Congressional Record (Bound Edition), Volume 156 (2010), Part 14 - Congressional Record (Bound Edition), Volume 156 for December 14, 2010

[Congressional Record (Bound Edition), Volume 156 (2010), Part 14]
[Issue]
[Pages 19745-21099]
[From the U.S. Government Publishing Office, www.gpo.gov]

[[Page 19745]]

HOUSE OF REPRESENTATIVES--Tuesday, December 14, 2010

The House met at 12:30 p.m. and was called to order by the Speaker
pro tempore (Mr. Peters).

____________________

DESIGNATION OF SPEAKER PRO TEMPORE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

Washington, DC,

December 14, 2010.
I hereby appoint the Honorable Gary C. Peters to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.

____________________

MORNING-HOUR DEBATE

The SPEAKER pro tempore. Pursuant to the order of the House of
January 6, 2009, the Chair will now recognize Members from lists
submitted by the majority and minority leaders for morning-hour debate.
The Chair will alternate recognition between the parties, with each
party limited to 30 minutes and each Member, other than the majority
and minority leaders and the minority whip, limited to 5 minutes.

____________________

COMPROMISE TAX CUT PROPOSAL

The SPEAKER pro tempore. The Chair recognizes the gentleman from
Oregon (Mr. DeFazio) for 5 minutes.
Mr. DeFAZIO. Well, the Senate has acted on the so-called tax cut
proposal. They acted the way the Senate usually acts when confronted
with a problem; they added ornaments to the Christmas tree. They
actually increased the cost.
This legislation will cost $858 billion over 2 years. That is bigger
than the much-reviled stimulus passed in the beginning of the Obama
Presidency: $858 billion. That will add approximately $430 billion a
year to the deficit for the next 2 years. That is $430 billion more
borrowed, probably from China.
Now, the question is: Is this the best possible use of this money?
Will this put America and Americans back to work and get us more firmly
on the path to recovery? I think not. I think much of this money is
wasted and will create zero jobs.
Now, if you think that the Bush-era tax cuts worked well--they didn't
create any jobs, but if for some reason you think they worked well--
then you are going to like this. In fact, it is even a bigger giveaway
than the Bush-era tax cuts. Or if you think the $300 billion of the so-
called stimulus that the President gave away in tax cuts, the Larry
Summers tax cuts that were so small that no one would notice and they
would just spend them on consumer goods--bad politics, bad economics,
didn't put anybody back to work, to get three Republican votes, that is
why that $300 billion went in there, and bumped out real investment
that would have created immediate and real jobs and long-term
benefits--no, instead we had ephemeral spending. That was supposed to
put Americans back to work.
If you liked that, you are going to love this. It has new provisions.
One, instead of President Obama's ``making work pay'' tax cuts, now we
are going to attack Social Security. That is right, the Republicans are
getting their dreams here.
We are going to give a tax holiday of 2 percent on Social Security.
Isn't that great? It goes to any income level. That means Members of
Congress will get a minimum of a $2,100 tax break, as will other people
who do very well in this country.
But, don't worry, that that would kind of hurt Social Security, to
cut its income by $111 billion next year. It would accelerate the point
at which it couldn't pay benefits. But, don't worry, we will borrow the
money from China, and we will inject it into the Social Security trust
fund, tearing down the firewall between the general fund and Social
Security.
Next year the Republicans are going to say to the President, Hey, you
can't let that tax cut for working people, that FICA holiday, expire.
And, oh, by the way, we can't afford to subsidize Social Security
anymore out of the general fund.
This is a trap, and that kind of a tax cut is not going to put people
back to work.
Then we have the tax cuts for the upper income, $51 billion for
incomes above $250,000. Now, remember, up to $250,000, everybody under
what President Obama first proposed would get a tax break. It is only
your income over 250 that would be taxed at the Clinton-era rates. And
guess what happened during the Clinton era? We balanced the budget, and
we created 23 million jobs. Not too bad. Now we have record deficits,
and we are creating an anemic number of jobs.
They estimate this package might create between 1 million and 3
million jobs, or save them, or later they will say it could have been
worse, just like they did with the stimulus. If we directly invested a
fraction of this $858 billion in roads, bridges, highways, sewers,
water systems, building schools, things that would pass benefits to
future generations, we could create millions of jobs and you would have
gotten something for your money, other than current consumption.
Then, how about this new provision, estates over $10 million? Now,
the media keeps saying $5 million. No, it is 5 and 5, husband and wife,
$10 million of an estate tax-free, and after that a lower tax break.
That costs $10 billion a year.
We are going to borrow $10 billion a year, all the American people
are going to borrow that money, to give 6,000 families a tax break, who
are already doing quite well, thank you very much. How many jobs will
that create? Zero. Goose egg. None. It isn't about small business
anymore. We are talking estates over $10 million.
Then we are going to continue the Bush-era reductions in capital
gains and dividend taxes, which go predominantly to the highest income
brackets, under the premise that those things too create jobs. If this
is a job creator, it is the least efficient, lamest way to create jobs
at unbelievable expense.
If we want to create jobs, there are better ways to do it; or if you
want to do the tax relief, you could do it for much less. If you cut
out the upper income, over $250,000, the estates over $10 million, look
at capital gains, dividends, don't do the FICA tax, or at least cap it
so people at levels of Members of Congress don't get it, we could do
this for less and put more people to work.

____________________

COSTS TOO HIGH FOR WAR IN AFGHANISTAN

The SPEAKER pro tempore. The Chair recognizes the gentleman from
Massachusetts (Mr. McGovern) for 5 minutes.
Mr. McGOVERN. Mr. Speaker, the recent congressional elections here in
the United States focused on many issues, but the war in Afghanistan
was not one of them.
There is no draft in this country. We have an all-volunteer Armed
Forces. Only a small percentage of our population is at risk. And no
one is paying for the war. It is all going on America's credit card. We
are borrowing all the money to pay for this war. So, why should anyone
pay attention?
I believe, Mr. Speaker, that we must pay more attention. There is
absolutely no excuse for our collective indifference. At 109 months,
this is the

[[Page 19746]]

longest war in our history. Over 1,400 of our uniformed men and women
have lost their lives in Afghanistan. Over 8,700 have been wounded in
action.
High levels of deployment continue to strain our uniformed men and
women, their families and their communities. In spite of the military's
best efforts, suicide and post-traumatic stress rates continue to soar
and our ability to care for the wounded is severely overburdened.
The ability of individual servicemembers and their units to rest,
recuperate, retrain and reequip themselves for redeployment is
stretched beyond its limits. And in Afghanistan, our so-called ally,
President Hamad Karzai, is corrupt. The Afghan military and the police
are not reliable partners and al Qaeda is someplace else.
A few weeks ago, President Obama told us we are in Afghanistan for at
least another 4 years, maybe more. The question is, for what? Why do we
need to sacrifice more precious American lives? Why do we need to
continue to align ourselves with a crooked government that routinely
commits fraud in elections? Why aren't we instead using all of our
resources to go after the terrorists that murdered so many of our
civilians on September 11?
The Republicans won back the majority of the House by promising to
control spending and reducing the deficit. This war has already cost us
over $450 billion. When combined with the cost of the war in Iraq, it
accounts for 23 percent of our combined deficits since 2003.
Where is the outcry from the tea partiers and the deficit hawks?
Fiscal conservatives should be outraged that this war is being financed
with borrowed money. And for those who support the war, you should pay
for it. And where is the liberal outrage? For those of us who are tired
of being told that we don't have enough money to extend unemployment
benefits or invest in green jobs or new jobs, we should be yelling and
screaming at the fact that when it comes to the war in Afghanistan and
supporting Hamad Karzai, our Treasury is an ATM machine.

{time} 1240

Let us put in perspective what this war truly costs and what we must
give up in order to maintain the status quo. According to Nobel
Laureate and Columbia University professor Joseph Stiglitz, testifying
before the House Veterans' Affairs Committee, the total cost of the
wars in Iraq and Afghanistan, including interest payments on the money
borrowed for these wars and taking care of our wounded soldiers and
veterans, will likely be between $4 trillion and $6 trillion. Yes, Mr.
Speaker, between $4 trillion and $6 trillion.
On Saturday, December 11, Mr. Speaker, another soldier from my
district sacrificed his life in Afghanistan. Army Specialist Ethan
Goncalo was just 21 years old when he died in Kabul. He is the third
graduate of Durfee High School in Fall River to die in uniform this
year, and the fourth servicemember from Fall River, a town of 90,000
residents. His loss is deeply felt in this tight-knit community, and my
thoughts and prayers are with his parents, family, friends, and
schoolmates.
Mr. Speaker, I believe the human and financial costs of this war are
unacceptable and unsustainable. It is bankrupting us. We need a plan to
extricate ourselves from Afghanistan, not a plan to stay there for 4
more years and ``then we'll see.'' This doesn't mean that we abandon
the Afghan people, Mr. Speaker. Rather, we should abandon this war
strategy. It hasn't brought stability to Afghanistan, and it is not
enhancing our own national security.
Ending war is politically difficult. It is easier for politicians to
``go along'' rather than make waves. But, Mr. Speaker, this isn't about
politics. It's about doing the right thing. And the right thing is to
end this war.

[From the Boston Globe, Dec. 14, 2010]

Wartime Losses Hit Hard in Tightknit Fall River

(By David Abel and John M. Guilfoil)

