Disease Control and Prevention: Provided, That such
facilities relate to mine safety research: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified of the amounts to be obligated no less than 15 days
in advance.
Sec. 1812. Notwithstanding section 1101, the level for
``Department of Health and Human Services, National Institutes of
Health, National Institute of Allergy and Infectious Diseases'' shall
be $4,818,275,000, and the requirement under ``National Institute of
Allergy and Infectious Diseases'' in division D of Public Law 111-117
for a transfer from Biodefense Countermeasures funds shall not apply.
Sec. 1813. The amount provided by section 1101 for ``Department of
Health and Human Services, National Institutes of Health'' is reduced
by $210,000,000, through a pro rata reduction in all of the Institutes,
Centers, and Office of the Director accounts within ``Department of
Health and Human Services, National Institutes of Health'' based on the
total funding provided.
Sec. 1814. Notwithstanding section 1101, the level for
``Department of Health and Human Services, National Institutes of
Health, Buildings and Facilities'' shall be $50,000,000.
Sec. 1815. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Substance Abuse and Mental
Health Services Administration, Substance Abuse and Mental Health
Services'' shall be $3,386,311,000, of which (1) not less than
$40,800,000 shall be for the National Child Traumatic Stress
Initiative; and (2) no funds shall be available for the National All
Schedules Prescription Electronic Reporting system.
(b) The amount included before the first proviso under the heading
``Department of Health and Human Services, Substance Abuse and Mental
Health Services Administration, Substance Abuse and Mental Health
Services'' in division D of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$0'' for
``$14,518,000''.
(c) The second proviso under the heading ``Department of Health and
Human Services, Substance Abuse and Mental Health Services
Administration, Substance Abuse and Mental Health Services'' in
division D of Public Law 111-117 shall not apply to funds appropriated
by this division.
Sec. 1816. Notwithstanding section 1101, the amount included under
the heading ``Department of Health and Human Services, Agency for
Healthcare Research and Quality, Healthcare Research and Quality'' in
division D of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``$372,053,000'' for ``$397,053,000''.
Sec. 1817. Notwithstanding section 1101, for payment to the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as provided under sections 217(g), 1844,
and 1860D-16 of the Social Security Act, sections 103(c) and 111(d) of
the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $229,464,000,000.
Sec. 1818. (a) Notwithstanding section 1101, the level for amounts
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund for ``Department of
Health and Human Services, Centers for Medicare and Medicaid Services,
Program Management'' shall be $3,470,242,000, of which the level for
the Research, Demonstration, and Evaluation program shall be
$35,600,000.
(b) The amount under the third proviso under the heading
``Department of Health and Human Services, Centers for Medicare and
Medicaid Services, Program Management'' in division D of Public Law
111-117 shall be applied to funds appropriated by this division by
substituting ``$9,120,000'' for ``$65,600,000''.
(c) The sixth proviso under the heading ``Department of Health and
Human Services, Centers for Medicare and Medicaid Services, Program
Management'' in division D of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1819. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Low Income Home Energy Assistance'' shall be
$4,710,000,000, of which $4,509,672,000 shall be for payments under
subsections (b) and (d) of section 2602 of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621); and of which $200,328,000
shall be for payments under subsection (e) of such Act, to be made
notwithstanding the designation requirements of such subsection.
(b) The second proviso under the heading ``Department of Health and
Human Services, Administration for Children and Families, Low Income
Home Energy Assistance'' in division D of Public Law 111-117 shall not
apply to funds appropriated by this division.
Sec. 1820. Of the unobligated balances available for ``Department
of Health and Human Services, Administration for Children and Families,
Refugee and Entrant Assistance'' from funds appropriated under this
heading in fiscal year 2010 and prior fiscal years, $25,000,000 is
rescinded.
Sec. 1821. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Payments to States for the Child Care and Development
Block Grant'' shall be $2,227,081,000.
(b) The amount included in the first proviso under the heading
``Department of Health and Human Services, Administration for Children
and Families, Payments to States for the Child Care and Development
Block Grant'' in division D of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$0'' for
``$1,000,000''.
(c) The amounts included in the second proviso under the heading
``Department of Health and Human Services, Administration for Children
and Families, Payments to States for the Child Care and Development
Block Grant'' in division D of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$284,160,000''
for ``$271,401,000'', and by substituting ``$104,213,000'' for
``$99,534,000''.
Sec. 1822. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Children and Families Services Programs'' shall be
$9,538,433,000, of which (1) $7,574,783,000 shall be for making
payments under the Head Start Act; and (2) $703,000,000 shall be for
making payments under the Community Services Block Grant (``CSBG'')
Act, of which $23,350,000 shall be for sections 680 and 678E(b)(2), of
which $18,000,000 shall be for section 680(a)(2), and not less than
$5,000,000 shall be for section 680(a)(3)(B) of the CSBG Act.
(b) For purposes of allocating such funds under the Head Start Act,
the term ``base grant'' as used in subsection (a)(7)(A) of section 640
of such Act with respect to funding provided to a Head Start agency
(including each Early Head Start agency) for fiscal year 2010 shall be
deemed to include 50 percent of the funds appropriated under
``Department of Health and Human Services, Administration for Children
and Families, Children and Families Services Programs'' in Public Law
111-5 provided to such agency for carrying out expansion of Head Start
programs, as that phrase is used in subsection (a)(4)(D) of such
section 640, and provided to such agency as the ongoing funding level
for operations in the 12 month budget period beginning in fiscal year
2010.
(c) The fourteenth and fifteenth provisos under the heading
``Department of Health and Human Services, Administration for Children
and Families, Children and Families Services Programs'' in division D
of Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1823. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration on Aging,
Aging Services Programs'' shall be $1,500,323,000, of which
$440,783,000 shall be for congregate nutrition, $217,676,000 shall be
for home-delivered nutrition, and $27,708,000 shall be for Native
American nutrition: Provided, That the total amount available for
fiscal year 2011 under this and any other Act to carry out activities
related to Aging and Disability Resource Centers under subsections
(a)(20)(B)(iii) and (b)(8) of section 202 of the Older Americans Act
shall not exceed the amount obligated for such purposes for fiscal year
2010 from funds available under Public Law 111-117.
(b) The first proviso under the heading ``Department of Health and
Human Services, Administration on Aging, Aging Services Programs'' in
division D of Public Law 111-117 shall not apply to funds appropriated
by this division.
(c) None of the funds appropriated by this division for
``Department of Health and Human Services, Administration on Aging,
Aging Services Programs'' shall be used to carry out sections 1701 and
1703 of the PHS Act (with respect to chronic disease self-management
activity grants), except that such funds may be used for necessary
expenses associated with administering any such grants awarded prior to
the date of the enactment of this division.
Sec. 1824. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the Secretary,
General Departmental Management'' from the General Fund shall be
$651,786,000: Provided, That amounts included under such heading in
division D of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``$0'' for ``$5,789,000'': Provided
further, That the second and seventh provisos under such heading in
division D of Public Law 111-117 shall not apply to funds appropriated
by this division: Provided further, That none of the funds made
available in this division shall be for carrying out activities
specified under section 2003(b)(2) or (3) of the PHS Act: Provided
further, That of the amount included under the heading ``Department of
Health and Human Services, Office of the Secretary, General
Departmental Management'' up to $175,905,000 may be transferred to
other appropriation accounts within the Department of Health and Human
Services to carry out the Secretary's responsibilities: Provided
further, That amounts included under such heading in division D of
Public Law 111-117 shall be applied to funds appropriated by this
division by substituting in the third proviso ``$105,000,000'' for
``$110,000,000''.
Sec. 1825. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the Secretary,
Public Health and Social Services Emergency Fund'' shall be
$676,180,000, of which $65,578,000 shall be for expenses necessary to
prepare for and respond to an influenza pandemic, none of which shall
be available past September 30, 2011, and $35,000,000, to remain
available until expended, shall be for expenses necessary for fit-out
and other costs related to a competitive lease procurement to renovate
or replace the existing headquarters building for Public Health Service
agencies and other components of the Department of Health and Human
Services: Provided, That in addition, $415,000,000 of the funds
transferred to the account under the heading ``Department of Health and
Human Services, Office of the Secretary, Public Health and Social
Services Emergency Fund'' in Public Law 111-117 under the fourth
paragraph under such heading may be used to support advanced research
and development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided further, That the first proviso in the
first paragraph under such heading in division D of Public Law 111-117
and the language in such paragraph designating $10,000,000 to support
delivery of medical countermeasures shall not apply to funds provided
in this section: Provided further, That the fourth paragraph under such
heading shall not apply to funds appropriated by this division.
(b) Of the amounts provided under the heading ``Department of
Health and Human Services, Office of the Secretary, Public Health and
Social Services Emergency Fund'' in Public Laws 111-8 and 111-117 and
available for expenses necessary to prepare for and respond to an
influenza pandemic, $170,000,000 may also be used--
(1) to plan, conduct, and support research to advance
regulatory science to improve the ability to determine safety,
effectiveness, quality, and performance of medical
countermeasure products against chemical, biological,
radiological, and nuclear agents including influenza virus; and
(2) to analyze, conduct, and improve regulatory review and
compliance processes for such products.
Sec. 1826. Of the funds made available for ``Department of Health
and Human Services, Office of the Secretary, Public Health and Social
Services Emergency Fund'' in Public Law 111-32, $1,259,000,000 is
rescinded, to be derived only from those amounts which have not yet
been designated by the President as emergency funds.
Sec. 1827. Hereafter, no funds appropriated by this division or by
any previous or subsequent Act shall be subject to the allocation
requirements of section 1707A(e) of the PHS Act.
Sec. 1828. Hereafter, no funds appropriated by this division or by
any previous or subsequent Act shall be available for transfer under
section 274 of the PHS Act.
Sec. 1829. (a) Notwithstanding section 1101, the level for
``Department of Education, Education for the Disadvantaged'' shall be
$4,725,891,000, of which $4,628,056,000 shall become available on July
1, 2011, and remain available through September 30, 2012 for academic
year 2011-2012: Provided, That not more than $8,167,000 shall be
available to carry out sections 1501 and 1503 of the Elementary and
Secondary Education Act of 1965 (``ESEA'').
(b) The seventh proviso under the heading ``Department of
Education, Education for the Disadvantaged'' in division D of Public
Law 111-117 shall be applied by substituting ``$535,633,000'' for
``$545,633,000'' and the tenth, eleventh and twelfth provisos shall not
apply to funds appropriated by this division.
Sec. 1830. For purposes of this division, the proviso under the
heading ``Department of Education, Impact Aid'' in division D of Public
Law 111-117 shall be applied by substituting ``2010-2011'' for ``2009-
2010''.
Sec. 1831. (a) Notwithstanding section 1101, the level for
``Department of Education, School Improvement Programs'' shall be
$2,924,791,000, of which $2,754,244,000 shall become available on July
1, 2011, and remain available through September 30, 2012 for academic
year 2011-2012: Provided, That of the amounts available for such
heading: (1) no funds shall be available for activities authorized
under part D of title II of the ESEA, or subpart 6 of part D of title V
of the ESEA, or part Z of title VIII of the Higher Education Act of
1965; (2) $26,928,000 shall be available to carry out part D of title V
of the ESEA; (3) for purposes of this section, up to $11,500,000 shall
be available for activities described in the twelfth proviso under such
heading in division D of Public Law 111-117; (4) $380,732,000 shall be
for State assessments authorized under section 6111 of the ESEA and
$10,000,000 shall be for enhanced assessment instruments authorized
under section 6112 of the ESEA; and (5) up to 1 percent of the funds
for subpart 1 of part A of Title II of the ESEA shall be reserved by
the Secretary of Education for competitive awards for teacher training
or professional enhancement activities to national not-for-profit
organizations.
(b) The seventh proviso shall be applied by substituting
``$51,313,000'' for ``$56,313,000'' and the second, third, fifth,
sixth, eighth and thirteenth provisos under the heading ``Department of
Education, School Improvement Programs'' in division D of Public Law
111-117 shall not apply to funds appropriated by this division.
Sec. 1832. (a) Notwithstanding section 1101, the level for
``Department of Education, Innovation and Improvement'' shall be
$1,859,899,000, of which--
(1) $850,000,000 shall become available on the date of enactment of
this division, and remain available through December 31, 2011,
$440,982,000 shall be available to carry out part D of title V of the
ESEA, and no funds shall be available for activities authorized under
section 2151(c) of the ESEA, section 1504 of the ESEA, or part F of
title VIII of the Higher Education Act of 1965; and
(2) not more than $150,000,000 may be used to make awards under
section 14007 of division A of Public Law 111-5 and not more than
$700,000,000 may be used to make awards to States under section 14006
of division A of Public Law 111-5, as amended by subsection (b) of this
section: Provided, That none of such funds shall be made available
prior to the submission of a detailed spending plan outlining the
proposed competitions and priorities to the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That awards may be made on the basis of previously submitted
applications: Provided further, That the Secretary of Education shall
administer grants for improving early childhood care and education
jointly with the Secretary of Health and Human Services on such terms
as such Secretaries set forth in an interagency agreement: Provided
further, That the Secretary of Education shall be responsible for
obligating and disbursing funds and ensuring compliance with applicable
laws and administrative requirements with regard to such awards:
Provided further, That the Secretary shall provide, on a timely and
periodic basis, the findings from evaluations, including impact
evaluations and interim progress evaluations, of activities conducted
using funds previously obligated under sections 14006 and 14007 of
division A of Public Law 111-5, including Race to the Top and the
Investing in Innovation Fund, to the Committees on Appropriations of
the House of Representatives and the Senate.
(b) Division A of Public Law 111-5, as amended, is further
amended--
(1) in section 14005(d), by adding at the end the following:
``(6) Improving early childhood care and education.--The
State will take actions to--
``(A) increase the number and percentage of low-
income and disadvantaged children in each age group of
infants, toddlers, and pre-schoolers who are enrolled
in high-quality early learning programs;
``(B) design and implement an integrated system of
high-quality early learning programs and services; and
``(C) ensure that any use of assessments conforms
with the recommendations of the National Research
Council's reports on early childhood.''; and
(2) in section 14006--
(A) in subsection (b), by striking ``and (5)'' and
inserting ``(5), or (6)''; and
(B) in subsection (c)(2), by inserting before the period
``, or to a State or States for improving early childhood care
and education''.
(c) The first, third, fourth, seventeenth and eighteenth provisos
under the heading ``Department of Education, Innovation and
Improvement'' in division D of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1833. (a) Notwithstanding section 1101, the level for
``Department of Education, Safe Schools and Citizenship Education''
shall be $289,043,000, of which, notwithstanding section 2343(b) of the
ESEA, $1,157,000 is for the continuation costs of awards made on a
competitive basis under section 2345 of the ESEA, $161,500,000 shall be
available to carry out part D of title V, and $126,386,000 shall be for
subpart 2 of part A of title IV of the ESEA : Provided, That
$30,000,000 shall be available for Promise Neighborhoods and be
available through December 31, 2011.
(b) The first, second, and third provisos under the heading
``Department of Education, Safe Schools and Citizenship Education'' in
division D of Public Law 111-117 shall not apply to funds appropriated
by this division.
Sec. 1834. Notwithstanding section 1101, the level for
``Department of Education, English Language Acquisition'' shall be
$735,000,000.
Sec. 1835. (a) Notwithstanding section 1101, the level for
``Department of Education, Special Education'' shall be $3,975,665,000,
of which $3,726,354,000 shall become available on July 1, 2011, and
remain available through September 30, 2012 for academic year 2011-
2012.
(b) The first and second provisos under the heading ``Department of
Education, Special Education'' in division D of Public Law 111-117
shall not apply to funds appropriated by this division.