Fall River.--A week before Army Specialist Ethan Goncalo
was scheduled to speak at BMC Durfee High School, where he
had been an A student known for his fastball, the 21-year-old
died in Afghanistan.
He became the school's third graduate to die in uniform
this year and the fourth servicemember from Fall River.
In Massachusetts, only Boston, with six times the
population of Fall River, has lost more of its own in Iraq
and Afghanistan, according to icasualties.org, which tracks
military deaths.
``As a community, it's tough . . . very tough,'' principal
Paul Marshall said yesterday.
Marshall said the succession of deaths has made him wonder
whether it was wise for administrators to steer students into
the military.
``In time of peace, it's a great opportunity,'' he said.
``Kids can get their education paid for, but they are
literally putting their life on the line.''
Since the wars in Iraq and Afghanistan began, Fall River
has lost five servicemembers, and Boston has lost seven.
Goncalo, who was assigned to the First Battalion, 181st
Infantry Regiment in Worcester, died Saturday in Kabul of
injuries sustained in a noncombat-related incident, military
officials said.
In addition to Goncalo, Fall River has lost Army Private
Michael E. Bouthot, a 19-year-old who died in Iraq in 2006;
Army Sergeant Robert Barrett, a 21-year-old who died in
Afghanistan in April; Army Specialist Scott Andrews, also 21,
who was killed in June in Afghanistan; and Marine Corporal
Paul Fagundes, 29, who died July 4 while trying to rescue
fellow Marines drowning in a rip current off Guantanamo Bay.
Barrett and Fagundes were also Durfee graduates.
``It seems surreal that we would lose this many heroes,''
said Manuel DaPonte, director of veterans services in Fall
River, which has about 90,000 residents.
``It's really hard to believe. It doesn't seem real or fair
for so many people to die from a city our size.''
Mayor Will Flanagan said it was hard for him to imagine
attending his fourth military funeral this year, his first
term in office.
``It has had a toll on me,'' he said. ``This is a time for
me to reflect and to be there for the families and the city,
to honor any requests they have.''
He said the city has paid tribute to the fallen in parades
and through benefits. In addition, he said the city plans to
rename the reconstructed Brightman Street Bridge the
Veteran's Memorial Bridge when it is rededicated in the
spring.
``Fall River is a hard-working community, a patriotic
community, and our young men see the military as a way to
serve,'' said Flanagan. ``It provides them stability in their
lives and gives them an opportunity to further their
education and to earn an income.''
He added: ``We are deeply saddened by the loss, but these
young men paid the ultimate sacrifice for freedom and
democracy. Their losses are not in vain, and their memories
will not be forgotten.''
At Durfee yesterday, friends, coaches, and administrators
described Goncalo as a talented baseball player, a driven
student, and a good friend. He had agreed to address his
school during his upcoming leave.
Marshall said each of the young men who attended the 2,200-
student school was the kind of person you would want beside
you in a foxhole.
``They were stand-up kids,'' he said. ``The common thing is
that they made their commitment with their eyes wide open.''
He said Goncalo, who graduated from Durfee in 2008 after
transferring there a year earlier from Bishop Connolly High
School, fit in immediately. ``It felt like he was here for
four [years],'' Marshall said. ``He was that kind of kid.''
Brad Bustin, the varsity baseball coach at Durfee,
described Goncalo as ``dedicated, well-rounded, and a hard
worker.'' Goncalo was a utility player who caught and
pitched, with an arm strong enough to play outfield and a
glove good enough to play first base.
``He was a nice, nice kid, easy to get along with and liked
by all the other kids,'' Bustin said. ``He was just a happy
person, a happy kid, always smiling.''
The school put a large piece of paper in the school
cafeteria with several boxes of magic markers. Students
described Goncalo as a ``good man'' and a ``big brother.''
``You were a great teammate, friend, and an overall good
man,'' wrote one student, Nathan Farias. ``Thank you for all
you helped me with.''
Danielle Santos, another student, also thanked the fallen
soldier.
``You were the nicest guy and a great athlete,'' she wrote.
``You will be missed.''
Goncalo's relatives could not be reached yesterday and were
apparently heading to Dover Air Force Base in Delaware, where
his body was to be brought sometime today or tomorrow, city
officials said. The military did not release details about
his death.
On Goncalo's Facebook page, friends sang his praises.
Bryanna Rego, who attended Bishop Connolly High School with
Goncalo, recalled how he loved to goof around.
``Ethan was an amazing person,'' she wrote. ``. . . He made
an impact on so many people's lives, and his face will be
engraved in not only mine, but in the hearts of everyone who
knew him.''

[[Page 19747]]

____________________

RECESS

The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until 2 p.m. today.
Accordingly (at 12 o'clock and 42 minutes p.m.), the House stood in
recess until 2 p.m.

____________________

{time} 1400
AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Cummings) at 2 p.m.

____________________

PRAYER

The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Lord God, at this time when You desire to be close to Your people,
the truth of Isaiah, the prophet, frightens us. So we withdraw to a
more comfortable place, content with fictitious demands on our time.
You said to Isaiah:
``Since this people draws near with words only and honors Me with
their lips alone, their hearts are far from me. Their reverence for Me
has become routine observance.
``I will now deal with this people in surprising and wondrous
fashion.
``Woe to those who would hide their plans, thinking they are too deep
for the Lord; who work in the dark saying, Who sees us or who really
knows what we are about?''
It is time, Lord, to shake us from our stupor. Send forth Your word
to shatter our illusions and all our fears, both now and forever.
Amen.

____________________

THE JOURNAL

The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.

____________________

PLEDGE OF ALLEGIANCE

The SPEAKER pro tempore. Will the gentleman from Utah (Mr. Chaffetz)
come forward and lead the House in the Pledge of Allegiance.
Mr. CHAFFETZ led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

COMMUNICATION FROM THE HONORABLE BART STUPAK, MEMBER OF CONGRESS

The SPEAKER pro tempore laid before the House the following
communication from the Honorable Bart Stupak, Member of Congress:

House of Representatives,

Washington, DC, December 10, 2010.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: This is to notify you formally pursuant
to rule VIII of the Rules of the House of Representatives
that I have been served with a subpoena for testimony issued
by the United States District Court for the Eastern District
of Michigan.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Bart Stupak,
Member of Congress.

____________________

COMMUNICATION FROM CHIEF OF STAFF, THE HONORABLE BART STUPAK, MEMBER OF
CONGRESS

The SPEAKER pro tempore laid before the House the following
communication from Scott Schloegel, Chief of Staff, the Honorable Bart
Stupak, Member of Congress:

House of Representatives,

Scott Schloegel,

Chief of Staff,
Congressman Bart Stupak.

____________________

HEALTH CARE TAKEOVER UNCONSTITUTIONAL

(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. WILSON of South Carolina. Mr. Speaker, yesterday U.S. District
Judge Henry E. Hudson of Virginia struck down the individual mandate
within the health care takeover as unconstitutional. This job-killing
mandate infringes upon an individual's right to choose whether to
participate in the government takeover. The ruling affirms that this
legislation goes beyond the government's power to regulate interstate
commerce. Virginia Attorney General Ken Cuccinelli has taken the lead
protecting citizens' rights and has been joined by South Carolina
Attorney General Henry McMaster.
Americans should not be forced to purchase health insurance by the
Federal Government. Many small businesses cannot afford it. It is time
that Congress repeal the government takeover of health care and replace
it with a patient-centered program. This is the solution that provides
a viable answer to America's health care issues.
In conclusion, God bless our troops, and we will never forget
September the 11th in the global war on terrorism.

____________________

MEDIA COVERAGE OF DREAM ACT SHOWS BIAS

(Mr. SMITH of Texas asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. SMITH of Texas. Mr. Speaker, it is hard to imagine a worse
example of media bias than the national coverage of the so-called DREAM
Act. Seldom were the facts given to the American people.
The national media said it applied to ``65,000 youngsters.'' The
legislation actually would give amnesty to at least 1 million to 2
million illegal immigrants up to the age of 30. And no one in the
national media mentioned that no hearings had been held on the bill and
no committee had approved it.
The DREAM Act would mean fewer jobs for American workers, and the
Congressional Budget Office said it would cost taxpayers billions of
dollars. But you won't hear that from the national media.
Even if the national media won't, Congress should put the interests
of American workers and taxpayers first. That's what the last election
was all about.

____________________

PASSING OF AMBASSADOR RICHARD HOLBROOKE

(Mr. DREIER asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. DREIER. Mr. Speaker, the sudden and unexpected passing of
Ambassador Richard Holbrooke has been very, very sad news for
Americans, and it obviously has sent shock waves throughout the
international community.
Dick Holbrooke is someone with whom I was privileged to work on a
number of issues over the past decade and a half. And I will say that
he was known for being rough-and-tumble. He was described by one as
``the bulldozer diplomat.''
But I have to say that Dick Holbrooke was a true polyglot. He knew,
in dealing with diplomatic challenges, that it took different talents
and different styles. Regardless of where he was in the world, he was
able to apply his unique talents. I have to say that we worked together
on a number of very important issues.
As we look at the challenge that exists today in Afghanistan and
Pakistan, his passing will be a real loss for that effort. But his
passing should lead

[[Page 19748]]

us to redouble our commitment to pursue the goal that I believe Dick
Holbrooke always pursued, and that was for peace, stability, the rule
of law, and self-determination around the world.
Our thoughts and prayers go to his wife and two sons.

____________________

HONORING THE SERVICE AND SACRIFICE OF SERGEANT DAVID S. ROBINSON

(Mr. BOOZMAN asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. BOOZMAN. Mr. Speaker, I rise today to honor one of America's
bravest, Sergeant David Robinson of Fort Smith, Arkansas, who valiantly
sacrificed his life in support of combat missions in Afghanistan.
Service runs in Sergeant Robinson's family, with a grandfather who
served as a sharpshooter in the military. So, when at a young age he
told his mother he wanted to serve in the military, it was no surprise.
He followed in his grandfather's footsteps, going into the artillery
field when he joined the Army in 2004.
As a member of the 2nd Cavalry, he served as a gunner, a rifleman,
and an ammunitions handler. At the young age of 25, he already had
remarkable service to our Nation during his three tours: two in
Operation Iraqi Freedom and one in support of Operation Enduring
Freedom.
My prayers and the prayers of Arkansans are with Sergeant Robinson's
family, including his wife Heidi and three young children, Jerimy,
Tyler, and Madison. I humbly offer my thanks to Sergeant David
Robinson, a true American hero, for his selfless service to the
security and well-being of Americans, and I ask my colleagues to keep
his family in their thoughts and prayers during this very difficult
time.

____________________

{time} 1410
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote incurs objection under clause 6 of rule XX.
Record votes on postponed questions will be taken later.

____________________

99-YEAR TRIBAL LEASE AUTHORITY ACT

Mr. LARSEN of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (S. 1448) to amend the Act of August 9, 1955, to
authorize the Coquille Indian Tribe, the Confederated Tribes of Siletz
Indians, the Confederated Tribes of the Coos, Lower Umpqua, and
Siuslaw, the Klamath Tribes, and the Burns Paiute Tribe to obtain 99-
year lease authority for trust land.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 1448

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

SECTION 1. LEASES OF RESTRICTED LAND.

Subsection (a) of the first section of the Act of August 9,
1955 (25 U.S.C. 415(a)), is amended in the second sentence by
inserting ``land held in trust for the Coquille Indian Tribe,
land held in trust for the Confederated Tribes of Siletz
Indians, land held in trust for the Confederated Tribes of
the Coos, Lower Umpqua, and Siuslaw Indians, land held in
trust for the Klamath Tribes, and land held in trust for the
Burns Paiute Tribe,'' after ``lands held in trust for the
Confederated Tribes of the Warm Springs Reservation of
Oregon,''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Larsen) and the gentleman from Utah (Mr. Chaffetz) each
will control 20 minutes.
The Chair recognizes the gentleman from Washington.