(c) The third proviso under such heading shall be applied by
substituting ``2010'' for ``2009''.
Sec. 1836. (a) Notwithstanding section 1101, the level for
``Department of Education, Rehabilitation Services and Disability
Research'' shall be $3,475,500,000.
(b) The second proviso under the heading ``Department of Education,
Rehabilitation Services and Disability Research'' in division D of
Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1837. Notwithstanding section 1101, the level for
``Department of Education, Special Institutions for Persons with
Disabilities, National Technical Institute for the Deaf'' shall be
$65,677,000, of which $240,000 shall be available for construction.
Sec. 1838. (a) Notwithstanding section 1101, the level for
``Department of Education, Career, Technical, and Adult Education''
shall be $951,432,000 which shall become available on July 1, 2011, and
remain available through September 30, 2012 for academic year 2011-
2012: Provided, That of the amounts available for such heading, no
funds shall be available for activities authorized under subpart 4 of
part D of title V of the ESEA, or part D of title VIII of the Higher
Education Amendments of 1998.
(b) The first, second, third, seventh and eighth provisos under the
heading ``Department of Education, Career, Technical, and Adult
Education'' in division D of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1839. (a) Notwithstanding section 1101, the level for
``Department of Education, Student Financial Assistance'' shall be
$24,719,957,000, of which $23,002,000,000 shall be available to carry
out subpart 1 of part A of title IV of the Higher Education Act of 1965
and no funds shall be available for activities authorized under subpart
4 of part A of title IV of the Higher Education Act of 1965.
(b) The maximum Pell grant for which a student shall be eligible
during award year 2011-2012 shall be $4,860.
Sec. 1840. Of the unobligated balances of funds made available in
subparagraphs (A) through (E) of section 401A(e)(1) of the Higher
Education Act of 1965, $560,000,000 is rescinded.
Sec. 1841. Notwithstanding sections 1101 and 1103, the level for
``Department of Education, Student Aid Administration'' shall be
$994,000,000, which shall remain available through September 30, 2012.
Sec. 1842. (a) Notwithstanding section 1101, the level for
``Department of Education, Higher Education'' shall be $1,907,760,000,
of which no funds shall be available for activities authorized under
section 428L of part B of title IV of the Higher Education Act of 1965
(``HEA''), subpart 6 of part A of title IV of the HEA, subpart 1 of
part D of title VII of the HEA, subpart 3 of part A of title VII of the
HEA, section 1543 of the Higher Education Amendments of 1992, part H of
title VIII of the Higher Education Amendments of 1998, or part I of
subtitle A of title VI of the America COMPETES Act: Provided, That the
first proviso under the heading ``Department of Education, Higher
Education'' in division D of Public Law 111-117 shall be replaced by
the following: ``Provided, That $8,100,000, to remain available through
September 30, 2012, shall be available to fund fellowships for academic
year 2012-2013 under subpart 1 of part A of title VII of the Higher
Education Act, under the terms and conditions of such subpart 1'':
Provided further, That the last proviso under such heading in division
D of Public Law 111-117 shall not apply to funds appropriated by this
division, except that $1,000,000 shall be available for competitive
grants under section 872 of the HEA.
(b) The seventh, eighth, ninth, tenth, eleventh, twelfth, and
thirteenth provisos under the heading ``Department of Education, Higher
Education'' in division D of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1843. Notwithstanding section 1101, the level for
``Department of Education, Historically Black College and University
Capital Financing Program Account'' shall be $20,582,000: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $279,393,000.
Sec. 1844. (a) Notwithstanding section 1101, the level for
``Department of Education, Institute of Education Sciences'' shall be
$610,006,000 and shall remain available through September 30, 2012.
(b) Notwithstanding subsections (d) and (e) of section 174 of the
Education Sciences Reform Act of 2002, up to $57,650,000 may be used to
extend any contracts to administer the Regional Educational
Laboratories that were in effect on, or entered into, after January 1,
2011, for a period of not more than 12 months.
Sec. 1845. Notwithstanding section 1101, the level for
``Corporation for National and Community Service, Operating Expenses''
shall be $782,374,000, of which $307,374,000 shall be to carry out the
Domestic Volunteer Service Act of 1973 and $475,000,000 shall be to
carry out the National and Community Service Act of 1990 and
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act.
Sec. 1846. Notwithstanding section 1101, the level for
``Corporation for National and Community Service, National Service
Trust'' shall be $199,659,000.
Sec. 1847. The amounts included under the heading ``Corporation
for Public Broadcasting'' in division D of Public Law 111-117 shall be
applied to funds appropriated by this division as follows: by
substituting ``$6,000,000'' for ``$86,000,000''; by substituting ``$0''
for ``$25,000,000''; by substituting ``$6,000,000'' for
``$36,000,000''; and by substituting ``$0'' for ``$25,000,000''.
Sec. 1848. Notwithstanding section 1101, the level for ``Institute
of Museum and Library Services, Office of Museum and Library Services:
Grants and Administration'' shall be $237,869,000: Provided, That the
amounts included under such heading in division D of Public Law 111-117
shall be applied to funds appropriated by this division by substituting
``$0'' for ``$16,382,000''.
Sec. 1849. Notwithstanding section 1101, the level for ``Medicare
Payment Advisory Commission, Salaries and Expenses'' shall be
$12,450,000.
Sec. 1850. Notwithstanding section 1101, the level for ``Railroad
Retirement Board, Dual Benefits Payments Account'' shall be
$57,000,000.
Sec. 1851. Notwithstanding section 1101, the level for ``Social
Security Administration, Payments to Social Security Trust Funds''
shall be $21,404,000, and in addition such funds may be used to carry
out section 217(g) of the Social Security Act.
Sec. 1852. Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration,
Supplemental Security Income Program'' in division D of Public Law 111-
117 shall be $39,983,273,000, of which $3,493,273,000 shall be for
administrative expenses.
Sec. 1853. Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration,
Limitation on Administrative Expenses'' in division D of Public Law
111-117 shall be $10,775,500,000. In addition, the amount included in
the fourth paragraph under such heading in division D of Public Law
111-117 shall be applied to funds appropriated by this division by
substituting ``$186,000,000'' for ``$160,000,000'' each place it
appears.
Sec. 1854. Of the funds appropriated for ``Social Security
Administration, Limitation on Administrative Expenses'' for fiscal
years 2010 and prior years and available without fiscal year limitation
(other than funds appropriated in Public Law 111-5) for investment in
information technology and telecommunications hardware and software
infrastructure, $75,000,000 is rescinded.
Sec. 1855. All funds transferred under the authority of section
4002 of Public Law 111-148 shall be subject to the terms and conditions
of section 503 of division D of Public Law 111-117.
gao reports and audits on ppaca implementation and comparative
effectiveness research funding and medicare actuarial analysis of
impact of certain ppaca insurance changes on premiums
Sec. 1856. (a) GAO Report on Ppaca Implementation.--Not later than
90 days after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report on the
costs and processes of implementing PPACA. Such report shall include
the following (as of the date of preparation of the report):
(1) A list of the contracts, including the name of the
contractors, their general areas of expertise, and the amount
of money expended on each such contract, entered into by the
Department of Health and Human Services and other Federal
departments and agencies to provide services related to
authority under PPACA that was not previously authorized.
(2) A list of any firms hired by such a Department or
agency to facilitate contracting with such contractors.
(3) A list of consultants who have been hired by such a
Department or agency to assist in implementing PPACA, including
their areas of expertise and the total cost for such
consultants.
(b) Gao Audit of Annual Limit Waiver Requests.--Not later than 60
days after the date of the enactment of this Act, the Comptroller
General shall submit to Congress a report that includes the results of
an audit of requests for administrative waiver of the annual limit
requirements of section 2711(a) of the Public Health Service Act (as
inserted by section 1001(5) of the Patient Protection and Affordable
Care Act). Such report shall include an analysis of the number of
approvals and denials of such requests and the reasons for such
approval or denial.
(c) Medicare Actuarial Analysis of Projected Premium Impacts of
Applying Certain Requirements.--Not later than 90 days after the date
of the enactment of this Act, the Chief Actuary of the Centers for
Medicare & Medicaid Services shall submit to Congress a report that
contains an estimate of the impact of the guaranteed issue, guaranteed
renewal, and community rating requirements under sections 2701 through
2703 of the Public Health Service Act, as inserted by section 1201 of
the Patient Protection and Affordable Care Act, on premiums for
individuals and families with employer-sponsored health insurance. Such
estimate shall cover the 10-year period beginning with 2014 and shall
include an estimate of the number of such individuals and families who
will experience a premium increase as a result of such requirements and
the number of such individuals and families who will experience a
premium decrease as a result of such requirements.
(d) GAO Audit of Comparative Effectiveness Research Funding.--Not
later than 60 days after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report that includes the
results of an audit of expenditures made for comparative effectiveness
research through funds provided to the Agency for Healthcare Research
and Quality, the National Institutes of Health, or any other agency
within the Department of Health and Human Services under title VIII of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)
or under PPACA. Such report shall include a description of the
expenditures made, the entities who received such funding, and the
purpose of the funding.
(e) Ppaca Defined.--In this section, the term ``PPACA'' means the
Patient Protection and Affordable Care Act (Public Law 111-148) and
includes the amendments made by such Act, title I and subtitle B of
title II of the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), and the amendments made by such title and
subtitle.
Sec. 1857. Of the funds made available for the Consumer Operated
and Oriented Plan Program under Section 1322(g) of the Patient
Protection and Affordable Care Act, $2,200,000,000 are hereby
permanently cancelled.
free choice vouchers
Sec. 1858. (a) In General.--Subsections (a), (b), (c), (d), and
(e) of section 10108 of the Patient Protection and Affordable Care Act
are repealed.
(b) Conforming Changes to Tax Code.--
(1) Section 36B(c)(2) of the Internal Revenue Code of 1986
is amended by striking subparagraph (D).
(2)(A) Section 139D, as added by section 10108 of PPACA, of
such Code is repealed.
(B) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 139D, as added by section 10108 of PPACA.
(3) Section 162(a) of such Code is amended by striking the
last sentence.
(4) Section 4980H(b) of such Code is amended by striking
paragraph (3).
(5) Section 6056 of such Code is amended--
(A) by striking ``and every offering employer'' in
subsection (a),
(B) in subsection (b)(2)(C)--
(i) by striking ``in the case of an
applicable large employer,'' in clause (i),
(ii) by inserting ``and'' at the end of
clause (iii),
(iii) by striking ``and'' at the end of
clause (iv), and
(iv) by striking clause (v),
(C) by striking ``or offering employer'' in
subsections (d)(2) and (e), and
(D) by amending subsection (f) to read as follows:
``(f) Definitions.--For purposes of this section, any term used in
this section which is also used in section 4980H shall have the meaning
given such term by section 4980H.''.
(c) Other Conforming Change.--Section 18B(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 218B) is amended by striking ``and the
employer does not offer a free choice voucher''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of, and the amendments made by,
the provisions of the Patient Protection and Affordable Care Act to
which they relate.
Sec. 1859. Of the funds made available for performance bonus
payments under section 2105(a)(3)(E) of the Social Security Act,
$3,500,000,000 are hereby permanently cancelled.
Sec. 1860. (a) Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) is amended--
(1) in paragraph (2)(A)(ii), by striking ``paragraph
(8)(B)'' and inserting ``paragraph (7)(B)'';
(2) by striking paragraph (5);
(3) in paragraph (8)--
(A) in subparagraph (A), by amending clause (iv) to
read as follows:
``(iv) to carry out this section--
``(I) $13,500,000,000 for fiscal
year 2011;
``(II) $3,183,000,000 for fiscal
year 2012;
``(III) $0 for fiscal year 2013;
``(IV) $0 for fiscal year 2014;
``(V) $0 for fiscal year 2015;
``(VI) $0 for fiscal year 2016;
``(VII) $1,060,000,000 for fiscal
year 2017;
``(VIII) $1,125,000,000 for fiscal
year 2018;
``(IX) $1,125,000,000 for fiscal
year 2019;
``(X) $1,140,000,000 for fiscal
year 2020; and
``(XI) $1,145,000,000 for fiscal
year 2021 and each succeeding fiscal
year.''; and
(B) in subparagraph (C)--
(i) in clause (i)(I), by striking ``clause
(v)(II)'' and inserting ``clause (iv)(II)'';
and
(ii) in clause (ii)(I), by striking
``clause (v)(II)'' and inserting ``clause
(iv)(II)''; and
(4) by redesignating paragraphs (6), (7), and (8) as
paragraphs (5), (6), and (7), respectively.
(b) The amendment made by subsection (a)(2) shall be effective with
respect to the 2011-2012 award year and succeeding award years.
(c) Sections 482(c) and 492 of the Higher Education Act of 1965 (20
U.S.C. 1089(c), 1098a) shall not apply to the amendments made by
subsection (a)(2), or to any regulations promulgated under those
amendments.
(d) The requirements of 34 C.F.R. 690.64(b) shall not apply with
respect to 2011 cross-over payment periods.
Sec. 1861. Section 101 of Public Law 111-226 (124 Stat. 2389) is
amended by striking paragraph (11).
Sec. 1862. Of the unobligated balances of funds made available in
section 458(a)(7)(B) of the Higher Education Act of 1965, $31,000,000
is rescinded.
Sec. 1863. Within 30 days of the enactment of this division, each
of the departments and related agencies funded in this title shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending, expenditure, or operating
plan for fiscal year 2011 at a level of detail below the account level.
TITLE IX--LEGISLATIVE BRANCH
Sec. 1901. Notwithstanding section 1101, the level for each of the
following accounts of the Senate shall be as follows: ``Salaries,
Officers and Employees'', $185,982,000; ``Salaries, Officers and
Employees, Office of the Sergeant at Arms and Doorkeeper'',
$77,000,000; ``Contingent Expenses of the Senate, Secretary of the
Senate'', $6,200,000, of which $4,200,000 shall remain available until
September 30, 2015; and ``Contingent Expenses of the Senate, Sergeant
at Arms and Doorkeeper of the Senate'', $142,401,000.
Sec. 1902. Notwithstanding section 1101, the level for each of the
following accounts of the Senate under the heading ``Contingent
Expenses of the Senate'' shall be as follows: ``Miscellaneous Items'',
$21,145,000; ``Senators' Official Personnel and Office Expense
Account'', $410,000,000: Provided, That each Senator's official
personnel and office expense allowance (including the allowance for
administrative and clerical assistance, the salaries allowance for
legislative assistance to Senators, as authorized by the Legislative
Branch Appropriation Act, 1978 (Public Law 95-94), and the office
expense allowance for each Senator's office for each State) in effect
immediately before the date of enactment of this section shall be
reduced by 5 percent.
Sec. 1903. Of the unobligated amounts appropriated for fiscal year
2009 under the heading ``Senate'', $33,500,000 are rescinded.
Sec. 1904. Section 8 of the Legislative Branch Appropriations Act,
1990 (31 U.S.C. 1535 note) is amended by striking paragraph (3) and
inserting the following:
``(3) Agreement under paragraph (1) shall be in accordance
with regulations prescribed by the Committee on Rules and
Administration of the Senate.''.
Sec. 1905. Notwithstanding section 1101, the level for ``House of
Representatives, Salaries and Expenses'' shall be $1,314,025,000.
Sec. 1906. Notwithstanding section 1101, the level for ``House of
Representatives, House Leadership Offices'' shall be $24,861,969, and
the levels under that heading shall be as follows:
(1) For the Office of the Speaker, $4,877,851.
(2) For the Office of the Majority Floor Leader,
$2,432,808.
(3) For the Office of the Minority Floor Leader,
$4,378,238.