General Leave

Mr. LARSEN of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. LARSEN of Washington. Mr. Speaker, I yield myself such time as I
may consume.
Under what is known as the Long Term Leasing Act, lands held in trust
for Indian tribes may be leased for a variety of purposes for a term of
no greater than 25 years, with an option for an additional 25 years if
approved by the Bureau of Indian Affairs.
Often, tribes find that in order to operate more efficiently and to
sustain economic development activities, they need to be able to lease
trust lands for longer periods. In fact, through various acts of
Congress, approximately 50 tribes have been granted the ability to
issue leases not to exceed 99 years.
The pending legislation would afford this extended leasing authority
to several tribes in the State of Oregon.
I want to commend our colleagues, Mr. DeFazio and Mr. Schrader from
Oregon, for their work in getting this bill to the floor. I ask Members
to support it.
I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
As a matter of policy, authorizing 99-year lease terms for tribes is
a means of increasing tribal independence from the Bureau of Indian
Affairs bureaucracy. Therefore, we have no objection to this bill.
Mr. FALEOMAVAEGA. Mr. Speaker, I rise in strong support of S. 1448,
legislation that will allow five Indian Tribes--the Coquille Indian
Tribe, the Confederated Tribes of Siletz Indians, the Confederated
Tribes of the Coos, Lower Umpqua, and Suislaw, the Klamath Tribes, and
the Burns Paiute Tribe--to enter into long-term leases for trust land.
First, I want to commend Senator Jeff Merkley for his leadership on
this issue. I also want to thank Senator Ron Wyden, Representative
Peter DeFazio, and Representative Kurt Schrader, for their support and
advocacy on behalf of the five Indian Tribes in the State of Oregon
that are the subject of this legislation.
Historically, since 1834, Congress prohibited land transactions with
Indian Tribes unless specifically permitted. In 1955, under the Long-
Term Leasing Act, Congress permitted the leasing of Indian lands, but
restricted the term of leases to no more than 25 years. Conditions for
economic development and business opportunities have changed
significantly and leases with terms of more than 25 years are now more
desirable. As a result, 50 Indian Tribes have already petitioned
Congress and have been granted authority to enter into long-term leases
through amendments to the Long-Term Leasing Act. Another bill, S. 2906,
to be considered later will add two more Indian Tribes from the State
of Washington. I want to register my support for these bills.
Extending the privileges of the Long-Term Leases Act to these Indian
Tribes is very important since economic development and business
opportunities underscore our government's longstanding responsibility
to the Indian Tribes. This longstanding responsibility is to provide
assistance to the Indian people in their efforts to break free from the
devastating effects of extreme poverty and unemployment and achieve
lasting economic self-sufficiency. Yet, high rates of unemployment and
poverty continue to exist among Indian Tribes. And one of the main
reasons has been the lack of effective control by the Indians over
their own lands and resources.
I urge my colleagues to support this important piece of legislation.
Mr. DeFAZIO. Mr. Speaker, S. 1448 is identical to legislation that I
introduced in the House of Representatives with Representative Schrader
in March. The bill accomplishes two things: (1) It corrects a disparity
between federally recognized tribes in Oregon in how these tribes lease
land held in trust, and (2) it incentivizes long-term investment that
will attract businesses and create jobs for Oregon tribes and nearby
communities.
Currently, four of the nine federally recognized tribes in Oregon are
able to lease land held in trust by the Federal Government for up to 99
years without going through a maze of bureaucracy and red tape at the
Bureau of Indian Affairs. The 99-year lease authority is crucial to
attracting and retaining long-term investment, incentivizing economic
development projects on trust land, and creating jobs for communities
that need them the most.
But five of Oregon's nine federally recognized tribes--the Coquille,
the Confederated

[[Page 19749]]

Tribes of the Siletz, the Confederated Tribes of the Coos, Lower
Umpqua, and Siuslaw, the Klamath, and the Burns Paiute do NOT have this
important authority. These tribes are limited to 25-year leases or must
rely on a lethargic BIA to approve longer leases on an individual
basis.
S. 1448 fixes this disparity and gives all nine federally recognized
tribes the same authority to pursue economic development and job-
creating activities on land held in trust.
The bill enjoys bipartisan support, has no opposition in the State of
Oregon, and passed the U.S. Senate without amendment and by unanimous
consent. This is a no-brainer. It's good for the Tribes. It's good for
rural and tribal communities. The bill will create jobs and incentivize
financial investment. I ask my colleagues to pass this bill today on
suspension and send it to President Obama for his signature.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of S. 1448,
which allows the Coquille Indian Tribe, the Confederated Tribes of
Siletz Indians, the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw, the Klamath Tribes, and the Burns Palute Tribe to obtain a 99-
year lease authority.
I thank Senator Merkley for introducing this legislation, and I also
thank Chairman Rahall for bringing this bill to the floor today.
This common sense legislation will allow these tribes in Oregon to
continue their lease authority for 99 years. The tribes will be
guaranteed to be able to live on their current land well into the next
century.
As a member of the Native American Caucus, I will continue to be an
advocate for Native Americans. My home state of California is home to
nearly 100 federally recognized tribes. I pledge to continue to work on
behalf of all Native Americans in this Congress and the 112th Congress.
Mr. Speaker, I urge my colleagues to join me in supporting S. 1448.
Mr. CHAFFETZ. Mr. Speaker, I yield back the balance of my time.
Mr. LARSEN of Washington. Mr. Speaker, again I want to urge our
colleagues to support S. 1448, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Larsen) that the House suspend the rules
and pass the bill, S. 1448.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________

MODIFYING TRIBAL LEASE PROVISIONS

Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 2906) to amend the Act of August 9, 1955, to modify a
provision relating to leases involving certain Indian tribes.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 2906

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

SECTION 1. LEASES INVOLVING CERTAIN INDIAN TRIBES.

The first section of the Act of August 9, 1955 (25 U.S.C.
415), is amended--
(1) in subsection (a), in the second sentence, by inserting
``and land held in trust for the Kalispel Tribe of Indians,
the Puyallup Tribe of Indians,'' after ``the Kalispel Indian
Reservation''; and
(2) in subsection (b), by inserting ``, the Puyallup Tribe
of Indians, the Swinomish Indian Tribal Community, or the
Kalispel Tribe of Indians'' after ``Tulalip Tribes''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Chaffetz)
each will control 20 minutes.
The Chair recognizes the gentleman from West Virginia.

General Leave

{time} 1420

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as with the bill we just considered, the pending
legislation would amend the long-term leasing act to allow several
tribes, in this case located in Washington State, to issue leases for
trust lands for terms not to exceed 99 years. As business opportunities
and economic considerations change over time, leases longer than what
is allowed in current law are often necessary to facilitate economic
development on trust lands.
In closing, this legislation would advance tribal sovereignty,
promote job growth, and speed up business deals. I want to commend our
colleague, Representative Adam Smith, who has pressed for passage of S.
2906.
I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
As a matter of policy, authorizing 99-year lease terms for tribes is
a means of increasing tribal independence from the Bureau of Indian
Affairs bureaucracy. Therefore, we have no objection to this bill.
Mr. FALEOMAVAEGA. Mr. Speaker, I rise in support of S. 2906,
legislation to amend certain provisions of the Long-Term Leasing Act of
1955 for the benefits of the three Washington State Indian tribes, the
Kalispel Tribe and the Puyallup Tribe, and the Swinomish Tribal
Community.
First I want to commend Senator Maria Cantwell for her leadership. I
also want to thank Senator Pat Murray, Representative Adam Smith, and
Representative Norman Dicks, for their support and advocacy on behalf
of the Indian Tribes in the State of Washington.
Similar to S. 1448, this bill will amend the Long-Term Leasing Act of
1955, to add three more Indian Tribes from the State of Washington to
the list of Indian Tribes that have been granted authority to enter
into long-term leases of up to 99 years.
Conditions for economic development and business opportunities have
significantly changed since Congress passed the Long-Term Leases Act in
1955. The current economic downturn has certainly exacerbated already
deteriorating economic conditions for many of the Indian tribes. As
such, extending the privileges of the Long-Term Leases Act is essential
for economic development and business opportunities. It is the
longstanding responsibility of our Federal Government to provide
assistance to the Indian people in their efforts to improve their
economic conditions and maximize business opportunities for the
betterment of the Indian people.
I urge my colleagues to pass S. 2906.
Mr. SMITH of Washington. Mr. Speaker, I thank the gentleman for
yielding and I rise in strong support of S. 2906, a bill introduced by
Senator Cantwell that is the companion to H.R. 4401, which I introduced
in the House last year.
S. 2906 amends the Indian Long-Term Leasing Act for the benefit of
three federally recognized Tribes in the State of Washington: the
Swinomish Indian Tribal Community, the Kalispel Tribe of Indians, and
the Puyallup Tribe of Indians, which is in my district.
Specifically, this legislation amends the leasing act to allow the
Puyallup Tribe and the Kalispel Tribe to enter into 99 year business
leases. Currently, these Tribes are limited to 25 year business leases.
Additionally, S. 2906 eliminates the requirement that the Puyallup
Tribe, the Kalispel Tribe, and the Swinomish Indian Tribal Community
seek the approval of the Secretary of the Interior for every business
deal involving tribal lands.
Under S. 2906, the Tribes will adopt leasing regulations, to be
approved by the Department of the Interior. Once the Department
approves the Tribal regulations, the Department will be relieved of its
obligations to approve the Tribes' leases of less than 75 years and the
Tribe will then be required to follow its own leasing regulations for
leases of its land. The Department will still retain the authority to
review and approve leases of Tribal lands for more than 75 years.
This bill is tremendously important to the Puyallup Tribe in my
district, as it will enable the Tribe to move forward with its plans to
develop a marine terminal on its land in the Port of Tacoma.
The shipping terminal will be the largest economic development and
job-creation project the Tribe has undertaken, and when fully
constructed, will be the largest international container terminal
facility in the Pacific Northwest. This project will provide tremendous
benefits both to the Puyallup Tribe as well as the South Puget Sound
economy.
Unfortunately, until now, the Tribe has found it difficult to engage
and move forward with business partners in furthering the terminal
project because of the burdensome and uncertain bureaucratic process of
obtaining Interior approval for the deals.

[[Page 19750]]

Passage of S. 2906 will ensure that that the Tribe and its business
partners will have certainty in moving forward with this and other
business opportunities that will enhance the economy of the Puyallup
Tribe and the Port of Tacoma, and will help to spur job creation in the
South Puget Sound region.
I thank the Chairman and Ranking Member for their help in advancing
this legislation, and I ask for my colleagues' support for the passage
of S. 2906.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of S. 2906,
which allows the Kalispel Tribe of Indians and the Puyallup Tribe of
Indians to lease land placed in trust for a term greater than 25 years.
This legislation further allows the Puyallup Tribe of Indians, the
Swinomish Indian Tribal Community, and the Kalispel Tribe of Indians to
lease restricted lands under certain conditions without requiring the
Secretary of the Interior's approval.
I thank Senator Cantwell for introducing this legislation, and I also
thank Chairman Rahall for bringing this bill to the floor today.
As a member of the Native American Caucus, I have worked with my
colleagues in Congress to address the needs of all Native Americans.
While the legislation before us today affects three tribes in
Washington State, I will continue to work on behalf of the nearly 100
federally recognized tribes in California and all tribes across the
country.
Mr. Speaker, I urge my colleagues to join me in supporting S. 2906.
Mr. CHAFFETZ. Mr. Speaker, I yield back the balance of our time.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the bill, S. 2906.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________

HOH INDIAN TRIBE SAFE HOMELANDS ACT

Mr. RAHALL. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendments to the bill (H.R. 1061) to transfer certain land
to the United States to be held in trust for the Hoh Indian Tribe, to
place land into trust for the Hoh Indian Tribe, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:

Senate amendments:
On page 4, lines 13 through 15, strike ``upon compliance
with the National Environmental Policy Act of 1969'' and
insert ``in accordance with the regulations of the Department
of the Interior for implementing the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are
applicable to trust land acquisitions for Indian tribes that
are mandated by Federal legislation,''
On page 8, strike lines 17 through 22 and insert the
following:

SEC. 5. GAMING PROHIBITION.

General Leave

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1061, as amended, would transfer certain Federal
and non-Federal land in the State of Washington to the Hoh Tribe to be
held in trust by the United States for the benefit of the tribe.
The Hoh Indian Tribe is located on the coast of Washington. Its
coastline is situated such that it is subject to frequent flooding,
preventing the sustainable use of this land by the tribe.
Due to this situation, the tribe has acquired approximately 420 acres
of land from private sources to relocate its government offices and
tribal members. The bill would place this newly acquired 420 acres of
land into trust for the tribe and as well transfer approximately 37
acres of Federal land into trust for the tribe in order to connect the
tribe's newly acquired lands to its current lands.
On June 28, 2010, the House passed this legislation under suspension
of the rules by a vote of 347-0. The Senate made technical amendments
to the bill to clarify that the land would be placed into trust in
accordance with the Department of the Interior's regulations for
mandatory trust land acquisitions. The Senate then passed the
legislation before us today by unanimous consent on September 29, 2010.
In closing, I would commend our colleague and my fellow classmate,
Representative Norm Dicks of Washington, for his hard work and
dedication to this legislation, and I ask my colleagues to support its
passage.
I reserve the balance of my time.
Mr. CHAFFETZ. I yield myself such time as I may consume.
Mr. Speaker, the case for adding a small amount of land to the Hoh
Reservation is compelling. Because the tribe's reservation receives
about 140 inches of rain per year and is located within a tsunami zone,
the tribe must expand its eastern border inland from the coast so they
can construct safe housing and other facilities outside of the tsunami
zone.
To accomplish this, H.R. 1061 places in trust several tracts of land
for the tribe, most of which are currently owned by the tribe. These
additions to the reservation are separated from the existing
reservation by a 37-acre parcel of Federal land that is part of the
Olympic National Park.
H.R. 1061 transfers ownership of this 37-acre parcel of Olympic
National Park land to the tribe without consideration. This transfer
creates a contiguous, intact reservation with full access across the
reservation assured in the form of a road to Highway 101.
This bill also sets an important and needed precedent by transferring
these 37 acres without extorting either a land exchange or payment to
the Federal Government.
There are many instances when fairness and necessity justify the
transfer of Federal lands to States, localities, tribes, or other
American citizens. There are also instances when roads that are vital
to park neighbors and park visitors should be repaired and rebuilt even
though they may be located in otherwise protected areas.
It is worth noting that the National Park Service supports
transferring the land from Olympic National Park to the tribe without
the need for a land exchange or compensation. I also note the absolute
silence and, hence, implied support from advocacy groups to give away
this 37 acres of national park lands.
I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, as I mentioned in my opening remarks, I
commend the gentleman from Washington (Mr. Dicks), the incoming ranking
minority member of the House Appropriations Committee and my fellow
classmate, a gentleman who has worked very hard on this legislation,
and I now yield him such time as he may consume.
Mr. DICKS. Mr. Chairman, I appreciate very much your yielding to me,
and I really appreciate the leadership that you have provided and the
committee has provided.
I rise to urge final passage of H.R. 1061, the Hoh Indian Tribe Safe
Homelands Act, which I sponsored. The Hoh Tribe lives right on the
Pacific Coast in the Sixth District, which I represent. Their
reservation is in a spectacularly beautiful area, but the location
leaves the Hohs in constant danger of tsunamis. This legislation would
allow the Hoh Tribe to move many structures out of the tsunami impact
zone.
This legislation passed the House in June. In September the bill was
amended then passed in the Senate. This amended version, which is
supported by all parties, is what the House is considering today. I
urge that we again pass this legislation and allow for the Hoh Tribe to
build a safer future uphill from the tsunami danger.
H.R. 1061 accomplishes this goal by transferring a small parcel of
land in

[[Page 19751]]

Olympic National Park to the tribe. In addition, the legislation will
place into trust this transferred Park Service land, along with other
lands recently acquired by the tribe.
I really cannot overemphasize the necessity of this legislation for
the safety of the Hoh Tribe. The reservation is located where the Hoh
River dramatically empties into the Pacific Ocean. As I said earlier,
real danger comes with its spectacular beauty. The Pacific Ocean has
many extremely active seismic zones, including in Washington State.
Earthquakes in the eastern Pacific always cause concern along the
Washington coast, as folks are forced to monitor the tsunami situation.
The Hoh Tribe is also menaced by severe flooding nearly every year.
We have very long winters in the Pacific Northwest, and throughout that
season, the Hoh Tribe can experience flooding. These floods have
destroyed buildings. A few years ago my office had to call the
Washington State National Guard in order to help the tribe place
sandbags during a flood emergency. This situation is intensifying as
the Pacific and Hoh River erode the very limited land on the 1 square
mile reservation.
With all of the reservation within a tsunami zone and nearly all of
it in a floodplain, the Hoh Tribe has trouble qualifying for
assistance. The BIA, FEMA, and HUD are precluded from providing
assistance to the tribe due to the reservation's location and its
vulnerability to natural disasters.
Although the threat always has existed, the desire to move the tribe
to safety intensified after the 2004 Indian Ocean earthquake and
resulting tsunami which killed more than 200,000 people. The Hoh Tribe
developed its own strategy, which I wholeheartedly champion. With its
own resources, the tribe bought several nearby parcels of land suitable
for development away from the area of most danger. The Washington State
Department of Natural Resources also has given the tribe a parcel of
logged land in the same area.
H.R. 1061 will transfer to the tribe a 37-acre parcel of land
currently part of the Olympic National Park.
This small parcel would make all of these lands mentioned above
contiguous to the existing Reservation. Also, the main road linking the
Tribe to U.S. Highway 101 runs through this Park Service parcel.
Through years of negotiation, the Tribe, Olympic National Park, and
others within the Park Service have come together in support of this
legislation, which does include certain restrictions on development,
including a ban on gaming.
The Park Service also benefits from this legislation. The land is not
of great value from an ecological point of view because it has been
logged repeatedly. The Park Service has difficulties managing the 37-
acre parcel because it is surrounded by non-Federal land. It also
allows Olympic National Park to be a ``good neighbor'' and meet its
responsibility to respect their non-Federal neighbors and be a positive
presence in the area.
The neighbors of the Hoh Tribe also support this legislation,
including the surrounding local landowners, the Hoh River Trust, and
numerous environmental organizations. Elected officials who support
this legislation include Governor Gregoire, the local State Senator and
Representatives and the Jefferson County Commissioners.
It is time for the House to pass H.R. 1061 and send the bill to the
President to be signed into law.
I want to thank Chairman Rahall and Ranking Member Hastings for their
help with this legislation. I also want to thank Janet Ericson, Staff
Director of the Office of Indian Affairs, and Todd Young and Chris
Fluhr who work for my home State colleague, Doc Hastings.
I also want to commend the Hoh Tribe and Tribal Council, Chairwoman
Maria Lopez, and Alexis Berry, the executive director for the hard
work. This legislation is a tremendous down payment on a safer future
for the Hoh Tribe.
I urge passage of the Hoh Indian Tribe Safe Homelands Act.

{time} 1430

Mr. CHAFFETZ. Mr. Speaker, this is a reasonable and needed piece of
legislation. I commend the bill's sponsors and all those that have
worked on it.
I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I am very honored now to yield 5 minutes to
a very valued member of our Committee on Natural Resources and a
colleague of ours who is no stranger to the effects of tsunamis among
his people, the gentleman from American Samoa (Mr. Faleomavaega).
Mr. FALEOMAVAEGA. I want to thank the gentleman from West Virginia,
our distinguished chairman of our Committee on Natural Resources, and I
do also thank my good friend, the gentleman from Utah, and their
management of this proposed legislation.
Mr. Speaker, having personally experienced what it means to go
through an earthquake and a tsunami, I rise in strong support of this
proposed legislation for the Hoh Indian Tribe Safe Homelands Act, a
bill that transfers certain Federal lands in the State of Washington to
be held in Federal trust for the Hoh Indian Tribe.
I want to thank, especially, the gentleman from Washington, Mr. Norm
Dicks, for sponsoring this important bill, and I would also like to
thank the chairman of our committee and the members of our committee
for their support.
While this bill serves primarily to transfer the acreage to the Hoh
Indian Reservation, it also carries out a greater purpose and message:
to support the welfare of the tribal members while reinforcing our
longstanding responsibility to the first Americans.
Established by an Executive order in 1893, with only a square mile of
land, the Hoh Indian Reservation is home to a tribe of nearly 300
members whose livelihood depends primarily on fishing. Located 28 miles
south of Forks and 80 miles north of Aberdeen, the reservation
presently consists of 443 acres of land surrounding the Hoh River,
after which the tribe is named.
Recently, however, the reservation has been overwhelmed by river
flooding caused by torrential rain and storm surges from the Pacific
Ocean. Living, also, in one of the rainiest places in the contiguous
United States, many of the tribal members' homes are encircled by
sandbags to hold back the water, and most of the usable land is within
the 100-year floodplain of the river, exacerbating what is already a
tough economic development situation. Now, more than ever, floods are
more frequent and more aggressive, also due to hardened riverbanks for
erosion control and the influence of timber companies in the uplands.
Mr. Speaker, I want to urge my colleagues to support this proposed
bill.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of the Senate
amendment to the Hoh Indian Tribe Safe Homelands Act and also the
underlying bill.
I thank my colleague, Congressman Norman Dicks for introducing H.R.
1061 and I support this legislation with the Senate amendment.
Mr. Speaker, this legislation truly embraces a collaborative effort
between the Hoh Indian Tribe and the Government. The Hoh Indian Tribe
currently lives in a flood-prone area. In fact, over 90 percent of
their current reservation lies in a flood zone. Year after year more of
their homes and tribal buildings are washed away by flood waters. This
legislation allows land to be taken into trust so the Hoh Indian Tribe
can relocate to higher, safer lands.
This legislation permits the tribe to conduct a land survey of
federal land for relocation and submit it to the Director of the
National Park Service for approval. Certain activities such as logging,
hunting, and gaming will be prohibited on federal lands. It also
directs the Secretary of the Interior and the tribe to make
collaborative agreements for mutual emergency fire aid and for the
development of a nonmotorized trail from Highway 101 to the Pacific
Ocean. This trail will maintain the strong fishing culture of the Hoh
Indian Tribe.
Mr. Speaker, as a Member of the Native American Caucus I urge my
colleagues to join me in supporting the Senate amendment to the Hoh
Indian Tribe Safe Homelands Act.
Mr. CHAFFETZ. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and concur in the Senate amendments to the bill, H.R. 1061.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendments were concurred in.