(4) For the Office of the Majority Whip, $2,105,373.
(5) For the Office of the Minority Whip, $1,628,873.
(6) For the Speaker's Office for Legislative Floor
Activities, $497,619.
(7) For the Republican Steering Committee, $940,674.
(8) For the Republican Conference, $1,679,970.
(9) For the Republican Policy Committee, $344,485.
(10) For the Democratic Steering and Policy Committee,
$1,319,273.
(11) For the Democratic Caucus, $1,659,696.
(12) For nine minority employees, $1,487,455.
(13) For the training and program development--majority,
$277,807.
(14) For the training and program development--minority,
$277,439.
(15) For Cloakroom Personnel--majority, $477,469.
(16) For Cloakroom Personnel--minority, $476,939.
Sec. 1907. Notwithstanding section 1101, the level for ``House of
Representatives, Members' Representational Allowances'' shall be
$613,052,000.
Sec. 1908. Notwithstanding section 1101, the level for ``House of
Representatives, Committee Employees, Standing Committees, Special and
Select'' shall be $134,549,103, and the period of applicability
referred to in the proviso under that heading shall be December 31,
2012.
Sec. 1909. Notwithstanding section 1101, the level for ``House of
Representatives, Committee on Appropriations'' shall be $28,483,000,
and the period of applicability referred to in the proviso under that
heading shall be December 31, 2012.
Sec. 1910. Notwithstanding section 1101, the level for ``House of
Representatives, Salaries, Officers and Employees'' shall be
$193,326,000, and the level under that heading--
(1) for the Office of the Clerk shall be $28,589,000;
(2) for the Office of the Sergeant at Arms shall be
$9,034,000; and
(3) for the Office of the Chief Administrative Officer
shall be $127,782,000.
Sec. 1911. Notwithstanding section 1101, the level for ``House of
Representatives, Allowances and Expenses'' shall be $319,752,928, and
the level under that heading--
(1) for Government contributions for health, retirement,
Social Security, and other applicable employee benefits shall
be $282,976,856;
(2) for Business Continuity and Disaster Recovery shall be
$22,912,072, of which $5,000,000 shall remain available until
expended; and
(3) for the Wounded Warrior Program shall be $2,000,000.
Sec. 1912. Notwithstanding section 1101, the level for ``Joint
Items, Joint Economic Committee'' shall be $4,499,000.
Sec. 1913. Notwithstanding section 1101, the level for ``Joint
Items, Joint Committee on Taxation'' shall be $10,551,150.
Sec. 1914. Notwithstanding section 1101, the level for ``Office of
the Attending Physician'' shall be $3,407,000, and the level under that
heading for reimbursement to the Department of the Navy for expenses
incurred for staff and equipment shall be $2,426,000.
Sec. 1915. Notwithstanding section 1101, the level for ``Capitol
Police, Salaries'' shall be $277,688,000.
Sec. 1916. Notwithstanding section 1101, the level for ``Office of
Compliance, Salaries and Expenses'' shall be $4,085,150, and the period
of availability referred to under such heading shall be September 30,
2012.
Sec. 1917. Notwithstanding section 1101, the level for
``Congressional Budget Office, Salaries and Expenses'' shall be
$46,865,000.
Sec. 1918. Notwithstanding section 1101, the period of
availability for each item under the heading ``Architect of the
Capitol'' may not extend beyond September 30, 2015.
Sec. 1919. Of the unobligated amounts appropriated from prior year
appropriations under the heading ``Architect of the Capitol'' for the
Capitol Visitor Center project, $14,600,000 are rescinded.
Sec. 1920. Notwithstanding section 1101, the level for ``Library
of Congress, Salaries and Expenses'' shall be $439,000,000, and the
amount applicable under the fifth and seventh provisos under that
heading shall be $0.
Sec. 1921. Notwithstanding section 1101, the level for ``Library
of Congress, Copyright Office, Salaries and Expenses'' shall be
$54,476,000, of which not more than $30,751,000, to remain available
until expended, shall be derived from collections credited to such
appropriation during fiscal year 2011 under section 708(d) of title 17,
United States Code, and the amount applicable under the third proviso
under such heading shall be $36,612,000.
Sec. 1922. Notwithstanding section 1101, the level for ``Library
of Congress, Congressional Research Service, Salaries and Expenses''
shall be $111,240,000.
Sec. 1923. Notwithstanding section 1101, the level for ``Library
of Congress, Books for the Blind and Physically Handicapped, Salaries
and Expenses'' shall be $68,182,000.
Sec. 1924. Notwithstanding section 1101, the level for
``Government Printing Office, Government Printing Office Revolving
Fund'' shall be $1,659,000.
Sec. 1925. Notwithstanding section 1101, the level for
``Government Printing Office, Office of Superintendent of Documents,
Salaries and Expenses'' shall be $39,911,000, and the amounts
authorized for producing and disseminating Congressional serial sets
and other related publications to depository and other designated
libraries shall apply to publications for fiscal years 2009 and 2010.
Sec. 1926. (a) Section 309(c) of the Legislative Branch
Appropriations Act, 1999 (44 U.S.C. 305 note) is amended by striking
paragraph (5).
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of the Legislative Branch Appropriations Act,
1999.
Sec. 1927. Notwithstanding section 1101, the level for
``Government Accountability Office, Salaries and Expenses'' shall be
$547,349,000, the amount applicable under the first proviso under that
heading shall be $9,400,000, the amount applicable under the second
proviso under that heading shall be $3,100,000, and the amount
applicable under the third proviso under that heading shall be
$7,000,000.
Sec. 1928. Notwithstanding section 1101, the level for ``Open
World Leadership Center Trust Fund'' shall be $11,400,000.
TITLE X--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
Sec. 2001. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense for funding, including
incremental funding, of programs, projects and activities authorized in
division B of Public Law 111-383, excluding funds designated by section
1110 of this division, shall be as follows: ``Military Construction,
Army'', $3,787,598,000; ``Military Construction, Navy and Marine
Corps'', $3,303,611,000; ``Military Construction, Air Force'',
$1,106,995,000; ``Military Construction, Defense-Wide'',
$2,873,062,000; ``Military Construction, Army National Guard'',
$873,664,000; ``Military Construction, Air National Guard''',
$194,986,000; ``Military Construction, Army Reserve'', $318,175,000;
``Military Construction, Navy Reserve'', $61,557,000; and ``Military
Construction, Air Force Reserve'', $7,832,000: Provided, That not later
than 30 days after the date of the enactment of this section, the
Secretary of Defense shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a spending plan for
fiscal year 2011 at a level of detail below the account level.
Sec. 2002. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense shall be as follows:
``Family Housing Construction, Army'', $92,369,000; ``Family Housing
Construction, Navy and Marine Corps'', $186,444,000; ``Family Housing
Construction, Air Force'', $78,025,000; ``Family Housing Construction,
Defense-Wide'', $0; and ``Family Housing Improvement Fund'',
$1,096,000.
Sec. 2003. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense shall be as follows:
``North Atlantic Treaty Organization Security Investment Program'',
$258,884,000; ``Homeowners Assistance Fund'', $16,515,000; ``Chemical
Demilitarization Construction, Defense-Wide'', $124,971,000;
``Department of Defense Base Closure Account 1990'', $360,474,000; and
``Department of Defense Base Closure Account 2005'', $2,354,285,000.
Sec. 2004. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense shall be as follows:
``Family Housing Operation and Maintenance, Army'', $518,140,000;
``Family Housing Operation and Maintenance, Navy and Marine Corps'',
$366,346,000; ``Family Housing Operation and Maintenance, Air Force'',
$513,792,000; and ``Family Housing Operation and Maintenance, Defense-
Wide'', $50,464,000.
Sec. 2005. Of the funds designated by section 1110 of this
division, funds available for the Department of Defense shall be as
follows: ``Military Construction, Army'', $981,346,000; ``Military
Construction, Air Force'', $195,006,000; and ``Military Construction,
Defense-Wide'', $46,500,000.
Sec. 2006. Notwithstanding any other provision of this division,
the following provisions included in title I of division E of Public
Law 111-117 shall not apply to funds made available by this division:
the first, second, and last provisos, and the set-aside of
$350,000,000, under the heading ``Military Construction, Army''; the
first and last provisos under the heading ``Military Construction, Navy
and Marine Corps''; the first, second, and last provisos under the
heading ``Military Construction, Air Force''; the second, third,
fourth, and last provisos under the heading ``Military Construction,
Defense-Wide'', the first, second and last provisos, and the set-aside
of $30,000,000, under the heading ``Military Construction, Army
National Guard''; the first, second, and last provisos, and the set-
aside of $30,000,000, under the heading ``Military Construction, Air
National Guard''; the first, second, and last provisos, and the set-
aside of $30,000,000, under the heading ``Military Construction, Army
Reserve''; the first, second, and last provisos, the set-aside of
$20,000,000, and the set-aside of $35,000,000, under the heading
``Military Construction, Navy Reserve''; the first, second, and last
provisos, and the set-aside of $55,000,000, under the heading
``Military Construction, Air Force Reserve''; the proviso under the
heading ``Family Housing Construction, Army''; the proviso under the
heading ``Family Housing Construction, Navy and Marine Corps''; the
proviso under the heading ``Family Housing Construction , Air Force'';
the proviso under the heading ``Family Housing Construction, Defense-
Wide''; and the proviso under the heading ``Chemical Demilitarization
Construction, Defense-Wide''.
Sec. 2007. Notwithstanding any other provision of this division,
the following provisions included in title IV of division E of Public
Law 111-117 shall not apply to funds appropriated by this division: the
proviso under ``Military Construction, Army'' and the proviso under
``Military Construction, Air Force''.
Sec. 2008. Of the funds made available for ``Military
Construction, Defense-Wide'' in title I of division E of Public Law
110-329, $23,000,000 are rescinded.
Sec. 2009. Of the funds made available for ``Military
Construction, Defense-Wide'' in title I of division E of Public Law
111-117, $125,500,000 are rescinded.
Sec. 2010. Of the funds made available for ``Military
Construction, Army'' in title I of division E of Public Law 111-117,
$263,000,000 are rescinded.
Sec. 2011. Of the funds made available for ``Military
Construction, Navy and Marine Corps'' in title I of division E of
Public Law 111-117, $61,050,000 are rescinded.
Sec. 2012. Of the funds made available for ``Military
Construction, Air Force'' in title I of division E of Public Law 111-
117, $121,700,000 are rescinded.
Sec. 2013. Of the unobligated balances available for ``Department
of Defense Base Closure Account 2005'' from prior appropriations (other
than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $232,363,000 are rescinded.
Sec. 2014. (a) Of the funds made available in title II of division
E of Public Law 111-117, the following amounts which became available
on October 1, 2010 are hereby rescinded from the following accounts in
the amounts specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,000,000,000;
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000; and
(3) ``Department of Veterans Affairs, Medical Facilities'',
$100,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified, to remain available until September 30, 2012:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,000,000,000;
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000; and
(3) ``Department of Veterans Affairs, Medical Facilities'',
$100,000,000.
Sec. 2015. Notwithstanding section 1118, the levels for each of
the following accounts for fiscal year 2012 shall be as follows:
(1) ``Department of Veterans Affairs, Medical Services'',
$39,649,985,000, which shall become available on October 1,
2011, and shall remain available until September 30, 2012.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $5,535,000,000, which shall become available on
October 1, 2011, and shall remain available until September 30,
2012.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$5,426,000,000, which shall become available on October 1,
2011, and shall remain available until September 30, 2012.
Sec. 2016. Of the discretionary funds made available to the
Department of Veterans Affairs for fiscal year 2011, $34,000,000 are
rescinded from ``Medical Support and Compliance'' and $15,000,000 are
rescinded from ``Medical Facilities'', which shall be derived from
amounts estimated for the January 2011 civilian pay raise.
Sec. 2017. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2011 for ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Construction, Minor Projects'', and ``Information Technology
Systems'', up to $235,360,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of
title XVII of division A of Public Law 111-84 and may be used for
operation of the facilities designated as combined Federal medical
facilities as described by section 706 of Public Law 110-417: Provided,
That additional funds may be transferred from accounts designated in
this section to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
Sec. 2018. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for health care provided at facilities designated as combined
Federal medical facilities as described by section 706 of Public Law
110-417 shall also be available: (1) for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of title XVII of
division A of Public Law 111-84; and (2) for operations of the
facilities designated as combined Federal medical facilities as
described by section 706 of Public Law 110-417.
Sec. 2019. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration, General
Operating Expenses'' shall be $2,534,276,000, of which not less than
$2,136,776,000 shall be for the Veterans Benefits Administration:
Provided, That no funds shall be available for the printer on every
desk initiative.
Sec. 2020. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
Information Technology Systems'' shall be $3,146,898,000.
Sec. 2021. Of the funds made available for ``Department of
Veterans Affairs, Departmental Administration, Information Technology
Systems'' in title II of division E of Public Law 111-117, $147,000,000
are rescinded.
Sec. 2022. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
Construction, Major Projects'' shall be $1,151,036,000: Provided, That
not later than 30 days after the date of the enactment of this section,
the Secretary of Veterans Affairs shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
spending plan for fiscal year 2011 at a level of detail below the
account level: Provided further, That the last proviso included in
title II of division E of Public Law 111-117 under the heading
``Department of Veterans Affairs, Departmental Administration,
Construction, Major Projects'' shall not apply to funds appropriated by
this division.
Sec. 2023. Of the unobligated balances available under
``Department of Veterans Affairs, Departmental Administration,
Construction, Major Projects'' to be derived from accounts in prior
appropriations Acts and that were not designated by the Congress in
such Acts as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, $75,000,000 are rescinded.
Sec. 2024. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
Construction, Minor Projects'' shall be $467,700,000.
Sec. 2025. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration, Grants
for Construction of State Extended Care Facilities'' shall be
$85,000,000.
Sec. 2026. Notwithstanding section 1101, the level for ``American
Battle Monuments Commission, Salaries and Expenses'' shall be
$64,200,000, to remain available until expended.
Sec. 2027. Notwithstanding section 1101, the level for ``United
States Court of Appeals for Veterans Claims, Salaries and Expenses''
shall be $27,615,000, of which $2,320,000 shall be available for the
purpose of providing financial assistance as described under this
heading in Public Law 102-229.
Sec. 2028. Notwithstanding section 1101, the level for
``Department of Defense - Civil, Cemeterial Expenses, Army, Salaries
and Expenses'' shall be $45,100,000, to remain available until
expended.
Sec. 2029. Notwithstanding section 1101, the level for ``Armed
Forces Retirement Home, Trust Fund'' shall be $71,200,000, of which
$2,000,000 shall be for construction and renovation of physical plants.
Sec. 2030. In the Senate, section 902 of Public Law 111-212, the
Supplemental Appropriations Act, 2010, shall be subject to section 3002
of that Act and accordingly is designated as an emergency requirement
and necessary to meet emergency needs pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
TITLE XI--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Sec. 2101. For purposes of this title, the term ``division F of
Public Law 111-117'' means the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2010 (division F of Public Law
111-117).
Sec. 2102. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Administration of Foreign
Affairs, Diplomatic and Consular Programs'', $8,790,000,000, of which
$1,500,000,000 is for Worldwide Security Protection (to be available
until expended); ``Administration of Foreign Affairs, Capital
Investment Fund'', $59,499,000; ``Administration of Foreign Affairs,
Emergencies in the Diplomatic and Consular Service'', $9,499,000;
``Administration of Foreign Affairs, Representation Allowances'',
$7,499,000; ``Administration of Foreign Affairs, Payment to the
American Institute in Taiwan'', $21,150,000; and ``Administration of
Foreign Affairs, Civilian Stabilization Initiative'', $35,000,000.
Sec. 2103. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Related Programs, United
States Institute of Peace'', $39,499,000, which shall not be used for
construction activities; ``Related Programs, East-West Center'',
$21,000,000; ``International Commissions, International Fisheries
Commissions'', $50,500,000; ``International Organizations,
Contributions to International Organizations'', $1,581,815,000; and
``International Organizations, Contributions for International
Peacekeeping Activities'', $1,887,706,000.
Sec. 2104. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``International Commissions,
International Boundary and Water Commission, United States and Mexico,
Salaries and Expenses'', $43,300,000; ``International Commissions,
International Boundary and Water Commission, United States and Mexico,
Construction'', $26,500,000; and ``Related Programs, The Asia
Foundation'', $17,900,000.
Sec. 2105. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Related Agency, Broadcasting
Board of Governors, International Broadcasting Operations'',
$731,500,000; and ``Related Agency, Broadcasting Board of Governors,
Broadcasting Capital Improvements'', $6,875,000.
Sec. 2106. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Administration of Foreign
Affairs, Educational and Cultural Exchange Programs'', $600,000,000;
``Bilateral Economic Assistance, Independent Agencies, Inter-American
Foundation'', $22,499,000; and ``Bilateral Economic Assistance,
Independent Agencies, African Development Foundation'', $29,500,000.
Sec. 2107. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``United States Agency for
International Development, Funds Appropriated to the President,
Operating Expenses'', $1,350,000,000; ``United States Agency for
International Development, Funds Appropriated to the President,
Civilian Stabilization Initiative'', $5,000,000; ``United States Agency
for International Development, Funds Appropriated to the President,
Capital Investment Fund'', $130,000,000; and ``United States Agency for
International Development, Funds Appropriated to the President, Office
of Inspector General'', $45,000,000.
Sec. 2108. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Bilateral Economic
Assistance, Funds Appropriated to the President, Development
Assistance'', $2,525,000,000; ``Bilateral Economic Assistance, Funds
Appropriated to the President, Complex Crises Fund'', $40,000,000;
``Bilateral Economic Assistance, Funds Appropriated to the President,
Assistance for Europe, Eurasia and Central Asia'', $697,134,000;
``Bilateral Economic Assistance, Independent Agencies, Peace Corps'',
$375,000,000; and ``Bilateral Economic Assistance, Independent
Agencies, Millennium Challenge Corporation'', $900,000,000.
Sec. 2109. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Bilateral Economic
Assistance, Funds Appropriated to the President, Economic Support
Fund'', $5,958,101,000; ``Bilateral Economic Assistance, Funds
Appropriated to the President, Democracy Fund'', $115,000,000;
``Department of the Treasury, International Affairs Technical
Assistance'', $25,499,000; and ``Department of the Treasury, Debt
Restructuring'', $50,000,000.
Sec. 2110. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Bilateral Economic
Assistance, Funds Appropriated to the President, International Disaster
Assistance'', $865,000,000; ``Bilateral Economic Assistance, Department
of State, Migration and Refugee Assistance'', $1,690,000,000; and
``Bilateral Economic Assistance, Department of State, United States
Emergency Refugee and Migration Assistance Fund'', $50,000,000:
Provided, That the authorities and requirements under section 2(c)(1)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)(1)) may be exercised and fulfilled by the Secretary of State
for the purpose of meeting unexpected, urgent refugee and migration
needs, and with respect to funds appropriated to carry out section 2(c)
of such Act in this division and in prior Acts making appropriations
for the Department of State, foreign operations, and related programs.
Sec. 2111. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``International Security
Assistance, Department of State, Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $740,000,000; and ``International
Security Assistance, Department of State, Peacekeeping Operations'',
$305,000,000: Provided, That division F of Public Law 111-117 shall be
applied to funds appropriated by this division under the heading
``Peacekeeping Operations'' by adding the following at the end: ``:
Provided further, That funds appropriated under this heading that are
available for assistance for Chad, Sudan, Somalia, and the Democratic
Republic of the Congo should not be used to support any military
training or operations that include child soldiers''.
Sec. 2112. (a) Notwithstanding section 1101, the level for each of
the following accounts shall be as follows: ``International Security
Assistance, Funds Appropriated to the President, International Military
Education and Training'', $106,000,000; and ``International Security
Assistance, Funds Appropriated to the President, Foreign Military
Financing Program'', $5,385,000,000, of which not less than
$3,000,000,000 shall be available for grants only for Israel,
$1,300,000,000 shall be available for grants only for Egypt,
$300,000,000 shall be available for assistance for Jordan, and up to
$50,000,000 should be available for assistance for Colombia: Provided,
That the dollar amount in the fourth proviso of the first paragraph
under the heading ``International Security Assistance, Funds
Appropriated to the President, Foreign Military Financing Program'' of
division F of Public Law 111-117 shall be deemed to be for the purposes
of this Act, $789,000,000: Provided further, That the second paragraph
under the heading ``International Security Assistance, Funds
Appropriated to the President, Foreign Military Financing Program'' in
division F of Public Law 111-117 shall be applied to funds appropriated
by this division by inserting after the second proviso in such
paragraph the following: ``: Provided further, That funds appropriated
under this heading shall not be disbursed for assistance for Chad until
the Secretary of State reports to the Committees on Appropriations on
steps being taken by the Government of Chad to implement a plan of
action to end the recruitment and use of child soldiers, including the
demobilization of child soldiers''.
(b) The authorities contained under the heading ``International
Security Assistance, Funds Appropriated to the President, Pakistan
Counterinsurgency Capability Fund'' in title XI of Public Law 111-32
shall remain in effect until September 30, 2012.
Sec. 2113. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Multilateral Assistance,
Funds Appropriated to the President, International Organizations and
Programs'', $355,000,000, of which up to $10,000,000 may be made
available for the International Panel on Climate Change/United Nations
Framework Convention on Climate Change; ``Multilateral Assistance,
International Financial Institutions, Global Environment Facility'',
$90,000,000; ``Multilateral Assistance, International Financial
Institutions, Contribution to the International Development
Association'', $1,235,000,000; ``Multilateral Assistance, International
Financial Institutions, Contribution to the Clean Technology Fund'',
$185,000,000; ``Multilateral Assistance, International Financial
Institutions, Contribution to the Strategic Climate Fund'',
$50,000,000; ``Multilateral Assistance, International Financial
Institutions, Contribution to the Inter-American Development Bank'',
$21,000,000; ``Multilateral Assistance, International Financial
Institutions, Contribution to the African Development Fund'',
$110,000,000; and ``Multilateral Assistance, International Financial
Institutions, International Fund for Agricultural Development'',
$29,499,000.
Sec. 2114. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Export and Investment
Assistance, Overseas Private Investment Corporation, Program Account'',
$18,115,000; and ``Export and Investment Assistance, Funds Appropriated
to the President, Trade and Development Agency'', $50,000,000.
Sec. 2115. (a) Notwithstanding section 1101, the amounts included
under the heading ``Administration of Foreign Affairs, Embassy
Security, Construction and Maintenance'' in division F of Public Law
111-117 shall be applied to funds appropriated by this division as
follows: by substituting ``$825,000,000'' for ``$876,850,000'' in the
first paragraph; and by substituting ``$795,000,000'' for
``$847,300,000'' in the second paragraph.
(b) Notwithstanding section 1101, the amounts included under the
heading ``Bilateral Economic Assistance, Funds Appropriated to the
President, Development Credit Authority'' in division F of Public Law
111-117 shall be applied to funds appropriated by this division as
follows: by substituting ``$30,000,000'' for ``$25,000,000'' in the
first paragraph; and by substituting ``$8,300,000'' for ``$8,600,000''
in the second paragraph.
Sec. 2116. Notwithstanding section 1101, the amounts included
under the heading ``Bilateral Economic Assistance, Funds Appropriated
to the President, Global Health and Child Survival'' in division F of
Public Law 111-117 shall be applied to funds appropriated by this
division as follows: by substituting in the first paragraph
``$2,500,000,000'' for ``$2,420,000,000''; and by substituting in the
second paragraph ``$5,345,000,000'' for ``$5,359,000,000''.
Sec. 2117. Notwithstanding section 1101, the level for each of the
following accounts shall be $0: ``Administration of Foreign Affairs,
Buying Power Maintenance Account''; ``Bilateral Economic Assistance,
Funds Appropriated to the President, International Fund for Ireland'';
and ``Multilateral Assistance, International Financial Institutions,
Contribution to the Asian Development Fund''.
Sec. 2118. (a) Of the unobligated balances available from funds
appropriated under the heading ``Export and Investment Assistance,
Export-Import Bank of the United States, Subsidy Appropriation'' in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) and under
such heading in prior Acts making appropriations for the Department of
State, foreign operations, and related programs, $275,000,000 are
rescinded.
(b) Of the unobligated balances from funds appropriated or
otherwise made available for the Buying Power Maintenance Account,
$17,000,000 are rescinded.
(c) Of the unobligated balances available for the Development
Assistance account, as identified by Treasury Appropriation Fund
Symbols 7206/111021, $1,000,000 are rescinded.
(d) Of the unobligated balances available for the Assistance for
the Independent States of the Former Soviet Union account, as
identified by Treasury Appropriation Fund Symbols 7206/111093, 7207/
121093, and 72X1093, $11,700,000 are rescinded.
(e) Of the unobligated balances available for the International
Narcotics Control and Law Enforcement account, as identified by
Treasury Appropriation Fund Symbols, 11X1022, 1106/121022, and 191105/
111022, $7,183,000 are rescinded.
(f) Of the funds appropriated in prior Acts making appropriations
for the Department of State, foreign operations, and related programs
under the heading ``Diplomatic and Consular Programs'', $55,000,000,
which shall be from amounts made available for Worldwide Security
Protection, are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(g) Of the funds appropriated in prior Acts making appropriations
for the Department of State, foreign operations, and related programs
under the heading ``Bilateral Economic Assistance, Funds Appropriated
to the President, Economic Support Fund'', $120,000,000 are rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(h) Of the unobligated funds made available to the Secretary of
State pursuant to section 286(v)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1356(v)(2)(A)), $140,000,000 are hereby
permanently canceled.
(i) Of the unobligated funds appropriated in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President, Assistance for Europe, Eurasia and
Central Asia'', $19,000,000 are rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 2119. (a) Notwithstanding section 653(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2413(b)), the President shall
transmit the report required under section 653(a) of that Act with
respect to the provision of funds appropriated or otherwise made
available by this division for the Department of State, foreign
operations, and related programs: Provided, That such report shall
include a comparison of amounts, by category of assistance, provided or
intended to be provided from funds appropriated for fiscal years 2010
and 2011, for each foreign country and international organization.
(b) Not later than 30 days after the date of enactment of this Act,
each department, agency or organization funded by this title or by
division F of Public Law 111-117 shall submit to the Committees on
Appropriations an operating plan for such funds that provides details
at the program, project, and activity level: Provided, That the report
required under subsection (a) shall be considered to have met the
requirements of this subsection with respect to funds made available to
carry out the Foreign Assistance Act of 1961 and the Arms Export
Control Act: Provided further, That the spending reports required in
division F of Public Law 111-117 for assistance for Afghanistan,
Pakistan, Iraq, the Caribbean Basin, Lebanon, Mexico, and Central
America, and spending reports required for funds appropriated under the
headings ``Diplomatic and Consular Programs'', ``Embassy Security,
Construction, and Maintenance'', ``International Narcotics Control and
Law Enforcement'', ``Civilian Stabilization Initiative'', and ``Peace
Corps'' shall be considered to have met the requirements of this
subsection.
(c) The reports required under subsection (b) shall not be
considered as meeting the notification requirements under section 7015
of division F of Public Law 111-117 or under section 634A of the
Foreign Assistance Act of 1961.
(d) The Secretary of State shall consult with the Committees on
Appropriations prior to implementing the rescissions made pursuant to
section 2118 of this division, other than rescissions made pursuant to
subsection (a) of such section.
Sec. 2120. (a) Notwithstanding any other provision of this
division, the dollar amounts under paragraphs (1) through (4) under the
heading ``Administration of Foreign Affairs, Diplomatic and Consular
Programs'' in division F of Public Law 111-117 shall not apply to funds
appropriated by this division: Provided, That the dollar amounts to be
derived from fees collected under paragraph (5)(A) under such heading
shall be ``$1,702,904'' and ``$505,000'', respectively.
(b)(1) Division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading ``International
Organizations, Contributions for International Peacekeeping
Activities'' by adding at the end before the period the following: ``:
Provided further, That the Secretary of State should work with the
United Nations and governments contributing peacekeeping troops to
develop effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That notwithstanding any
other provision of law, funds provided under the heading
``International Organizations, Contributions for International
Peacekeeping Activities'' shall be available for United States assessed
contributions up to the amount specified in Annex IV accompanying
United Nations General Assembly Resolution 64/220: Provided further,
That such funds may be made available only if the Secretary of State
determines that it is in the national interest of the United States''.
(2) Division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading ``United States Agency
for International Development, Funds Appropriated to the President,
Operating Expenses'' by substituting ``USAID mission, bureau, or
office'' for ``USAID overseas mission or office'' in the sixth proviso.
(3) Division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Development
Assistance'' by substituting ``should'' for ``shall'' each place it
appears.
(c) Division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Economic Support
Fund''--
(1) by substituting--
(A) ``should'' for ``shall'' in the fourth proviso;
(B) ``$200,000,000'' for ``$150,000,000'' in the
seventh proviso; and
(C) ``$195,000,000 should'' for ``$209,790,000
shall'' in the sixteenth proviso; and
(2) by adding at the end before the period the following:
``: Provided further, That funds appropriated under this
heading may be made available for activities to support the
economic and social development and reconciliation goals of
Public Law 99-415, and should not be made available for a
contribution: Provided further, That not less than $15,500,000
of the funds appropriated under this heading should be made
available for remediation activities, and not less than
$3,000,000 should be made available for related health
activities, referenced in section 7071(j) of this Act''.
(d) Notwithstanding any other provision of this division, the
following provisions in division F of Public Law 111-117 shall not
apply to funds appropriated by this division:
(1) Section 7034(l).
(2) Section 7042(a), (b)(1), (c), and (d)(1).
(3) Section 7044(d).
(4) In section 7045:
(A) Subsection (b)(2).
(B) The first sentence of subsection (c).
(C) The first sentence of subsection (e)(1).
(D) The first sentence of subsection (f).
(E) Subsection (h).
(5) Section 7070(b).
(6) Section 7071(f)(6).
(7) The third proviso under the heading ``Administration of
Foreign Affairs, Civilian Stabilization Initiative''.
(8) The fourth proviso under the heading ``Bilateral
Economic Assistance, Funds Appropriated to the President,
Assistance for Europe, Eurasia and Central Asia''.
(e) Section 7060 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$575,000,000'' for ``$648,457,000'': Provided, That notwithstanding
section 1101, section 7078(a) of division F of Public Law 111-117 shall
be applied to funds appropriated by this division by substituting in
lieu thereof the matter contained in section 660(a) of division J of
Public Law 110-161, the Consolidated Appropriations Act, 2008, except
that ``$40,000,000 should'' shall be substituted for ``not less than
$7,000,000 shall''.
(f) Sections 7045(a), 7061, 7064(a)(1) and (b), and 7071(g)(3) of
division F of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``should'' for ``shall'' each place it
appears.
(g)(1) Section 7081 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting--
(A) ``should'' for ``shall'' each place it appears in
subsections (b), (c), and (d);
(B) ``$35,000,000'' for ``$25,000,000'' in the first
sentence of subsection (d); and
(C) ``For fiscal year 2011, up to $185,000,000'' for ``For
fiscal year 2010, up to $300,000,000'' in subsection (g)(1).