[[Page 19752]]

A motion to reconsider was laid on the table.

____________________

LONGLINE CATCHER PROCESSOR SUBSECTOR SINGLE FISHERY COOPERATIVE ACT

Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 1609) to authorize a single fisheries cooperative for the
Bering Sea Aleutian Islands longline catcher processor subsector, and
for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 1609

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 ``Longline Catcher Processor
Subsector Single Fishery Cooperative Act''.

SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY
COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR
SUBSECTOR IN THE BSAI.

(a) In General.--Upon the request of eligible members of
the longline catcher processor subsector holding at least 80
percent of the licenses issued for that subsector, the
Secretary is authorized to approve a single fishery
cooperative for the longline catcher processor subsector in
the BSAI.
(b) Limitation.--A single fishery cooperative approved
under this section shall include a limitation prohibiting any
eligible member from harvesting a total of more than 20
percent of the Pacific cod available to be harvested in the
longline catcher processor subsector, the violation of which
is subject to the penalties, sanctions, and forfeitures under
section 308 of the Magnuson-Stevens Act (16 U.S.C. 1858),
except that such limitation shall not apply to harvest
amounts from quota assigned explicitly to a CDQ group as part
of a CDQ allocation to an entity established by section
305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
(c) Contract Submission and Review.--The longline catcher
processor subsector shall submit to the Secretary--
(1) not later than November 1 of each year, a contract to
implement a single fishery cooperative approved under this
section for the following calendar year; and
(2) not later than 60 days prior to the commencement of
fishing under the single fishery cooperative, any interim
modifications to the contract submitted under paragraph (1).
(d) Department of Justice Review.--Not later than November
1 before the first year of fishing under a single fishery
cooperative approved under this section, the longline catcher
processor sector shall submit to the Secretary a copy of a
letter from a party to the contract under subsection (c)(1)
requesting a business review letter from the Attorney General
and any response to such request.
(e) Implementation.--The Secretary shall implement a single
fishery cooperative approved under this section not later
than 2 years after receiving a request under subsection (a).
(f) Status Quo Fishery.--If the longline catcher processor
subsector does not submit a contract to the Secretary under
subsection (c) then the longline catcher processor subsector
in the BSAI shall operate as a limited access fishery for the
following year subject to the license limitation program in
effect for the longline catcher processor subsector on the
date of enactment of this Act or any subsequent modifications
to the license limitation program recommended by the Council
and approved by the Secretary.

SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A
SINGLE FISHERY COOPERATIVE FOR THE LONGLINE
CATCHER PROCESSOR SUBSECTOR IN THE BSAI.

A single fishery cooperative approved under section 2 may,
on an annual basis, collectively--
(1) harvest the total amount of BSAI Pacific cod total
allowable catch, less any amount allocated to the longline
catcher processor subsector non-cooperative limited access
fishery;
(2) utilize the total amount of BSAI Pacific cod prohibited
species catch allocation, less any amount allocated to a
longline catcher processor subsector non-cooperative limited
access fishery; and
(3) harvest any reallocation of Pacific cod to the longline
catcher processor subsector during a fishing year by the
Secretary.

SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE
LIMITED ACCESS FISHERY.

(a) In General.--An eligible member that elects not to
participate in a single fishery cooperative approved under
section 2 shall operate in a non-cooperative limited access
fishery subject to the license limitation program in effect
for the longline catcher processor subsector on the date of
enactment of this Act or any subsequent modifications to the
license limitation program recommended by the Council and
approved by the Secretary.
(b) Harvest and Prohibited Species Allocations.--Eligible
members operating in a non-cooperative limited access fishery
under this section may collectively--
(1) harvest the percentage of BSAI Pacific cod total
allowable catch equal to the combined average percentage of
the BSAI Pacific cod harvest allocated to the longline
catcher processor sector and retained by the vessel or
vessels designated on the eligible members license limitation
program license or licenses for 2006, 2007, and 2008,
according to the catch accounting system data used to
establish total catch; and
(2) utilize the percentage of BSAI Pacific cod prohibited
species catch allocation equal to the percentage calculated
under paragraph (1).

SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT
COUNCIL.

(a) In General.--Nothing in this Act shall supersede the
authority of the Council to recommend for approval by the
Secretary such conservation and management measures, in
accordance with the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.) as it considers necessary to ensure that this Act does
not diminish the effectiveness of fishery management in the
BSAI or the Gulf of Alaska Pacific cod fishery.
(b) Limitations.--
(1) Notwithstanding the authority provided to the Council
under this section, the Council is prohibited from altering
or otherwise modifying--
(A) the methodology established under section 3 for
allocating the BSAI Pacific cod total allowable catch and
BSAI Pacific cod prohibited species catch allocation to a
single fishery cooperative approved under this Act; or
(B) the methodology established under section 4 of this Act
for allocating the BSAI Pacific cod total allowable catch and
BSAI Pacific cod prohibited species catch allocation to the
non-cooperative limited access fishery.
(2) No sooner than 7 years after approval of a single
fisheries cooperative under section 2 of this Act, the
Council may modify the harvest limitation established under
section 2(b) if such modification does not negatively impact
any eligible member of the longline catcher processor
subsector.
(c) Protections for the Gulf of Alaska Pacific Cod
Fishery.--The Council may recommend for approval by the
Secretary such harvest limitations of Pacific cod by the
longline catcher processor subsector in the Western Gulf of
Alaska and the Central Gulf of Alaska as may be necessary to
protect coastal communities and other Gulf of Alaska
participants from potential competitive advantages provided
to the longline catcher processor subsector by this Act.

SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.

(a) In General.--Consistent with section 301(a) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)), a single fishery
cooperative approved under section 2 of this Act is intended
to enhance conservation and sustainable fishery management,
reduce and minimize bycatch, promote social and economic
benefits, and improve the vessel safety of the longline
catcher processor subsector in the BSAI.
(b) Transition Rule.--A single fishery cooperative approved
under section 2 of this Act is deemed to meet the
requirements of section 303A(i) of the Magnuson-Stevens Act
(16 U.S.C. 1853a(i)) as if it had been approved by the
Secretary within 6 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, unless the Secretary makes a
determination, within 30 days after the date of enactment of
this Act, that application of section 303A(i) of the
Magnuson-Stevens Act to the cooperative approved under
section 2 of this Act would be inconsistent with the purposes
for which section 303A was added to the Magnuson-Stevens Act.
(c) Cost Recovery.--Consistent with section 304(d)(2) of
the Magnuson-Stevens Act (16 U.S.C. 1854(d)(2)), the
Secretary is authorized to recover reasonable costs to
administer a single fishery cooperative approved under
section 2 of this Act.

SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.

Nothing in this Act shall affect the western Alaska
community development program established by section 305(i)
of the Magnuson-Stevens Act (16 U.S.C. 1855(i)), including
the allocation of fishery resources in the directed Pacific
cod fishery.

SEC. 8. DEFINITIONS.

In this Act:
(1) BSAI.--The term ``BSAI'' has the meaning given that
term in section 219(a)(2) of the Department of Commerce and
Related Agencies Appropriations Act, 2005 (Public Law 108-
447; 118 Stat. 2886).
(2) BSAI pacific cod total allowable catch.--The term
``BSAI Pacific cod total allowable catch'' means the Pacific
cod total allowable catch for the directed longline catcher
processor subsector in the BSAI as established on an annual
basis by the Council and approved by the Secretary.
(3) BSAI pacific cod prohibited species catch allocation.--
The term ``BSAI Pacific cod prohibited species catch
allocation'' means the prohibited species catch allocation
for the directed longline catcher processor subsector in the
BSAI as established on

[[Page 19753]]

an annual basis by the Council and approved by the Secretary.
(4) Council.--The term ``Council'' means the North Pacific
Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G)).
(5) Eligible member.--The term ``eligible member'' means a
holder of a license limitation program license, or licenses,
eligible to participate in the longline catcher processor
subsector.
(6) Gulf of alaska.--The term ``Gulf of Alaska'' means that
portion of the Exclusive Economic Zone contained in
Statistical Areas 610, 620, and 630.
(7) Longline catcher processor subsector.--The term
``longline catcher processor subsector'' has the meaning
given that term in section 219(a)(6) of the Department of
Commerce and Related Agencies Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2886).
(8) Magnuson-stevens act.--The term ``Magnuson-Stevens
Act'' means the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.

General Leave

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
The pending legislation, the Catcher Processor Subsector Single
Fishery Cooperative Act, was introduced by Senator Cantwell in August
2009. Subsequently, our colleague, Congressman Larsen from the State of
Washington, introduced H.R. 3910 as companion legislation.
``Catch shares'' are a fisheries management tool in which the total
amount of fishing quota is divided among a group of fishermen. This
tool is used to manage several fisheries in waters off of Alaska.
However, one particular fishery in this area, the Pacific cod longline
catcher processors, is not managed using catch shares. S. 1609
authorizes the Secretary of Commerce to approve this fleet as a
cooperative operating a catch share.
I commend our colleague, the gentleman from Washington, Mr. Rick
Larsen, for his diligence. He has discussed this with me on numerous
occasions and with members of our committee, and I commend his
leadership on this legislation. I also recognize the efforts to bring
the bill to the floor by my good friend and colleague from Alaska, Mr.
Don Young. And I would note this measure is fully supported by the
ranking member of our full committee, Doc Hastings of Washington.
Mr. Speaker, I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield such time as he may consume to my
distinguished colleague from Alaska (Mr. Young).
Mr. YOUNG of Alaska. I thank the gentleman for yielding.
I rise in strong support of H.R. 3910, the companion legislation to
S. 1609. This is a very important bill to the State of Alaska and the
State of Washington.
I would like to compliment my friend, Mr. Larsen, for his work on
this legislation.
I was originally a cosponsor of this. This is a much-needed bill for
the management of fish in Alaska as well as in the State of Washington,
where most of my fishermen do come from.
I would also like to thank Steny Hoyer, the majority leader, for
bringing this bill to the floor and making sure it becomes a reality.
This is a bill that was strongly supported by the whole delegations
from the State of Washington and from the State of Alaska, Senators as
well as House Members. There was no objection to this legislation. It
is an example of how we can work together on an issue that affects both
areas. It is really much sought for by the industry itself. And I want
to compliment everybody that worked on this legislation.
Mr. RAHALL. Mr. Speaker, I yield such time as he may consume to the
gentleman from Washington (Mr. Larsen).
Mr. LARSEN of Washington. Mr. Speaker, I rise today to speak in favor
of S. 1609, the Longline Catcher Processor Subsector Single Fishery
Cooperative Act. This bill, introduced by Senator Cantwell of
Washington, is a Senate companion to H.R. 3910, legislation I
introduced in the House, along with Representative Don Young of Alaska.
This is a bipartisan effort. It has the support of Representatives Doc
Hastings, Dave Reichert and Jay Inslee of Washington State as well.
This bill will further efforts by the North Pacific Fishery
Management Council to rationalize the Pacific cod fishery and end the
``race for fish'' in the Bering Sea and Aleutian Islands. This
legislation represents an important step in achieving the goals of the
Magnuson-Stevens Fishery Conservation and Management Act by enabling
safer, more environmentally sound fishing practices, while also
providing much-needed economic stability.
The freezer longline sector of the Pacific cod industry currently
operates as a derby-style fishery. Providing the opportunity for
participants to transition from this style of fishing to a cooperative
model is essential to meeting conservation goals and, most importantly,
will significantly improve the safety of life at sea.
In addition, fishery cooperatives provide more economic stability and
predictability. They help prevent the types of severe price swings that
this fishery experienced last year when the price for Pacific cod was
cut in half. This type of instability not only impacts the market and
consumers, but threatens the ability for these mostly family-owned
businesses to continue fishing. The economic stabilization of the fleet
will also allow for new investments in both vessels and equipment and
much-needed jobs for shipyards throughout the Puget Sound region.
S. 1609 has broad support within the freezer longline sector, the
commercial fishing industry, the State of Alaska, the State of
Washington, and the environmental community. So I urge the House to
pass this bipartisan bill, S. 1609.
Mr. CHAFFETZ. Mr. Speaker, we have no objection to this bill. We
believe it should be passed and sent to the President for signature.
Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield such time as he may consume to the
gentleman from American Samoa (Mr. Faleomavaega).
Mr. FALEOMAVAEGA. Again, I want to thank the distinguished gentleman
from West Virginia, the chairman of our committee, and my good friend
from Utah on the other side of the aisle for their management and
support of this legislation.
Mr. Speaker, I want to associate myself with the statement made
earlier by the chief sponsor of this legislation, my good friend, the
gentleman from Washington. I know a little bit about the industry of
fishing. This is certainly important for the gentleman's district and
the Members who are affected from the great State of Washington.
I urge my colleagues to support this proposed legislation.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the bill, S. 1609.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________