(2) The second proviso of section 7081(d) of division F of Public
Law 111-117 is amended to read as follows: ``: Provided further, That
funds appropriated by this division that are made available for
tropical forest programs shall be used for purposes including to
implement and enforce section 8204 of Public Law 110-246, shall not be
used to support or promote the expansion of industrial logging into
primary tropical forests, and shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations''.
(h) Section 7042 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$552,900,000'' for the dollar amount in subsection (f)(1).
(i) The third proviso of section 7034(s) of division F of Public
Law 111-117 shall be applied to funds appropriated by this division by
substituting ``shall include, in a manner the Secretary determines
appropriate,'' for ``should include''.
(j) Section 7070(i)(2) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``health, education, and macroeconomic growth'' for ``macroeconomic
growth''.
(k) Notwithstanding any other provision of this division, section
7015(c) of division F of Public Law 111-117 shall not apply to funds
appropriated by this division under the headings ``Complex Crises
Fund'' and ``Migration and Refugee Assistance''.
(l) Section 7046(a) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$459,000,000'' for ``$521,880,000''.
(m) Not later than 90 days after enactment of this Act, and prior
to the obligation of funds appropriated in this division under the
headings ``Administration of Foreign Affairs, Diplomatic and Consular
Programs'', ``Bilateral Economic Assistance, Funds Appropriated to the
President, Development Assistance'', ``Bilateral Economic Assistance,
Funds Appropriated to the President, Economic Support Fund'', and
``Bilateral Economic Assistance, Funds Appropriated to the President,
Assistance for Europe, Eurasia and Central Asia'' for historic and
cultural preservation projects, the Secretary of State, in consultation
with the Administrator of the United States Agency for International
Development (USAID), shall submit to the Committees on Appropriations a
report detailing, by agency, account, purpose, and amount, all historic
and cultural preservation projects supported in fiscal year 2010 and
planned for fiscal year 2011 by the Department of State and USAID.
Sec. 2121. (a) Notwithstanding section 1101, the amounts included
under the heading ``Administration of Foreign Affairs, Office of
Inspector General'' in division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$22,000,000'' for ``$23,000,000'' for the Special Inspector General
for Iraq Reconstruction, and ``$24,000,000'' for ``$23,000,000'' for
the Special Inspector General for Afghanistan Reconstruction.
(b) The tenth proviso under the heading ``Economic Support Fund''
in division F of Public Law 111-117 shall be applied to funds
appropriated by this division by substituting the following: ``Provided
further, That funds appropriated or otherwise made available by this
division for assistance for Afghanistan and Pakistan may not be made
available for direct government-to-government assistance unless the
Secretary of State certifies to the Committees on Appropriations that
the relevant implementing agency has been assessed and considered
qualified to manage such funds and the Government of the United States
and the government of the recipient country have agreed, in writing, to
clear and achievable goals and objectives for the use of such funds,
and have established mechanisms within each implementing agency to
ensure that such funds are used for the purposes for which they were
intended:''.
(c) The second proviso under the heading ``International Security
Assistance, Department of State, Peacekeeping Operations'' in division
F of Public Law 111-117 shall be applied by substituting the following:
``Provided further, That up to $55,918,000 may be used to pay assessed
expenses of international peacekeeping activities in Somalia, except
that up to an additional $35,000,000 may be made available for such
purpose subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:''.
(d) Section 7004 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by adding at the end the
following new subsection:
``(d) For the purposes of calculating the fiscal year 2011 costs of
providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares in a manner
that is proportional to the Department of State's contribution for this
purpose.''.
(e) The second proviso in the second paragraph under the heading
``International Security Assistance, Funds Appropriated to the
President, Foreign Military Financing Program'' in division F of Public
Law 111-117 shall be applied to funds appropriated by this division by
inserting ``Bahrain, Yemen,'' after ``Nepal,''.
(f) Section 7034(n) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by adding at the end
before the period the following: ``: Provided, That none of the funds
appropriated or otherwise made available by this division or any other
Act making appropriations for the Department of State, foreign
operations, and related programs may be used to implement phase 3 of
such authority''.
(g) Section 7034(m) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by--
(1) substituting ``not less than $20,000,000'' for
``$30,000,000'' in paragraph (5); and
(2) adding the following new paragraph at the end:
``(6) The level otherwise provided by this Act for `Related
Agency, Broadcasting Board of Governors, International
Broadcasting Operations' is hereby increased by $10,000,000, to
remain available until September 30, 2012, to expand
unrestricted access to information on the Internet.''.
(h) Section 7042 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting the
following for the proviso in subsection (d)(2): ``: Provided, That
funds may not be made available for obligation until the Secretary of
State determines and reports to the Committees on Appropriations that
such funds to be provided are in the national security interest of the
United States and provides the Committees on Appropriations a detailed
spending plan''.
(i) Section 7043 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting the
following for subsection (b):
``(b) Limitation.--None of the funds appropriated or otherwise made
available in this Act under the heading `Export-Import Bank of the
United States' may be used by the Export-Import Bank of the United
States to provide any new financing (including loans, guarantees, other
credits, insurance, and reinsurance) to any person that is subject to
sanctions under paragraph (2) or (3) of section 5(a) of the Iran
Sanctions Act of 1996 (Public Law 104-172).''.
(j) For purposes of the amount made available by this division for
``Export and Investment Assistance, Export-Import Bank of the United
States, Administrative Expenses'', project specific transaction costs,
including direct and indirect costs incurred in claims settlements, and
other costs for systems infrastructure directly supporting
transactions, shall not be considered administrative expenses:
Provided, That the Export-Import Bank of the United States may expend
not more than $5,000,000 in fiscal year 2011 for such transaction
costs.
(k) The first proviso under the heading ``Department of the
Treasury, Debt Restructuring'' in division F of Public Law 111-117
shall be applied to funds appropriated by this division by substituting
``should'' for ``shall''.
(l) Section 7059 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting--
(1) ``should'' for ``may'' in subsection (c); and
(2) ``65'' for ``30'' the first place it appears in
subsection (l).
(m) The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2010''
and inserting ``2010, and 2011''; and
(B) in subsection (e), by striking ``October 1,
2010'' each place it appears and inserting ``June 1,
2011''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2010'' and inserting ``2011''.
Sec. 2122. (a) In General.--Subsections (b) through (d) of this
section shall apply to funds appropriated by this division in lieu of
section 7076 of division F of Public Law 111-117.
(b) Limitation.--None of the funds appropriated or otherwise made
available by this division under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law Enforcement'' may be
obligated for assistance for the Government of Afghanistan until the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development (USAID), certifies
and reports to the Committees on Appropriations the following:
(1) The Government of Afghanistan is--
(A) demonstrating a commitment to reduce corruption
and improve governance, including by investigating,
prosecuting, and sanctioning or removing corrupt
officials from office and to implement financial
transparency and accountability measures for government
institutions and officials (including the Central
Bank);
(B) taking significant steps to facilitate active
public participation in governance and oversight; and
(C) taking credible steps to protect the
internationally recognized human rights of Afghan
women.
(2) There is a unified United States Government anti-
corruption strategy for Afghanistan.
(3) Funds will be programmed to support and strengthen the
capacity of Afghan public and private institutions and entities
to reduce corruption and to improve transparency and
accountability of national, provincial, and local governments,
as outlined in the spending plan submitted to the Committees on
Appropriations on October 26, 2010 (CN 10-298).
(4) Representatives of Afghan national, provincial, or
local governments, local communities, and civil society
organizations, as appropriate, will be consulted and
participate in the design of programs, projects, and
activities, including participation in implementation and
oversight, and the development of specific benchmarks to
measure progress and outcomes.
(5) Funds will be used to train and deploy additional
United States Government direct-hire personnel to improve
monitoring and control of assistance.
(6) A framework and methodology is being utilized to assess
national, provincial, local, and sector level fiduciary risks
relating to public financial management of United States
Government assistance.
(c) Assistance and Operations.--(1) Funds appropriated by this
division under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that are
available for assistance for Afghanistan--
(A) shall be made available, to the maximum extent
practicable, in a manner that emphasizes the
participation of Afghan women, and directly improves
the security, economic and social well-being, and
political status, and protects the rights of, Afghan
women and girls and complies with sections 7062 and
7063 of division F of Public Law 111-117, including
support for the Afghan Independent Human Rights
Commission, the Afghan Ministry of Women's Affairs, and
women-led nongovernmental organizations;
(B) may be made available for a United States
contribution to an internationally-managed fund to
support the reconciliation with and disarmament,
demobilization, and reintegration into Afghan society
of, former combatants who have renounced violence
against the Government of Afghanistan: Provided, That
funds may be made available to support reconciliation
and reintegration activities only if--
(i) Afghan women are participating at
national, provincial, and local levels of
government in the design, policy formulation
and implementation of the reconciliation or
reintegration process, and such process upholds
steps taken by the Government of Afghanistan to
protect the internationally recognized human
rights of Afghan women; and
(ii) such funds will not be used to support
any pardon or immunity from prosecution, or any
position in the Government of Afghanistan or
security forces, for any leader of an armed
group responsible for crimes against humanity,
war crimes, or other violations of
internationally recognized human rights;
(C) may be made available as a United States
contribution to the Afghanistan Reconstruction Trust
Fund (ARTF) unless the Secretary of State determines
and reports to the Committees on Appropriations that
the World Bank Monitoring Agent of the ARTF is unable
to conduct its financial control and audit
responsibilities due to restrictions on security
personnel by the Government of Afghanistan; and
(D) may be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(2) Funds appropriated under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' by this division that are available for
assistance for Afghanistan that provide training for foreign
police, judicial, and military personnel shall address, where
appropriate, gender-based violence.
(3) The authority contained in section 1102(c) of Public
Law 111-32 shall continue in effect during fiscal year 2011 and
shall apply as if included in this division.
(4) The Coordinator for Rule of Law at the United States
Embassy in Kabul, Afghanistan, shall be consulted on the use of
all funds appropriated by this division for rule of law
programs in Afghanistan.
(5) None of the funds made available by this division may
be used by the United States Government to enter into a
permanent basing rights agreement between the United States and
Afghanistan.
(6) The Secretary of State, after consultation with the
USAID Administrator, shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
division, and prior to the initial obligation of funds for
assistance for Afghanistan, a detailed spending plan for such
assistance which shall include clear and achievable goals,
benchmarks for measuring progress, and expected results:
Provided, That such plan shall not be considered as meeting the
notification requirements under section 7015 of division F of
Public Law 111-117 or under section 634A of the Foreign
Assistance Act of 1961.
(d) Oversight.--(1) The Special Inspector General for Afghanistan
Reconstruction, the Inspector General of the Department of State, and
the Inspector General of the United States Agency for International
Development, shall jointly develop and submit to the Committees on
Appropriations within 45 days of enactment of this division a
coordinated audit and inspection plan of United States assistance for,
and civilian operations in, Afghanistan.
(2) Of the funds appropriated by this division under the heading
``Economic Support Fund'' for assistance for Afghanistan, $3,000,000
shall be transferred to, and merged with, funds appropriated by this
division under the heading ``Administration of Foreign Affairs, Office
of Inspector General'', for increased oversight of programs in
Afghanistan and shall be in addition to funds otherwise available for
such purposes: Provided, That $1,500,000 shall be for the activities of
the Special Inspector General for Afghanistan Reconstruction.
(3) Of the funds appropriated by this division under the heading
``Economic Support Fund'' for assistance for Afghanistan, $1,500,000
shall be transferred to, and merged with, funds appropriated by this
division under the heading ``United States Agency for International
Development, Funds Appropriated to the President, Office of Inspector
General'' for increased oversight of programs in Afghanistan and shall
be in addition to funds otherwise available for such purposes.
(e) Modification to Prior Provisions.--(1) Section 1004(c)(1)(C) of
Public Law 111-212 is amended to read as follows:
``(C) taking credible steps to protect the
internationally recognized human rights of Afghan
women.''.
(2) Section 1004(d)(1) of Public Law 111-212 is amended to read as
follows:
``(1) Afghan women are participating at national,
provincial, and local levels of government in the design,
policy formulation, and implementation of the reconciliation or
reintegration process, and such process upholds steps taken by
the Government of Afghanistan to protect the internationally
recognized human rights of Afghan women; and''.
(3) Section 1004(e)(1) of Public Law 111-212 is amended to read as
follows:
``(1) based on information available to the Secretary, the
Independent Electoral Commission has no members or other
employees who participated in, or helped to cover up, acts of
fraud in the 2009 presidential election in Afghanistan, and the
Electoral Complaints Commission is a genuinely independent body
with all the authorities that were invested in it under Afghan
law as of December 31, 2009; and''.
Sec. 2123. (a) The first and second provisos under the heading
``Bilateral Economic Assistance, Funds Appropriated to the President,
Economic Support Fund'' in division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting the
following: ``Provided, That of the funds appropriated under this
heading, up to $250,000,000 shall be made available for assistance for
Egypt for activities that support democratic elections, promote
representative and accountable governance, protect human rights,
strengthen civil society and the rule of law, reduce poverty, promote
equitable economic development, and expand educational opportunities
for disadvantaged Egyptian youth, including through scholarship
programs: Provided further, That the Secretary of State shall submit a
spending plan, including a comprehensive strategy to promote democracy
and development, to the Committees on Appropriations for funds provided
for Egypt under this heading: Provided further, That such plan shall
not be considered as meeting the notification requirements under
section 7015 of division F of Public Law 111-117 or under section 634A
of the Foreign Assistance Act of 1961: Provided further, That such
funds shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support democratic
transitions in the Middle East and North Africa, including assistance
for civil society organizations and the development of democratic
political parties:''.
(b) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations a
report on Egypt detailing whether--
(1) a transparent, political transition is occurring that
includes the participation of a wide range of democratic
opposition and civil society leaders and is responsive to their
views;
(2) the emergency law and other laws restricting human
rights have been abrogated; protesters, political and social
activists and journalists are not being arrested, detained or
prosecuted for the peaceful exercise of their rights; and the
government is respecting freedoms of expression, assembly and
association; and
(3) legal and constitutional impediments to free and fair
presidential and parliamentary elections are being removed.
Sec. 2124. Notwithstanding section 1101, the level for
``Multilateral Assistance, International Financial Institutions,
Contribution to the Global Agriculture and Food Security Program'',
shall be $100,000,000 for payment to the Global Agriculture and Food
Security Program by the Secretary of the Treasury, to remain available
until expended.
Sec. 2125. None of the funds made available in this division for
the United Nations Capital Master Plan may be used for the design,
renovation, or construction of the United Nations Headquarters in New
York in excess of the agreed upon assessments of the United States
pursuant to paragraph 10 of United Nations General Assembly Resolution
61/251.
Sec. 2126. (a) Contribution to the Asian Development Bank.--In
addition to amounts otherwise made available by this division,
$106,586,000, to remain available until expended, is appropriated for
payment to the Asian Development Bank by the Secretary of the Treasury
for the United States share of the paid-in portion of the increase in
capital stock.
(b) Limitation on Callable Capital Subscriptions.--The United
States Governor of the Asian Development Bank may subscribe without
fiscal year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$2,558,048,769.