{time} 1440
LONGFELLOW HOUSE-WASHINGTON'S HEADQUARTERS NATIONAL HISTORIC SITE
DESIGNATION ACT

Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
bill (S.

[[Page 19754]]

1405) to redesignate the Longfellow National Historic Site,
Massachusetts, as the ``Longfellow House-Washington's Headquarters
National Historic Site''.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 1405

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 ``Longfellow House-
Washington's Headquarters National Historic Site Designation
Act''.

SEC. 2. REDESIGNATION OF LONGFELLOW NATIONAL HISTORIC SITE,
MASSACHUSETTS.

(a) In General.--The Longfellow National Historic Site in
Cambridge, Massachusetts, shall be known and designated as
``Longfellow House-Washington's Headquarters National
Historic Site''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Longfellow National Historic Site shall be considered to be a
reference to the ``Longfellow House-Washington's Headquarters
National Historic Site''.

General Leave

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. I yield myself such time as I may consume.
Mr. Speaker, the pending legislation would rename the Longfellow
National Historic Site in Cambridge, Massachusetts, as the Longfellow
House-Washington's Headquarters National Historic Site to better
reflect the many chapters of American history which unfolded at this
historic home.
This bill is one of the last measures sponsored by the late Senator
from Massachusetts, Edward M. Kennedy. Senator Kennedy was instrumental
in securing the funds needed to preserve this national historic site,
and it is fitting that we pass his legislation renaming a site which
meant so much to him.
I urge my colleagues to join me in supporting this small, final piece
of a legislative legacy left to us by one of the true giants to ever
serve in this Congress.
I reserve the balance of my time.
Mr. CHAFFETZ. I yield myself such time as I may consume.
Mr. Speaker, S. 1405 has been adequately explained by the majority,
and we support the legislation. We see no reason to oppose it.
I just want to briefly thank the chairman. I am a freshman here in
this body. I appreciate the leadership that he gave and the way that he
conducted the Natural Resources Committee. I understand he is going to
be a ranking member or in leadership on, perhaps, a different
committee. I didn't want to let this time pass and this opportunity
pass without thanking him for his leadership, for his fairness and for
being able to share things with young folks like myself who are new to
the House. I just want to wish him all the best and thank him for his
leadership.
I look forward to spending Christmas Eve here with you,
unfortunately. Hopefully not.
I reserve the balance of my time.
Mr. RAHALL. Before I respond to that, Mr. Speaker, I am going to
yield 2 minutes to my colleague from American Samoa (Mr. Faleomavaega).
Mr. FALEOMAVAEGA. I thank the gentleman for yielding.
I would also like to compliment the gentleman from Utah's statement.
Mr. Speaker, this probably will be the last opportunity that I will
have to offer my compliments and my utmost respect and commendation for
the way that the gentleman from West Virginia has conducted the affairs
of our Natural Resources Committee under his chairmanship, of which I
am deeply honored to be a part. He is second to none in terms of his
leadership, his service, and his commitment to serving our Nation.
I wanted to say that for the Record, and I want to thank my good
friend from Utah for his compliments as well.
Mr. CHAFFETZ. Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. I do want to extend my appreciation to the gentleman from
Utah for his comments.
Mr. Speaker, this may very well be the last time that our Committee
on Natural Resources will have bills on the floor of the House in this
111th Congress. I wish to take just a moment of personal reflection to
thank, not only the gentleman from Utah, but my ranking member--the
gentleman from the State of Washington, Doc Hastings, as well.
I talked to Mr. Hastings this morning. He is not sleepless in Seattle
but is snowed in in Seattle and is unable to be here today, but I did
want to acknowledge his position on our committee and wish him the best
next year as he assumes the reins of leadership as chairman of our
committee.
It has been, I think, a good couple of terms under my chairmanship.
We have worked in a nonpartisan manner as much as feasible and as much
as possible. On not every bill have we seen eye to eye, but we have
respectfully agreed to disagree where we have disagreed.
I want to thank the members on the majority's side. My colleagues
from all over this country and from the American territories have been
very helpful in drafting important legislation that has fallen in line
with our vital responsibilities as stewards of our public lands.
I also want to say a word of commendation to the staffs on both
sides. We have brought numerous bills--I don't even have a final tally
in front of me--to the floor of this House. Many are still languishing
over in that other body. I commend the work of the staffs on both the
majority's and the minority's sides and the manner in which they have
worked cooperatively and in a bipartisan fashion over these 4 years
that I have chaired this committee. In particular, the gentleman
sitting to my right, Mr. Jim Zoia, has been with me over three decades.
While we will move on to another committee in the next Congress, we
will always remember our years on the Natural Resources Committee and
our working so well with both sides.
So, again, I wish to express my appreciation to my ranking member,
Doc Hastings, and to all the members of our committee--both Republican
and especially my side, the Democratic side.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the bill, S. 1405.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. RAHALL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________

45TH ANNIVERSARY OF THE WHITE HOUSE FELLOWS PROGRAM

Ms. CHU. Mr. Speaker, I move to suspend the rules and concur in the
concurrent resolution (S. Con. Res. 72) recognizing the 45th
anniversary of the White House Fellows Program.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:

S. Con. Res. 72

Whereas in 1964, John W. Gardner presented the idea of
selecting a handful of outstanding men and women to travel to
Washington, DC, to participate in a fellowship program that
would educate such men and women about the workings of the
highest levels of the Federal Government and about
leadership, as they observed Federal officials in action and
met with these officials and other leaders of society,
thereby strengthening the abilities of such individuals to
contribute to their communities, their professions, and the
United States;

[[Page 19755]]

Whereas President Lyndon B. Johnson established the
President's Commission on White House Fellowships, through
Executive Order 11183 (as amended), to create a program that
would select between 11 and 19 outstanding young citizens of
the United States every year and bring them to Washington,
DC, for ``first hand, high-level experience in the workings
of the Federal Government, to establish an era when the young
men and women of America and their government belonged to
each other--belonged to each other in fact and in spirit'';
Whereas the White House Fellows Program has steadfastly
remained a nonpartisan program that has served 9 Presidents
exceptionally well;
Whereas the 672 White House Fellows who have served have
established a legacy of leadership in every aspect of our
society, including appointments as cabinet officers,
ambassadors, special envoys, deputy and assistant secretaries
of departments and senior White House staff, election to the
House of Representatives, Senate, and State and local
governments, appointments to the Federal, State, and local
judiciary, appointments as United States Attorneys,
leadership in many of the largest corporations and law firms
in the United States, service as presidents of colleges and
universities, deans of our most distinguished graduate
schools, officials in nonprofit organizations, distinguished
scholars and historians, and service as senior leaders in
every branch of the United States Armed Forces;
Whereas this legacy of leadership is a resource that has
been relied upon by the Nation during major challenges,
including organizing resettlement operations following the
Vietnam War, assisting with the national response to
terrorist attacks, managing the aftermath of natural
disasters such as Hurricanes Katrina and Rita, providing
support to earthquake victims in Haiti, performing military
service in Iraq and Afghanistan, and reforming and innovating
the national and international securities and capital
markets;
Whereas the 672 White House Fellows have characterized
their post-Fellowship years with a lifetime commitment to
public service, including creating a White House Fellows
Community of Mutual Support for leadership at every level of
government and in every element of our national life; and
Whereas September 1, 2010, marked the 45th anniversary of
the first class of White House Fellows to serve this Nation:
Now, therefore, be it
Resolved by the Senate (the House of Representatives
concurring), That Congress--
(1) recognizes the 45th anniversary of the White House
Fellows program and commends the White House Fellows for
their continuing lifetime commitment to public service;
(2) acknowledges the legacy of leadership provided by White
House Fellows over the years in their local communities, the
Nation, and the world; and
(3) expresses appreciation and support for the continuing
leadership of White House Fellows in all aspects of our
national life in the years ahead.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Chu) and the gentleman from Utah (Mr. Chaffetz) each
will control 20 minutes.
The Chair recognizes the gentlewoman from California.