(c) Reporting on Reforms.--Funds shall not be made available for a
United States contribution to the Asian Development Bank (ADB) until
the Secretary of the Treasury reports to the Committees on
Appropriations that the ADB is making substantial progress toward the
following policy goals--
(1) implementing procurement guidelines that maximize
international competitive bidding in accordance with sound
procurement practices, including transparency, competition, and
cost-effective results for Borrowers;
(2) providing greater public disclosure of loan documents,
with particular attention to persons affected by ADB projects;
(3) implementing best practices in domestic laws and
international conventions against corruption for whistleblower
and witness disclosures, and protections against retaliation
for internal and lawful public disclosures by ADB employees and
others affected by ADB operations who report illegality or
other misconduct that could threaten the ADB's mission,
including best practices for legal burdens of proof; access to
independent adjudicative bodies; and results that eliminate the
effects of proven retaliation;
(4) ensuring that the Investigations Office, Auditor
General Office, and Evaluation Office are functionally
independent, free from interference when determining the scope
of investigations and audits, performing work and communicating
results, and regularly report to the ADB's board of directors
and, as appropriate and in a manner consistent with such
functional independence of the Investigations Office and the
Auditor General Office, to the ADB President;
(5) requiring that each candidate for adjustment or budget
support loans provide an assessment of reforms to budgetary and
procurement processes to encourage transparency, including
budget publication and public scrutiny, prior to loan or grant
approval;
(6) ensuring that the ADB's Accountability Mechanism
provides transparency and protects local residents affected by
ADB projects; and
(7) making publicly available external and internal
performance and financial audits of ADB projects on the ADB's
website.
(d) Report Dates.--Not later than 180 days after enactment of this
Act, and every 6 months thereafter until September 30, 2013, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a report detailing the extent to which the ADB has made
progress on each policy goal listed in subsection (c).
(e) Amendment.--The Asian Development Bank Act (22 U.S.C. 285 et
seq.), is amended by adding at the end the following:
``SEC. 33. NINTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $461,000,000 to the ninth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $461,000,000 for payment by the Secretary of
the Treasury.
``SEC. 34. FIFTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) The United States Governor of the Bank may subscribe
on behalf of the United States to 1,104,420 additional shares
of the capital stock of the Bank.
``(2) Any subscription by the United States to capital
stock of the Bank shall be effective only to such extent or in
such amounts as are provided in advance in appropriations Acts.
``(b) Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank provided for in subsection (a), there
are authorized to be appropriated, without fiscal year
limitation, $13,323,173,083, for payment by the Secretary of
the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1)--
``(A) $532,929,240 is authorized to be appropriated
for paid-in shares of the Bank; and
``(B) $12,790,243,843 is authorized to be
appropriated for callable shares of the Bank, for
payment by the Secretary of the Treasury.''.
TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
Sec. 2201. Notwithstanding section 1101, the level for
``Department of Transportation, Office of the Secretary, Transportation
Planning, Research, and Development'' shall be $9,819,000.
Sec. 2202. Notwithstanding section 1101, the level for
``Department of Transportation, Office of the Secretary, National
Infrastructure Investments'' shall be $528,000,000: Provided, That the
amounts included under such heading in division A of Public Law 111-117
shall be applied to funds appropriated by this division by substituting
``$0'' for ``$35,000,000''.
Sec. 2203. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Aviation Administration,
Operations'' shall be $9,533,028,000, of which $4,559,000,000 shall be
derived from the Airport and Airway Trust Fund, of which not less than
$7,473,299,000 shall be for air traffic organization activities and not
less than $1,253,020,000 shall be for aviation safety activities.
Sec. 2204. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Aviation Administration,
Facilities and Equipment'' shall be $2,736,203,000, of which
$2,226,203,000 shall remain available through September 30, 2013, and
of which $470,000,000 shall remain available through September 30,
2011.
Sec. 2205. Notwithstanding section 1101, the amounts included
under the heading ``Department of Transportation, Federal Aviation
Administration, Grants-in-Aid for Airports, Liquidation of Contract
Authorization'' in division A of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$3,550,000,000''
for ``$3,000,000,000''.
Sec. 2206. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Aviation Administration,
Research, Engineering, and Development'' shall be $170,000,000.
Sec. 2207. Of the unobligated balances of funds apportioned to
each State under chapter 1 of title 23, United States Code,
$2,500,000,000 are permanently rescinded: Provided, That such
rescission shall not apply to the funds distributed in accordance with
sections 130(f) and 104(b)(5) of title 23, United States Code; sections
133(d)(1) and 163 of such title, as in effect on the day before the
date of enactment of Public Law 109-59; and the first sentence of
section 133(d)(3)(A) of such title: Provided further, That
notwithstanding section 1132 of Public Law 110-140, in administering
the rescission required under this heading, the Secretary of
Transportation shall allow each State to determine the amount of the
required rescission to be drawn from the programs to which the
rescission applies.
Sec. 2208. Notwithstanding section 1101, no funds made available
by this division shall be for activities described in section 122 of
title I of division A of Public Law 111-117.
Sec. 2209. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Highway Administration, Surface
Transportation Priorities'' shall be $0.
Sec. 2210. Unobligated balances of funds made available for
obligation under section 320 of title 23, United States Code, section
147 of Public Law 95-599, section 9(c) of Public Law 97-134, section
149 of Public Law 100-17, and sections 1006, 1069, 1103, 1104, 1105,
1106, 1107, 1108, 6005, 6015, and 6023 of Public Law 102-240 are
permanently rescinded.
Sec. 2211. The unobligated balance available on September 30,
2011, under section 1602 of the Transportation Equity Act for the 21st
Century (Public Law 105-178) for each project for which less than 10
percent of the amount authorized for such project under such section
has been obligated is permanently rescinded.
Sec. 2212. Of the amounts authorized for fiscal years 2005 through
2009 in section 1101(a)(16) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (Public Law
109-59) to carry out the high priority projects program under section
117 of title 23, United States Code, that are not allocated for
projects described in section 1702 of such Act, $8,190,335 are
permanently rescinded.
Sec. 2213. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Motor Carrier Safety
Administration, Motor Carrier Safety Operations and Programs,
(Liquidation of Contract Authorization), (Limitation on Obligations),
(Highway Trust Fund)'' shall be $245,000,000.
Sec. 2214. Of the amount made available for ``Department of
Transportation, Motor Carrier Safety Grants, (Liquidation of Contract
Authorization), (Limitation on Obligations), (Highway Trust Fund)'' for
the commercial driver's license information system modernization
program, $3,000,000 shall be made available for audits of new entrant
motor carriers to carry out section 4107(b) of Public Law 109-59, and
31104(a) of title 49, United States Code, and $5,000,000 shall be made
available for the commercial driver's license improvements program to
carry out section 31313 of title 49, United States Code.
Sec. 2215. Of the unobligated amounts available for Safety Belt
Performance Grants under section 406 of title 23, United States Code,
$76,000,000 are permanently rescinded.
Sec. 2216. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad Administration,
Railroad Safety Technology Program'' shall be $0.
Sec. 2217. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad Administration, Safety
and Operations'' shall be $176,950,000.
Sec. 2218. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad Administration,
Railroad Research and Development'' shall be $35,100,000.
Sec. 2219. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad Administration, Rail
Line Relocation and Improvement Program'' shall be $10,532,000.
Sec. 2220. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad Administration,
Capital and Debt Service Grants to the National Railroad Passenger
Corporation'' shall be $923,625,000.
Sec. 2221. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad Administration,
Capital Assistance for High Speed Rail Corridors and Intercity
Passenger Rail Service'' shall be $0.
Sec. 2222. Of the prior year unobligated balances available for
``Department of Transportation, Federal Railroad Administration,
Capital Assistance for High Speed Rail Corridors and Intercity
Passenger Rail Service'', $400,000,000 is rescinded.
Sec. 2223. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Transit Administration, Grants
for Energy Efficiency and Greenhouse Gas Reductions'' shall be
$50,000,000.
Sec. 2224. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Transit Administration, Capital
Investment Grants'' shall be $1,600,000,000.
Sec. 2225. Of the funds made available for ``Department of
Transportation, Federal Transit Administration, Capital Investment
Grants'' in division A of Public Law 111-117, $280,000,000 is
rescinded.
Sec. 2226. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Transit Administration,
Research and University Research Centers'' shall be $59,000,000.
Sec. 2227. Notwithstanding section 1101, the level for
``Department of Transportation, Maritime Administration, Operations and
Training'' shall be $151,750,000, of which $11,240,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies; $15,000,000 shall remain available until
expended for capital improvements at the United States Merchant Marine
Academy; and $59,057,000 shall be available for operations at the
United States Merchant Marine Academy: Provided, That of the funds made
available under such heading in division A of Public Law 111-117, up to
$6,000,000 may be used for the reimbursement of overcharged midshipmen
fees for academic years 2003-2004 through 2008-2009, to remain
available until expended: Provided further, That the reimbursement
decisions of the Secretary pursuant to the previous proviso shall be
final and conclusive: Provided further, That of the funds made
available under such heading by this division, $1,000,000 shall be for
the information technology requirements of Public Law 111-207, to be
available until expended.
Sec. 2228. Notwithstanding section 1101, the level for
``Department of Transportation, Maritime Administration, Assistance to
Small Shipyards'' shall be $10,000,000.
Sec. 2229. Notwithstanding section 1101, the level for each of the
following accounts under the heading ``Department of Transportation,
Pipeline and Hazardous Materials Safety Administration'' shall be as
follows: ``Operational Expenses, (Pipeline Safety Fund)'', $21,496,000;
``Hazardous Materials Safety'', $39,098,000, of which $1,699,000 shall
remain available until September 30, 2013; and ``Pipeline Safety
(Pipeline Safety Fund) (Oil Spill Liability Trust Fund)'',
$106,919,000, of which $18,905,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2013, and of which $88,014,000 shall be derived from the Pipeline
Safety Fund, of which $47,332,000 shall remain available until
September 30, 2013.
Sec. 2230. Notwithstanding section 1101, section 186 of title I of
division A of Public Law 111-117 shall not apply in fiscal year 2011.
Sec. 2231. Notwithstanding section 1101, none of the funds made
available by this division shall be available for activities described
in section 195 of title I of division A of Public Law 111-117.
Sec. 2232. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Management and
Administration, Administration, Operations and Management'' shall be
$525,040,000: Provided, That the Secretary shall adjust other amounts
specified under this heading to stay within the level provided under
this section.
Sec. 2233. Notwithstanding section 1101, section 231 of title II
of division A of Public Law 111-117 (123 Stat. 3105) is amended to read
as follows: ``The Secretary of Housing and Urban Development is
authorized to transfer up to 5 percent or $5,000,000, whichever is
less, of the funds made available for personnel or nonpersonnel
expenses under any account under this title under the general heading
`Personnel Compensation and Benefits', or under any set-aside within
the accounts under the headings `Executive Direction' and
`Administration, Operations and Management', to any other such account
or set-aside: Provided, That no appropriation for personnel or non-
personnel expenses in any such account or set-aside shall be increased
or decreased by more than 5 percent or $5,000,000, whichever is less,
without prior written approval of the House and Senate Committees on
Appropriations.''.
Sec. 2234. Notwithstanding section 1101, the level for each of the
following accounts under the heading ``Department of Housing and Urban
Development, Personnel Compensation and Benefits'' shall be as follows:
``Public and Indian Housing'', $189,074,000; ``Community Planning and
Development'', $96,989,000; ``Housing'', $381,887,000; and ``Policy
Development and Research'', $19,138,000.
Sec. 2235. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Tenant-Based Rental Assistance'' shall be $14,407,688,000, to
remain available until expended, which shall be available on October 1,
2010 (in addition to the $4,000,000,000 previously appropriated under
such heading that became available on October 1, 2010), and,
notwithstanding section 1118, an additional $4,000,000,000, to remain
available until expended, shall be available on October 1, 2011:
Provided, That of the amounts available for such heading,
$16,702,688,000 shall be for activities specified in paragraph (1)
under such heading of title II of division A of Public Law 111-117;
$110,000,000 shall be for activities specified in paragraph (2) under
such heading in such Public Law; $1,450,000,000 shall be for activities
specified in paragraph (3) under such heading in such Public Law, of
which $1,400,000,000 shall be allocated as provided in the first
proviso of such paragraph (3); and $50,000,000 shall be for activities
specified in paragraph (6) under such heading in such Public Law:
Provided further, That paragraph (5) under such heading in such Public
Law is amended by striking ``$15,000,000'' and all that follows through
the end of such paragraph and inserting ``$35,000,000 for amendment and
renewal of tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
including necessary administrative expenses;''.
Sec. 2236. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Public Housing Operating Fund'' shall be $4,626,000,000.
Sec. 2237. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Revitalization of Severely Distressed Public Housing (HOPE
VI)'' shall be $100,000,000.
Sec. 2238. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Public Housing Capital Fund'' shall be $2,044,200,000.
Sec. 2239. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Native American Housing Block Grants'' shall be $650,000,000.
Sec. 2240. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community Planning and
Development, Community Development Fund'' shall be $3,508,000,000, of
which $3,343,000,000 shall be for carrying out the community
development block grant program under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided,
That none of the funds made available under such heading by this
division may be used for grants for the Economic Development Initiative
or Neighborhood Initiatives activities, Rural Innovation Fund, or for
grants pursuant to section 107 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5307): Provided further, That of the amounts
made available under such heading by this division, $100,000,000 shall
be for a Sustainable Communities Initiative, of which $70,000,000 shall
be for Regional Integrated Planning Grants and $30,000,000 shall be for
Community Challenge Planning Grants: Provided further, That of such
amount made available for Regional Integrated Planning Grants,
$17,500,000 shall be for activities specified in the second proviso of
the last paragraph under such heading in title II of division A of
Public Law 111-117 and $0 shall be for activities specified in the
sixth proviso of such paragraph.
Sec. 2241. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community Planning and
Development, Homeless Assistance Grants'' shall be $1,905,000,000, of
which at least $225,000,000 shall be for the Emergency Solutions Grant
program.
Sec. 2242. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community Planning and
Development, HOME Investment Partnerships Program'' shall be
$1,610,000,000.
Sec. 2243. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community Planning and
Development, Brownfields Redevelopment'' shall be $0.
Sec. 2244. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing Programs,
Project-Based Rental Assistance'' shall be $8,882,328,000, to remain
available until expended, which shall be available on October 1, 2010
(in addition to $393,672,000 previously appropriated under such heading
that became available on October 1, 2010), and, notwithstanding section
1118, an additional $400,000,000, to remain available until expended,
shall be available on October 1, 2011: Provided, That of the amounts
available for such heading, $8,950,000,000 shall be for activities
specified in paragraph (1) under such heading of title II of division A
of Public Law 111-117 and $326,000,000 shall be available for
activities specified in paragraph (2) under such heading of such Public
Law.
Sec. 2245. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing Programs,
Housing Counseling Assistance'' shall be $0.
Sec. 2246. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing Programs,
Housing for the Elderly'' shall be $400,000,000: Provided, That of such
amounts, up to $100,000,000 shall be available for capital advance and
project-based rental assistance awards, and none of such amounts shall
be available for activities specified in the third proviso under such
heading in title II of division A of Public Law 111-117.
Sec. 2247. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing Programs,
Housing for Persons with Disabilities'' shall be $150,000,000, of which
up to $50,000,000 shall be for capital advances and project-based
rental assistance contracts and up to $32,000,000 shall be available
for amendments or renewal of tenant-based assistance contracts entered
into prior to fiscal year 2007.
Sec. 2248. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing Programs, Energy
Innovation Fund'' shall be $0.
Sec. 2249. The heading ``Department of Housing and Urban
Development, Housing Programs, Other Assisted Housing Programs, Rental
Housing Assistance'' shall be applied by also being available for
extensions of up to one year for expiring contracts under such sections
of law.
Sec. 2250. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing Programs, Rent
Supplement (Rescission)'' shall be $40,600,000.
Sec. 2251. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Federal Housing
Administration, Mutual Mortgage Insurance Program Account'' for
administrative contract expenses shall be $207,000,000.
Sec. 2252. The first proviso in the first paragraph under the
heading ``Department of Housing and Urban Development, Federal Housing
Administration, General and Special Risk Program Account'' in division
A of Public Law 111-117 shall be applied in fiscal year 2011 by
substituting ``$20,000,000,000'' for ``$15,000,000,000''.
Sec. 2253. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Office of Lead Hazard
Control and Healthy Homes, Lead Hazard Reduction'' shall be
$120,000,000.
Sec. 2254. Notwithstanding section 1101, the level under the
heading ``Related Agencies, United States Interagency Council on
Homelessness, Operating Expenses'' shall be $2,680,000.
Sec. 2255. Section 209 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C.11319) is amended by striking all that follows ``on'' and
inserting ``October 1, 2013.''.
Sec. 2256. The first proviso under the heading ``Housing for the
Elderly'' and under the heading ``Housing for Persons with
Disabilities'' in division A of Public Law 111-117 are each amended to
read as follows: ``Provided, That amounts obligated for initial project
rental assistance contracts from amounts appropriated in fiscal year
2003 and thereafter shall remain available for the purpose of paying
such obligations incurred prior to the expiration of such amounts for a
10 year period following such expiration:''.
Sec. 2257. The amounts provided by section 1101 for ``Department
of Housing and Urban Development, Housing Programs, Housing for Persons
with Disabilities'' shall, in addition to use as provided under such
heading in title II of division A of Public Law 111-117, be available
for project assistance contracts pursuant to section 202(h) of the
Housing Act of 1959 (12 U.S.C. 1701q).
Sec. 2258. Notwithstanding section 1101, the level under the
heading ``Department of Housing and Urban Development, Management and
Administration, Transformation Initiative'' for combating mortgage
fraud shall be $0.
Sec. 2259. The heading ``Department of Housing and Urban
Development, Management and Administration, Transformation Initiative''
in title II of division A of Public Law 111-117 is amended by striking
the second paragraph and inserting the following: ``For necessary
expenses of information technology modernization, including development
and deployment of a Next Generation of Voucher Management System and
development and deployment of modernized Federal Housing Administration
systems, $71,000,000, to remain available until September 30, 2013:
Provided, That not more than 35 percent of the funds made available for
information technology modernization may be obligated until the
Secretary submits to the Committees on Appropriations a plan for
expenditure that (1) identifies for each modernization project (A) the
functional and performance capabilities to be delivered and the mission
benefits to be realized, (B) the estimated lifecycle cost, and (C) key
milestones to be met; (2) demonstrates that each modernization project
is (A) compliant with the Department's enterprise architecture, (B)
being managed in accordance with applicable lifecycle management
policies and guidance, (C) subject to the Department's capital planning
and investment control requirements, and (D) supported by an adequately
staffed project office; and (3) has been reviewed by the Government
Accountability Office. In addition, of the amounts made available in
this division under each of the following headings under this title,
the Secretary may transfer to, and merge with, this account up to 1
percent from each such account, and such transferred amounts shall be
available until September 30, 2013, for (1) research, evaluation, and
program metrics; (2) program demonstrations; (3) technical assistance
and capacity building; and (4) information technology: `Revitalization
of Severely Distressed Public Housing', `Section 108 Loan Guarantees',
`Housing Opportunities for Persons With AIDS', `Community Development
Fund', `HOME Investment Partnerships Program', `Self-Help and Assisted
Homeownership Opportunity Program', `Housing for the Elderly', `Housing
for Persons With Disabilities', `Payment to Manufactured Housing Fees
Trust Fund', `Mutual Mortgage Insurance Program Account', `General and
Special Risk Program Account', `Research and Technology', `Lead Hazard
Reduction', `Rental Housing Assistance', and `Fair Housing Activities':
Provided further, That of the amounts made available under this
heading, not less than $45,000,000 shall be available for technical
assistance and capacity building: Provided further, That technical
assistance activities shall include, technical assistance for HUD
programs, including HOME, Community Development Block Grant, homeless
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher
Program, Fair Housing Initiative Program, Housing Counseling, Healthy
Homes, Sustainable Communities, Energy Innovation Fund and other
technical assistance as determined by the Secretary: Provided further,
That any amounts available for research, evaluation, and program
metrics and program demonstrations shall be used to complete ongoing
projects, evaluations, and assessments: Provided further, That the
Secretary shall submit a plan to the House and Senate Committees on
Appropriations for approval detailing how the funding provided under
this section will be allocated to each of the four categories
identified under this section and for what projects or activities
funding will be used: Provided further, That following the initial
approval of this plan, the Secretary may amend the plan with the
approval of the House and Senate Committees on Appropriations.''.
Sec. 2260. Notwithstanding section 1101, the level for ``National
Railroad Passenger Corporation, Office of Inspector General, Salaries
and Expenses'' shall be $19,350,000.
Sec. 2261. No rescission made in this title shall apply to any
amount previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 2262. None of the funds made available by this division may
be used to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury
assigned to the Presidential Task Force on the Auto Industry
and Senior Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2011''.
DIVISION C--SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT
SEC. 3001. SHORT TITLE.
This division may be cited as the ``Scholarships for Opportunity
and Results Act'' or the ``SOAR Act''.
SEC. 3002. FINDINGS.
Congress finds the following:
(1) Parents are best equipped to make decisions for their
children, including the educational setting that will best
serve the interests and educational needs of their child.
(2) For many parents in the District of Columbia, public
school choice provided under the Elementary and Secondary
Education Act of 1965, as well as under other public school
choice programs, is inadequate. More educational options are
needed to ensure all families in the District of Columbia have
access to a quality education. In particular, funds are needed
to provide low-income parents with enhanced public
opportunities and private educational environments, regardless
of whether such environments are secular or nonsecular.
(3) While the per student cost for students in the public
schools of the District of Columbia is one of the highest in
the United States, test scores for such students continue to be
among the lowest in the Nation. The National Assessment of
Educational Progress (NAEP), an annual report released by the
National Center for Education Statistics, reported in its 2009
study that students in the District of Columbia were being
outperformed by every State in the Nation. On the 2009 NAEP, 56
percent of fourth grade students scored ``below basic'' in
reading, and 44 percent scored ``below basic'' in mathematics.
Among eighth grade students, 49 percent scored ``below basic''
in reading and 60 percent scored ``below basic'' in
mathematics. On the 2009 NAEP reading assessment, only 17
percent of the District of Columbia fourth grade students could
read proficiently, while only 13 percent of the eighth grade
students scored at the proficient or advanced level.
(4) In 2003, Congress passed the DC School Choice Incentive
Act of 2003 (Public Law 108-199; 118 Stat. 126), to provide
opportunity scholarships to parents of students in the District
of Columbia to enable them to pursue a high-quality education
at a public or private elementary or secondary school of their
choice. The DC Opportunity Scholarship Program (DC OSP) under
such Act was part of a comprehensive 3-part funding arrangement
that also included additional funds for the District of
Columbia public schools, and additional funds for public
charter schools of the District of Columbia. The intent of the
approach was to ensure that progress would continue to be made
to improve public schools and public charter schools, and that
funding for the opportunity scholarship program would not lead
to a reduction in funding for the District of Columbia public
and charter schools. Resources would be available for a variety
of educational options that would give families in the District
of Columbia a range of choices with regard to the education of
their children.
(5) The DC OSP was established in accordance with the
Supreme Court decision, Zelman v. Simmons-Harris, 536 U.S. 639
(2002), which found that a program enacted for the valid
secular purpose of providing educational assistance to low-
income children in a demonstrably failing public school system
is constitutional if it is neutral with respect to religion and
provides assistance to a broad class of citizens who direct
government aid to religious and secular schools solely as a
result of their genuine and independent private choices.
(6) Since the inception of the DC OSP, it has consistently
been oversubscribed. Parents express strong support for the
opportunity scholarship program. Rigorous studies of the
program by the Institute of Education Sciences have shown
significant improvements in parental satisfaction and in
reading scores that are more dramatic when only those students
consistently using the scholarships are considered. The program
also was found to result in significantly higher graduation
rates for DC OSP students.
(7) The DC OSP is a program that offers families in need,
in the District of Columbia, important alternatives while
public schools are improved. This program should be
reauthorized as 1 of a 3-part comprehensive funding strategy
for the District of Columbia school system that provides new
and equal funding for public schools, public charter schools,
and opportunity scholarships for students to attend private
schools.
SEC. 3003. PURPOSE.
The purpose of this division is to provide low-income parents
residing in the District of Columbia, particularly parents of students
who attend elementary schools or secondary schools identified for
improvement, corrective action, or restructuring under section 1116 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316),
with expanded opportunities for enrolling their children in other
schools in the District of Columbia, at least until the public schools
in the District of Columbia have adequately addressed shortfalls in
health, safety, and security, and the students in the District of
Columbia public schools are testing in mathematics and reading at or
above the national average.
SEC. 3004. GENERAL AUTHORITY.
(a) Opportunity Scholarships.--
(1) In general.--From funds appropriated under section
3014(a)(1), the Secretary shall award grants on a competitive
basis to eligible entities with approved applications under
section 3005 to carry out a program to provide eligible
students with expanded school choice opportunities. The
Secretary may award a single grant or multiple grants,
depending on the quality of applications submitted and the
priorities of this division.
(2) Duration of grants.--The Secretary may make grants
under this subsection for a period of not more than 5 years.
(b) DC Public Schools and Charter Schools.--From funds appropriated
under paragraphs (2) and (3) of section 3014(a), the Secretary shall
provide funds to the Mayor of the District of Columbia, if the Mayor
agrees to the requirements described in section 3011(a), for--
(1) the District of Columbia public schools to improve
public education in the District of Columbia; and
(2) the District of Columbia public charter schools to
improve and expand quality public charter schools in the
District of Columbia.
SEC. 3005. APPLICATIONS.
(a) In General.--In order to receive a grant under section 3004(a),
an eligible entity shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
(b) Contents.--The Secretary may not approve the request of an
eligible entity for a grant under section 3004(a) unless the entity's
application includes--
(1) a detailed description of--
(A) how the entity will address the priorities
described in section 3006;
(B) how the entity will ensure that if more
eligible students seek admission in the program of the
entity than the program can accommodate, eligible
students are selected for admission through a random
selection process which gives weight to the priorities
described in section 3006;
(C) how the entity will ensure that if more
participating eligible students seek admission to a
participating school than the school can accommodate,
participating eligible students are selected for
admission through a random selection process;
(D) how the entity will notify parents of eligible
students of the expanded choice opportunities in order
to allow the parents to make informed decisions;
(E) the activities that the entity will carry out
to provide parents of eligible students with expanded
choice opportunities through the awarding of
scholarships under section 3007(a);
(F) how the entity will determine the amount that
will be provided to parents under section 3007(a)(2)
for the payment of tuition, fees, and transportation
expenses, if any;
(G) how the entity will seek out private elementary
schools and secondary schools in the District of
Columbia to participate in the program;
(H) how the entity will ensure that each
participating school will meet the reporting and other
program requirements under this division;
(I) how the entity will ensure that participating
schools submit to site visits by the entity as
determined to be necessary by the entity, except that a
participating school may not be required to submit to
more than 1 site visit per school year;
(J) how the entity will ensure that participating
schools are financially responsible and will use the
funds received under section 3007 effectively;
(K) how the entity will address the renewal of
scholarships to participating eligible students,
including continued eligibility; and
(L) how the entity will ensure that a majority of
its voting board members or governing organization are
residents of the District of Columbia; and
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section
3009(a).
SEC. 3006. PRIORITIES.
In awarding grants under section 3004(a), the Secretary shall give
priority to applications from eligible entities that will most
effectively--
(1) in awarding scholarships under section 3007(a), give
priority to--
(A) eligible students who, in the school year
preceding the school year for which the eligible
students are seeking a scholarship, attended an
elementary school or secondary school identified for
improvement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316);
(B) students who have been awarded a scholarship in
a preceding year under this division or the DC School
Choice Incentive Act of 2003 (sec. 38-1851.01 et seq.,
D.C. Official Code), as such Act was in effect on the
day before the date of the enactment of this division,
but who have not used the scholarship, including
eligible students who were provided notification of
selection for a scholarship for school year 2009-2010,
which was later rescinded in accordance with direction
from the Secretary of Education; and
(C) students whose household includes a sibling or
other child who is already participating in the program
of the eligible entity under this division, regardless
of whether such students have, in the past, been
assigned as members of a control study group for the
purposes of an evaluation under section 3009(a);
(2) target resources to students and families that lack the
financial resources to take advantage of available educational
options; and
(3) provide students and families with the widest range of
educational options.
SEC. 3007. USE OF FUNDS.
(a) Opportunity Scholarships.--
(1) In general.--Subject to paragraphs (2) and (3), an
eligible entity receiving a grant under section 3004(a) shall
use the grant funds to provide eligible students with
scholarships to pay the tuition, fees, and transportation
expenses, if any, to enable the eligible students to attend the
District of Columbia private elementary school or secondary
school of their choice beginning in school year 2011-2012. Each
such eligible entity shall ensure that the amount of any
tuition or fees charged by a school participating in such
entity's program under this division to an eligible student
participating in the program does not exceed the amount of
tuition or fees that the school charges to students who do not
participate in the program.
(2) Payments to parents.--An eligible entity receiving a
grant under section 3004(a) shall make scholarship payments
under the entity's program under this division to the parent of
the eligible student participating in the program, in a manner
which ensures that such payments will be used for the payment
of tuition, fees, and transportation expenses (if any), in
accordance with this division.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to the
other requirements of this section, an eligible entity
receiving a grant under section 3004(a) may award
scholarships in larger amounts to those eligible
students with the greatest need.
(B) Annual limit on amount.--
(i) Limit for school year 2011-2012.--The
amount of assistance provided to any eligible
student by an eligible entity under the
entity's program under this division for school
year 2011-2012 may not exceed--
(I) $8,000 for attendance in
kindergarten through grade 8; and
(II) $12,000 for attendance in
grades 9 through 12.
(ii) Cumulative inflation adjustment.--
Beginning with school year 2012-2013, the
Secretary shall adjust the maximum amounts of
assistance described in clause (i) for
inflation, as measured by the percentage
increase, if any, from the preceding fiscal
year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
(4) Participating school requirements.--None of the funds
provided under this division for opportunity scholarships may
be used by an eligible student to enroll in a participating
private school unless the participating school--
(A) has and maintains a valid certificate of
occupancy issued by the District of Columbia;
(B) makes readily available to all prospective
students information on its school accreditation;
(C) in the case of a school that has been operating
for 5 years or less, submits to the eligible entity
administering the program proof of adequate financial
resources reflecting the financial sustainability of
the school and the school's ability to be in operation
through the school year;
(D) agrees to submit to site visits as determined
to be necessary by the eligible entity pursuant to
section 3005(b)(1)(I);
(E) has financial systems, controls, policies, and
procedures to ensure that funds are used according to
this division; and
(F) ensures that each teacher of core subject
matter in the school has a baccalaureate degree or
equivalent degree, whether such degree was awarded in
or outside of the United States.
(b) Administrative Expenses.--An eligible entity receiving a grant
under section 3004(a) may use not more than 3 percent of the amount
provided under the grant each year for the administrative expenses of
carrying out its program under this division during the year,
including--
(1) determining the eligibility of students to participate;
(2) selecting eligible students to receive scholarships;
(3) determining the amount of scholarships and issuing the
scholarships to eligible students;
(4) compiling and maintaining financial and programmatic
records; and
(5) conducting site visits as described in section
3005(b)(1)(I).