General Leave

{time} 1450

The hundreds of former White House Fellows have gone on to serve the
public in many critical roles. They have been appointed judges, U.S.
Attorneys, ambassadors, and Cabinet officers. They have been elected to
local, State, and national office, including here in the House of
Representatives and in the Senate.
Mr. Speaker, let us now recognize the legacy of leadership that the
White House Fellows Program has provided to our country for the last 45
years through the passage of Senate Concurrent Resolution 72,
recognizing the program on its 45th anniversary. I urge my colleagues
to join me in supporting it.
I reserve the balance of my time.
Mr. CHAFFETZ. I yield such time as he may consume to the gentleman
from Texas (Mr. Barton).
Mr. BARTON of Texas. I thank the gentleman from Utah.
I want to thank the leadership on both sides for allowing and
supporting this resolution. I'm happy in the House to be the primary
sponsor. I also want to commend Speaker Pelosi and Minority Leader
Boehner for scheduling this so timely. I was told yesterday it would be
on the floor at 2:45, and I walked on the floor at 2:43, and it was on
the floor at 2:45. So that shows that the House can work in a
bipartisan, efficient fashion when it so desires.
Mr. Speaker, I was a White House Fellow in the class of 1981 and 1982
under President Ronald Reagan. I was one of 14 Fellows that year. I
worked for the Secretary of Energy, the Honorable James Edwards of
South Carolina, the former Governor of South Carolina. The Deputy
Secretary was Ken Anderson, and my direct report was J. Hunter Child
III, the director of the Office of Policy, Planning and Analysis.
In my class in 1981-82, we had Mike Ullman, who's now the CEO of J.C.
Penney; we had Paul Applegarth, who was a senior official at the World
Bank and later became a Presidential appointee under President Bush. We
had several military officers, Tom Shul, Ellie Heineman. We had a
police captain from Oakland, Chip Stewart. And we had a cheerleader
from the New England Patriots who later worked for the director of the
FBI. So we had a very diverse class.
The White House Fellows is nonpartisan. In fact, I don't recollect
one political question being asked me in the interview process. To show
you the caliber of the folks that interviewed me, in the semifinals at
the LBJ School in Austin, Texas, I was interviewed by Hillary Rodham
Clinton and Sarah Weddington, who was the chief attorney in support of
Roe v. Wade. At the national finals in Washington, D.C., Ed Fuelner,
who was then and now head of the Heritage Foundation, was one of the
individuals who interviewed me. So you had very staunch Democrats and
also very staunch conservative Republicans.
But they were interested then and now not in your political views so
much as they were interested in your vision for America and where you
had been and, even more importantly, where you might go in the future.
Most Fellows are in their late twenties to mid thirties. Some are as
old as their mid forties. You serve for 1 year for one of the senior
officials in the White House or the Office of the Vice President or a
Cabinet Secretary. It's a very diverse experience. You have real work
to do, as has been pointed out. You are paid at the GS schedule 14, but
you also develop a friendship with your Fellows and you have what's
called an educational program where you meet with officials of that
administration but also leaders in the country.

[[Page 19756]]

We met my fellowship year with, of course, the President, the Vice
President, all the Cabinet Secretaries, but we also met with Tip
O'Neill. We met with Tom Foley. Tip O'Neill was then Speaker and Tom
Foley, I believe, was the majority leader or the whip. I think Mr.
Foley was the whip. We met with Leon Jaworski who was the prosecutor in
Watergate.
Each fellowship class gets to go on some trips, both domestically and
internationally. We took three domestic trips or four domestic trips.
We went to California where Congressman Leon Panetta hosted us. We went
to New York City, had a helicopter ride where we went over the old
Yankee stadium. We went to Chicago, and I was able to get the class to
come down to Texas, and we visited in Texas.
It is a tremendous program. Since President Johnson initiated it in
1965, over I think 672 young men and women have served as White House
Fellows. Members of this body include, in addition to myself, former
Congressman Tom Campbell of California, former Congressman and Senator
Tim Wirth of Colorado, and in the other body, Senator Dave Karnes of
the great State of Nebraska.
It's a program that encourages you once you've been a White House
Fellow to be in public service or at least community service, either in
the business world or in your civic or, in some cases, elective office.
I wouldn't be on the floor of the House of Representatives today, Mr.
Speaker, if it had not been for the White House Fellows Program. I
believed before I became a Fellow that Washington was this mystic place
that most of the time was nonfunctional and very difficult to navigate.
The White House Fellowship Program gave me a window on government in
Washington, in both the executive and the legislative branches, and it
showed me that there were people of good will on both sides of the
aisle, in the executive and the legislative branches. It showed me that
in spite of what some people think this is a very transparent, open
process. If you have an issue and you want to have an impact in our
America, that is still possible; and I cannot say anything but the most
positive things, Mr. Speaker, about the White House Fellows Program.
So I'm very glad on behalf of the other 671 former and current White
House Fellows to be the chief House sponsor, very appreciative of it
moving through the Senate, very appreciative of our Speaker and
minority leader, Mr. Boehner and Ms. Pelosi, putting it up on the
floor; and I would certainly encourage a unanimous vote in support of
it.
I want to thank my good friend from Utah for yielding.
Mr. Speaker, I rise today in support of S. Con. Res. 72, to recognize
the 45th anniversary of the White House Fellows Program.
The White House Fellows Program, as envisioned by President Johnson,
was designed ``to give the Fellows first hand, high-level experience
with the workings of the Federal government and to increase their sense
of participation in national affairs.'' In the fall of 1965, the first
class of Fellows was named. The program is nonpartisan, and has
remained so through nine administrations. Each year between 11 and 19
Americans are chosen for this once-in-a-lifetime experience. The
Fellows are placed into various agencies of government and are then
able to work hand-in-hand with leaders at the highest levels of
government. In return for the Fellowship year, the Fellows are expected
to repay the privilege of serving by continuing to work as private
citizens on their public agendas.
To date, more than 600 White House Fellows have served the Federal
government and established a record of leadership and service. A number
of former Fellows have gone on to serve their government and
communities in important ways, by receiving appointments as Cabinet
officials and senior White House staff, election to the House of
Representatives, Senate, and State and local government, appointments
to the Federal, State, and local benches, appointments as United States
Attorneys, leadership in many of the Nation's largest corporations and
law firms, presidents of colleges and universities, deans of
distinguished graduate schools, officials in nonprofit organizations,
distinguished scholars and historians, and service as senior leaders in
every branch of the United States Armed Forces.
In 1981, I was honored to be selected to serve as a White House
Fellow in the Reagan Administration and was placed in the Department of
Energy. This was an experience where I gained valuable insight and
knowledge about leadership and public policy, and it was a privilege to
serve in this unique capacity.
I believe the White House Fellows program is worthy of recognition,
and I commend those who have worked to make it a success and a national
resource for all branches of our government.
Mr. CHAFFETZ. Mr. Speaker, I would like to commend those individuals
who were once Fellows and have gone on to serve our Nation with such
distinction. I urge all Members to join me in support of this
resolution, and I yield back the balance of our time.
Ms. CHU. Mr. Speaker, I again urge my colleagues to join me in
supporting this measure, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Chu) that the House suspend the rules
and concur in the concurrent resolution, S. Con. Res. 72.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. CHU. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________

PRIVATE ISAAC T. CORTES POST OFFICE

Ms. CHU. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 6205) to designate the facility of the United States Postal
Service located at 1449 West Avenue in Bronx, New York, as the
``Private Isaac T. Cortes Post Office''.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6205

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

SECTION 1. PRIVATE ISAAC T. CORTES POST OFFICE.

(a) Designation.--The facility of the United States Postal
Service located at 1449 West Avenue in Bronx, New York, shall
be known and designated as the ``Private Isaac T. Cortes Post
Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Private Isaac T. Cortes Post Office''.

General Leave

{time} 1500

Ms. CHU. I now yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 6205, a bill to designate the
facility of the United States Postal Service located at 1449 West
Avenue in Bronx, New York, as the Private Isaac T. Cortes Post Office.
H.R. 6205 was introduced by our colleague, the gentleman from New York,
Representative Joseph Crowley, on September 23, 2010. The measure
enjoys the support of New York's entire delegation to the House.
A native of the Bronx, Private Isaac T. Cortes held several jobs
before enlisting in the Army. He was very proud to work as a security
guard at Yankee Stadium and at one point hoped to become an officer
with the New York City Police Department. He enlisted with the Army in
November 2006 to gain experience that would help him achieve that goal,
but later decided to become a career military man.

[[Page 19757]]

Private Cortes served as an infantryman with the 1st Squadron, 71st
Cavalry Regiment, 1st Brigade Combat Team, 10th Mountain Division,
Light Infantry, based out of Fort Drum, New York. He was a Humvee
driver and performed operator-level maintenance on the vehicle. While
overseas in Iraq, he participated in mountain Humvee and dismounted
walking patrols. Private Cortes engaged in weapons cache searches and
humanitarian aid missions to the local Iraqi people.
Sadly, on November 27, 2007, Private Cortes was one of two soldiers
killed when an improvised explosive device was detonated as his vehicle
rode past Amerli, Iraq, about 100 miles north of Baghdad. His awards
and decorations include the Purple Heart, the Bronze Star, National
Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism
Service Medal, and Army Service Medal.
He is survived by his parents, Emily and Isaias, his younger brother
Christopher, a young daughter Amaria, and a large extended family. They
remember Private Cortes as the kid who would help elders carry
groceries, the young man who would play with his younger cousins, and
the father who wanted to be the best he could be for his young child.
Today we also remember him as the soldier who made the ultimate
sacrifice for his country.
Mr. Speaker, let us now pay tribute to the life and service of
Private Isaac T. Cortes by designating the postal facility on West
Avenue in the Bronx in his honor.
I urge my colleagues to join me in supporting H.R. 6205.
I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
I rise today in strong support of H.R. 6205, to designate the
facility of the United States Postal Service located at 1449 West
Avenue in Bronx, New York, as the Private Isaac T. Cortes Post Office.
Mr. Speaker, Private Cortes was born and raised in the Bronx and
joined the Army in November of 2006. After basic training, he was
assigned to the 10th Mountain Division based out of Fort Drum, New
York. In September 2007, Private Cortes deployed to Iraq to support
Operation Iraqi Freedom. And sadly, Mr. Speaker, less than 2 months
later, on November 27, 2007, Private Cortes died when the vehicle he
was riding in was struck by an improvised explosive device. Private
Cortes was awarded the Purple Heart and the Bronze Star to honor his
bravery and courage.
Mr. Speaker, it is altogether fitting and proper that we name this
post office to honor Private Cortes. This was a man who made the
ultimate sacrifice for his country, fighting for our freedom and the
freedom of the Iraqi people. The least we can do is honor his memory by
naming this post office after him. I join all Members to join me in
strong support of this bill.
I yield back the balance of my time.
Mr. CROWLEY. Mr. Speaker, I rise in support of H.R. 6205, to honor
Private Isaac T. Cortes, a Bronx native who was killed in combat in
Iraq.
This legislation would rename the post office in his hometown in his
honor.
Private Cortes was a son of the Bronx--he grew up in the Parkchester
neighborhood, attending local public schools and Christopher Columbus
High School.
His love for his hometown led him to work as a security guard at
Yankee Stadium, a job that he was so proud to hold and that inspired
him to a lifetime of service. While planning to become a New York City
Police Officer, he decided to strengthen his skills and serve his
country by joining the U.S. Army in 2006.
Private Cortes knew that this choice was dangerous. He also knew he
would likely be sent to Iraq.
His family worried for him, but he knew what he had to do.
After training at Fort Benning and Fort Drum, Private Cortes was sent
to Iraq in September of 2007. As a rifleman in the Infantry Squad with
Charlie Troop, 1-71 Cavalry Squadron, Private Cortes performed weapons
searches and humanitarian aid missions to help the local Iraqi people.
He loved the Army, and was prepared to make it his career. His family
has described how proud he was to protect his country. He said the
military was his ``calling.''
On November 27, 2007, just after Thanksgiving, Private Cortes was out
on one of his combat patrols when an improvised explosive device was
detonated near his vehicle in Amerli, Iraq--about 100 miles north of
Baghdad.
Private Cortes was killed instantly, along with Specialist Benjamin
Garrison, in the roadside attack. He was only 26 years old.
His awards and honors include the Purple Heart, the Bronze Star, the
National Defense Service Medal, the Iraq Campaign Medal, the Global War
on Terrorism Service Medal and the Army Service Ribbon.
The Bronx, the Congress and the Nation will always remember Private
Cortes as a decorated soldier. But, I would also like to take a moment
to ensure we forever remember Isaac, the man.
Isaac lived by the motto ``Go big or go home.'' He was known for his
big heart and his loving ways, which his family continues in his honor
through blood donation events and clothing, food and toy drives.
He was known to his neighbors as a smiling face and a helpful hand,
always willing to help carry groceries.
Even while overseas, his family was always in his heart, including
his parents, grandparents, brother, nieces, aunts, uncles and cousins.
And above all, he loved the little girl that he raised as his own
daughter.
His family has kept his memory alive, and today we take the next step
in honoring this Bronx native and his service to the United States.
Renaming the post office in the neighborhood where he grew up after
him will serve as a reminder to us all of his courage, integrity and
sacrifice. This legislation will ensure that his service and his spirit
will never be forgotten.
Ms. CHU. Mr. Speaker, I again urge my colleagues to join me in
supporting this measure.
I have no further requests for time, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Chu) that the House suspend the rules
and pass the bill, H.R. 6205.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. CHU. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________