(c) Parental Assistance.--An eligible entity receiving a grant
under section 3004(a) may use not more than 2 percent of the amount
provided under the grant each year for the expenses of educating
parents about the entity's program under this division, and assisting
parents through the application process, under this division,
including--
(1) providing information about the program and the
participating schools to parents of eligible students;
(2) providing funds to assist parents of students in
meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
(3) streamlining the application process for parents.
(d) Student Academic Assistance.--An eligible entity receiving a
grant under section 3004(a) may use not more than 1 percent of the
amount provided under the grant each year for expenses to provide
tutoring services to participating eligible students that need
additional academic assistance. If there are insufficient funds to
provide tutoring services to all such students in a year, the eligible
entity shall give priority in such year to students who previously
attended an elementary school or secondary school that was identified
for improvement, corrective action, or restructuring under section 1116
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316).
SEC. 3008. NONDISCRIMINATION AND OTHER REQUIREMENTS FOR PARTICIPATING
SCHOOLS.
(a) In General.--An eligible entity or a school participating in
any program under this division shall not discriminate against program
participants or applicants on the basis of race, color, national
origin, religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or Activities.--
(1) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination in subsection (a)
shall not apply to a participating school that is operated by,
supervised by, controlled by, or connected to a religious
organization to the extent that the application of subsection
(a) is inconsistent with the religious tenets or beliefs of the
school.
(2) Single sex schools, classes, or activities.--
Notwithstanding subsection (a) or any other provision of law, a
parent may choose and a school may offer a single sex school,
class, or activity.
(3) Applicability.--For purposes of this division, the
provisions of section 909 of the Education Amendments of 1972
(20 U.S.C. 1688) shall apply to this division as if section 909
of the Education Amendments of 1972 (20 U.S.C. 1688) were part
of this division.
(c) Children With Disabilities.--Nothing in this division may be
construed to alter or modify the provisions of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of
law, a school participating in any program under this division
that is operated by, supervised by, controlled by, or connected
to, a religious organization may exercise its right in matters
of employment consistent with title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions
in such title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this division to
eligible students, which are used at a participating school as
a result of their parents' choice, shall not, consistent with
the first amendment of the Constitution, necessitate any change
in the participating school's teaching mission, require any
participating school to remove religious art, icons,
scriptures, or other symbols, or preclude any participating
school from retaining religious terms in its name, selecting
its board members on a religious basis, or including religious
references in its mission statements and other chartering or
governing documents.
(e) Rule of Construction.--A scholarship (or any other form of
support provided to parents of eligible students) under this division
shall be considered assistance to the student and shall not be
considered assistance to the school that enrolls the eligible student.
The amount of any scholarship (or other form of support provided to
parents of an eligible student) under this division shall not be
treated as income of the child or his or her parents for purposes of
Federal tax laws or for determining eligibility for any other Federal
program.
(f) Requests for Data and Information.--Each school participating
in a program funded under this division shall comply with all requests
for data and information regarding evaluations conducted under section
3009(a).
(g) Rules of Conduct and Other School Policies.--A participating
school, including the schools described in subsection (d), may require
eligible students to abide by any rules of conduct and other
requirements applicable to all other students at the school.
(h) Nationally Norm-Referenced Standardized Tests.--
(1) In general.--Each participating school shall comply
with any testing requirements determined to be necessary for
evaluation under section 3009(a)(2)(A)(i).
(2) Make-up session.--If a participating school does not
administer a nationally norm-referenced standardized test or
the Institute of Education Sciences does not receive data on a
student who is receiving an opportunity scholarship, then the
Secretary (through the Institute of Education Sciences of the
Department of Education) shall administer such test at least
one time during a school year for each student receiving an
opportunity scholarship.
SEC. 3009. EVALUATIONS.
(a) In General.--
(1) Duties of the secretary and the mayor.--The Secretary
and the Mayor of the District of Columbia shall--
(A) jointly enter into an agreement with the
Institute of Education Sciences of the Department of
Education to evaluate annually the performance of
students who received scholarships under the 5-year
program under this division;
(B) jointly enter into an agreement to monitor and
evaluate the use of funds authorized and appropriated
for the District of Columbia public schools and the
District of Columbia public charter schools under this
division; and
(C) make the evaluations described in subparagraphs
(A) and (B) public in accordance with subsection (c).
(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
(A) ensure that the evaluation under paragraph
(1)(A)--
(i) is conducted using the strongest
possible research design for determining the
effectiveness of the opportunity scholarship
program under this division; and
(ii) addresses the issues described in
paragraph (4); and
(B) disseminate information on the impact of the
program--
(i) in increasing the academic growth and
achievement of participating eligible students;
and
(ii) on students and schools in the
District of Columbia.
(3) Duties of the institute of education sciences.--The
Institute of Education Sciences of the Department of Education
shall--
(A) use a grade appropriate, nationally norm-
referenced standardized test each school year to assess
participating eligible students;
(B) measure the academic achievement of all
participating eligible students; and
(C) work with the eligible entities to ensure that
the parents of each student who applies for a
scholarship under this division (regardless of whether
the student receives the scholarship) and the parents
of each student participating in the scholarship
program under this division, agree that the student
will participate in the measurements given annually by
the Institute of Educational Sciences for the period
for which the student applied for or received the
scholarship, respectively, except that nothing in this
subparagraph shall affect a student's priority for an
opportunity scholarship as provided under section 3006.
(4) Issues to be evaluated.--The issues to be evaluated
under paragraph (1)(A) shall include the following:
(A) A comparison of the academic growth and
achievement of participating eligible students in the
measurements described in paragraph (3) to the academic
growth and achievement of the eligible students in the
same grades who sought to participate in the
scholarship program under this division but were not
selected.
(B) The success of the program in expanding choice
options for parents of participating eligible students,
improving parental and student satisfaction of such
parents and students, respectively, and increasing
parental involvement of such parents in the education
of their children.
(C) The reasons parents of participating eligible
students choose for their children to participate in
the program, including important characteristics for
selecting schools.
(D) A comparison of the retention rates, high
school graduation rates, and college admission rates of
participating eligible students with the retention
rates, high school graduation rates, and college
admission rates of students of similar backgrounds who
do not participate in such program.
(E) A comparison of the safety of the schools
attended by participating eligible students and the
schools in the District of Columbia attended by
students who do not participate in the program, based
on the perceptions of the students and parents.
(F) Such other issues with respect to participating
eligible students as the Secretary considers
appropriate for inclusion in the evaluation, such as
the impact of the program on public elementary schools
and secondary schools in the District of Columbia.
(G) An analysis of the issues described in
subparagraphs (A) through (F) by applying such
subparagraphs by substituting ``the subgroup of
participating eligible students who have used each
opportunity scholarship awarded to such students under
this division to attend a participating school'' for
``participating eligible students'' each place such
term appears.
(5) Prohibition.--Personally identifiable information
regarding the results of the measurements used for the
evaluations may not be disclosed, except to the parents of the
student to whom the information relates.
(b) Reports.--The Secretary shall submit to the Committees on
Appropriations, Education and the Workforce, and Oversight and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Homeland
Security and Governmental Affairs of the Senate--
(1) annual interim reports, not later than April 1 of the
year following the year of the date of enactment of this
division, and each subsequent year through the year in which
the final report is submitted under paragraph (2), on the
progress and preliminary results of the evaluation of the
opportunity scholarship program funded under this division; and
(2) a final report, not later than 1 year after the final
year for which a grant is made under section 3004(a), on the
results of the evaluation of the program.
(c) Public Availability.--All reports and underlying data gathered
pursuant to this section shall be made available to the public upon
request, in a timely manner following submission of the applicable
report under subsection (b), except that personally identifiable
information shall not be disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the Secretary
to carry out this section for any fiscal year may not exceed 5 percent
of the total amount appropriated under section 3014(a)(1) for the
fiscal year.
SEC. 3010. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each eligible entity receiving funds under
section 3004(a) during a year shall submit a report to the Secretary
not later than July 30 of the following year regarding the activities
carried out with the funds during the preceding year.
(b) Achievement Reports.--
(1) In general.--In addition to the reports required under
subsection (a), each eligible entity receiving funds under
section 3004(a) shall, not later than September 1 of the year
during which the second school year of the entity's program is
completed and each of the next 2 years thereafter, submit to
the Secretary a report, including any pertinent data collected
in the preceding 2 school years, concerning--
(A) the academic growth and achievement of students
participating in the program;
(B) the high school graduation and college
admission rates of students who participate in the
program, where appropriate; and
(C) parental satisfaction with the program.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information.
(c) Reports to Parents.--
(1) In general.--Each eligible entity receiving funds under
section 3004(a) shall ensure that each school participating in
the entity's program under this division during a school year
reports at least once during the year to the parents of each of
the school's students who are participating in the program on--
(A) the student's academic achievement, as measured
by a comparison with the aggregate academic achievement
of other participating students at the student's school
in the same grade or level, as appropriate, and the
aggregate academic achievement of the student's peers
at the student's school in the same grade or level, as
appropriate;
(B) the safety of the school, including the
incidence of school violence, student suspensions, and
student expulsions; and
(C) the accreditation status of the school.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information, except as to the student who is the
subject of the report to that student's parent.
(d) Report to Congress.--Not later than 6 months after the first
appropriation of funds under section 3014, and each succeeding year
thereafter, the Secretary shall submit to the Committees on
Appropriations, Education and the Workforce, and Oversight and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Homeland
Security and Governmental Affairs of the Senate, an annual report on
the findings of the reports submitted under subsections (a) and (b).
SEC. 3011. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS.
(a) Condition of Receipt of Funds.--As a condition of receiving
funds under this division on behalf of the District of Columbia public
schools and the District of Columbia public charter schools, the Mayor
shall agree to carry out the following:
(1) Information requests.--Ensure that all the District of
Columbia public schools and the District of Columbia public
charter schools comply with all reasonable requests for
information for purposes of the evaluation under section
3009(a).
(2) Agreement with the secretary.--Enter into the agreement
described in section 3009(a)(1)(B) to monitor and evaluate the
use of funds authorized and appropriated for the District of
Columbia public schools and the District of Columbia public
charter schools under this division.
(3) Submission of report.--Not later than 6 months after
the first appropriation of funds under section 3014, and each
succeeding year thereafter, submit to the Committee on
Appropriations, the Committee on Education and the Workforce,
and the Committee on Oversight and Government Reform of the
House of Representatives, and the Committee on Appropriations,
the Committee on Health, Education, Labor, and Pensions, and
the Committee on Homeland Security and Governmental Affairs of
the Senate, information on--
(A) how the funds authorized and appropriated under
this division for the District of Columbia public
schools and the District of Columbia public charter
schools were used in the preceding school year; and
(B) how such funds are contributing to student
achievement.
(b) Enforcement.--If, after reasonable notice and an opportunity
for a hearing for the Mayor, the Secretary determines that the Mayor
has not been in compliance with 1 or more of the requirements described
in subsection (a), the Secretary may withhold from the Mayor, in whole
or in part, further funds under this division for the District of
Columbia public schools and the District of Columbia public charter
schools.
(c) Rule of Construction.--Nothing in this section shall be
construed to reduce, or otherwise affect, funding provided under this
division for the opportunity scholarship program under this division.
SEC. 3012. TRANSITION PROVISIONS.
(a) Repeal.--The DC School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code) is repealed.
(b) Special Rules.--Notwithstanding any other provision of law--
(1) funding appropriated to provide opportunity
scholarships for students in the District of Columbia under the
heading ``Federal Payment for School Improvement'' in title IV
of division D of the Omnibus Appropriations Act, 2009 (Public
Law 111-8; 123 Stat. 653), the heading ``Federal Payment for
School Improvement'' in title IV of division C of the
Consolidated Appropriations Act, 2010 (Public Law 111-117; 123
Stat. 3181), or any other Act, may be used to provide
opportunity scholarships under section 3007(a) for the 2011-
2012 school year to students who have not previously received
such scholarships;
(2) the fourth and fifth provisos under the heading
``Federal Payment for School Improvement'' of title IV of
Division C of the Consolidated Appropriations Act, 2010 (Public
Law 111-117; 123 Stat. 3181) shall not apply; and
(3) any unobligated amounts reserved to carry out the
provisos described in paragraph (2) shall be made available to
an eligible entity receiving a grant under section 3004(a)--
(A) for administrative expenses described in
section 3007(b); or
(B) to provide opportunity scholarships under
section 3007(a), including to provide such scholarships
for the 2011-2012 school year to students who have not
previously received such scholarships.
(c) Multiyear Awards.--The recipient of a grant or contract under
the DC School Choice Incentive Act of 2003 (sec. 38-1851.01 et seq.,
D.C. Official Code), as such Act was in effect on the day before the
date of the enactment of this division, shall continue to receive funds
in accordance with the terms and conditions of such grant or contract,
except that--
(1) the provisos relating to opportunity scholarships in
the Acts described in subsection (b)(1) shall not apply; and
(2) the memorandum of understanding described in subsection
(d), including any revision made under such subsection, shall
apply.
(d) Memorandum of Understanding.--The Secretary and the Mayor of
the District of Columbia shall revise the memorandum of understanding
entered into under the DC School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code), as such Act was in effect on the
day before the date of the enactment of this division, to address--
(1) the implementation of the opportunity scholarship
program under this division; and
(2) how the Mayor will ensure that the District of Columbia
public schools and the District of Columbia public charter
schools comply with all the reasonable requests for information
as necessary to fulfill the requirements for evaluations
conducted under section 3009(a).
(e) Orderly Transition.--Subject to subsections (c) and (d), the
Secretary shall take such steps as the Secretary determines to be
appropriate to provide for the orderly transition to the authority of
this division from any authority under the provisions of the DC School
Choice Incentive Act of 2003 (sec. 38-1851.01 et seq., D.C. Official
Code), as such Act was in effect on the day before the date of
enactment of this division.
SEC. 3013. DEFINITIONS.
As used in this division:
(1) Elementary school.--The term ``elementary school''
means an institutional day or residential school, including a
public elementary charter school, that provides elementary
education, as determined under District of Columbia law.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A nonprofit organization.
(B) A consortium of nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means
a student who is a resident of the District of Columbia and
comes from a household--
(A) receiving assistance under the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(B) whose income does not exceed--
(i) 185 percent of the poverty line; or
(ii) in the case of a student participating
in the opportunity scholarship program in the
preceding year under this division or the DC
School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code), as such
Act was in effect on the day before the date of
enactment of this division, 300 percent of the
poverty line.
(4) Mayor.--The term ``Mayor'' means the Mayor of the
District of Columbia.
(5) Parent.--The term ``parent'' has the meaning given that
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(6) Participating eligible student.--The term
``participating eligible student'' means an eligible student
awarded an opportunity scholarship under this division, without
regard to whether the student uses the scholarship to attend a
participating school.
(7) Participating school.--The term ``participating
school'' means a private elementary school or secondary school
participating in the opportunity scholarship program of an
eligible entity under this division.
(8) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(9) Secondary school.--The term ``secondary school'' means
an institutional day or residential school, including a public
secondary charter school, that provides secondary education, as
determined under District of Columbia law, except that the term
does not include any education beyond grade 12.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3014. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 2012 and for each of the 4 succeeding
fiscal years, of which--
(1) one-third shall be made available to carry out the
opportunity scholarship program under this division for each
fiscal year;
(2) one-third shall be made available to carry out section
3004(b)(1) for each fiscal year; and
(3) one-third shall be made available to carry out section
3004(b)(2) for each fiscal year.
(b) Apportionment.--If the total amount of funds appropriated under
subsection (a) for a fiscal year does not equal $60,000,000, the funds
shall be apportioned in the manner described in subsection (a) for such
fiscal year.
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