FOR VETS ACT OF 2010

Ms. CHU. Mr. Speaker, I move to suspend the rules and pass the bill
(S. 3794) to amend chapter 5 of title 40, United States Code, to
include organizations whose membership comprises substantially veterans
as recipient organizations for the donation of Federal surplus personal
property through State agencies.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 3794

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 ``Formerly Owned Resources for
Veterans to Express Thanks for Service Act of 2010'' or ``FOR
VETS Act of 2010''.

SEC. 2. RECIPIENTS OF CERTAIN FEDERAL SURPLUS PERSONAL
PROPERTY.

Section 549(c)(3)(B) of title 40, United States Code, is
amended--
(1) in clause (viii), by striking ``or'' after the
semicolon;
(2) in clause (ix), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(x) an organization whose--''

``(I) membership comprises substantially veterans (as
defined under section 101 of title 38); and
``(II) representatives are recognized by the Secretary of
Veterans Affairs under section 5902 of title 38.''.

General Leave

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members may

[[Page 19758]]

have 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. CHU. I yield myself such time as I may consume.
Mr. Speaker, on behalf of the House Committee on Oversight and
Government Reform, I present S. 3794, the FOR VETS Act of 2010. The
measure authorizes the transfer of Federal surplus property to State
agencies for donation within the State for veterans organizations.
S. 3794 was introduced by our colleague in the other Chamber, Senator
Patrick Leahy of Vermont, on September 16, 2010. It was referred to the
Senate Committee on Homeland Security and Governmental Affairs and
agreed to in the Senate, with amendment, by unanimous consent. The bill
was referred to the House Committee on Oversight and Government Reform
on November 15, 2010.
This bill, which was originally known as the Formerly Owned Resources
for Veterans to Express Thanks for Service Act of 2010, adds veterans
groups to the list of entities already eligible to receive the transfer
of surplus Federal property from State agencies through donation. Under
this measure, eligible groups will include education or public health
organizations whose membership is substantially comprised of veterans
and whose representatives are recognized by the Secretary of Veterans
Affairs.
Mr. Speaker, S. 3794 provides unneeded and unutilized Federal
property to assist our veterans in their daily lives. This is a small
token of our gratitude for their sacrifices on behalf of our country,
but one that can make a great difference to those proud men and women
who have given so much for us. I would like to thank Senator Leahy,
Chairman Towns, and Ranking Member Issa for their hard work on this
bill; and I encourage my colleagues to join me in supporting this
commonsense legislation.
I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of S. 3794, the FOR VETS Act of 2010. Mr.
Speaker, this is a simple bill that is long overdue. The FOR VETS Act,
known as the Formerly Owned Resources for Veterans to Express Thanks
for Service Act--that's a great acronym right there--makes
organizations whose membership is comprised primarily of veterans
eligible to receive excess personal Federal property. I think it's
appropriate that we draw a distinction between personal property and
real property. There are major differences, and the value is certainly
one of them.
Every day, Mr. Speaker, the General Services Administration, through
State agencies, donates surplus goods, such as computers and home
appliances, to a wide variety of organizations such as hospitals,
schools, and public libraries. The FOR VETS Act simply adds veterans
organizations to this list of eligible recipients who can receive the
excess Federal personal property. The property being donated under the
FOR VETS Act will be items that the Federal Government is no longer
using. I can't imagine a more deserving segment of the population to
which we should be donating this excess property.

{time} 1510

Mr. Speaker, I yield back the balance of my time.
Ms. CHU. Mr. Speaker, I again urge my colleagues to join me in
supporting this measure, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Chu) that the House suspend the rules
and pass the bill, S. 3794.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________

MESSAGE FROM THE SENATE

A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has passed a bill of the following title in which the
concurrence of the House is requested:

S. 372. An act to amend chapter 23 of title 5, United
States Code, to clarify the disclosures of information
protected from prohibited personnel practices, require a
statement in nondisclosure policies, forms, and agreements
that such policies, forms, and agreements conform with
certain disclosure protections, provide certain authority for
the Special Counsel, and for other purposes.

The message also announced that the Senate has agreed to a concurrent
resolution of the following title in which the concurrence of the House
is requested:

S. Con. Res. 77. Concurrent resolution to provide for the
approval of final regulations issued by the Office of
Compliance to implement the Veterans Employment Opportunities
Act of 1998 that apply to certain legislative branch
employing offices and their covered employees.

The message also announced that the Senate agrees to the amendment of
the House to the bill (S. 3817) ``An Act to amend the Child Abuse
Prevention and Treatment Act, the Family Violence Prevention and
Services Act, the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978, and the Abandoned Infants Assistance Act of 1988 to
reauthorize the Acts, and for other purposes.''.

____________________

CONGRATULATING GERDA WEISSMANN KLEIN ON PRESIDENTIAL MEDAL OF FREEDOM

Ms. CHU. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 1743) congratulating Gerda Weissmann Klein on being
selected to receive the Presidential Medal of Freedom, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 1743

Whereas Gerda Weissmann was born in Bielsko, Poland in
1924;
Whereas within months of the German invasion of Poland in
1939, Ms. Weissmann's brother Arthur was taken away by the
Germans and the remainder of her family was forced to live in
a ghetto;
Whereas Ms. Weissmann was soon separated from her parents,
who were sent to Auschwitz;
Whereas Ms. Weissmann was forced to spend the next 3 years
in a succession of slave-labor and concentration camps;
Whereas in 1945, Ms. Weissmann was forced to walk in a 350-
mile death march during which 2,000 women, including Ms.
Weissmann, were subjected to starvation, exposure, and
arbitrary execution;
Whereas the death march ended in Volary, Czechoslovakia,
when the survivors were liberated by the United States Army;
Whereas Ms. Weissmann was one of less than 120 women to
survive the death march;
Whereas one of the American Army officers who helped
liberate the survivors was German-born Lieutenant Kurt Klein,
whose parents had been murdered in Auschwitz;
Whereas Ms. Weissmann and Lieutenant Klein fell in love,
got married, and moved to the United States to start a
family;
Whereas upon moving to the United States, Mrs. Weissmann
Klein worked vigilantly to promote Holocaust education and
remembrance, teach tolerance, and combat hunger;
Whereas Mrs. Weissmann Klein's first book, All But My Life,
was published in 1957, and chronicles her courageous struggle
for survival during the Holocaust;
Whereas One Survivor Remembers, a documentary about Mrs.
Weissmann Klein's experiences during the Holocaust, won an
Academy Award in 1996;
Whereas Mrs. Weissmann Klein's lifelong work has been to
repay this country for her freedom and the boundless
opportunities given to her, she founded Citizenship Counts, a
nonprofit organization that teaches today's youth to
appreciate and celebrate the majesty of their American
citizenship;
Whereas Mrs. Weissmann Klein's life and work have inspired
generations of Americans and countless individuals from
around the world; and
Whereas, on November 17, 2010, President Barack Obama
announced that Gerda Weissmann Klein would be awarded the
Presidential Medal of Freedom: Now, therefore, be it
Resolved, That the House of Representatives congratulates
Gerda Weissmann Klein on being selected to receive the
Presidential Medal of Freedom.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Chu) and the gentleman from Utah (Mr. Chaffetz) each
will control 20 minutes.

[[Page 19759]]

The Chair recognizes the gentlewoman from California.

General Leave

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. CHU. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of House Resolution 1743, a measure
congratulating Gerda Weissmann Klein on being selected to receive the
Presidential Medal of Freedom. House Resolution 1743 was introduced by
our colleague, the gentleman from Arizona, Representative Harry
Mitchell, on December 1, 2010. The measure enjoys the support of over
90 Members of the House.
Mr. Speaker, in 1939, Mrs. Weissmann Klein was living in Poland at
the age of 15. Within months of the German invasion of Poland that
year, she began to lose her family. Her beloved older brother, Arthur,
was taken away by the Germans, and the remainder of her family was
forced to live in a ghetto. Later, the Nazis separated her from her
parents, sending them to Auschwitz.
Weissmann Klein was forced to spend 3 years in a series of
concentration and slave labor camps from 1942 to 1945. In 1945, she and
the other inmates of her camp were sent on a 350-mile death march to
avoid the advance of Allied forces. When the U.S. Army liberated the
survivors of the march in Volary, Czechoslovakia on May 7, 1945, she
was one of fewer than 120 out of 2,000 women to survive.
After the war, she married Lieutenant Kurt Klein of the U.S. Army, an
intelligence officer present at the liberation at Volary. She settled
with Kurt in Buffalo, New York, and had three children. She then spent
decades telling her story, giving speeches, and writing books offering
a message of hope drawn from her struggle for survival.
She and Kurt also got involved in a number of charity efforts. In
1998, they started the Gerda and Kurt Klein Foundation, a public
nonprofit foundation which promoted the teaching of tolerance, respect
for others, and the value of community service. Currently, she is
focusing her efforts on her new foundation, Citizenship Counts, a
nonprofit organization that reaches out to middle and high school
students to promote the appreciation and potential of American
citizenship and the democratic process.
For her life of service and promotion of tolerance and understanding
among all people, President Obama announced that early next year, Gerda
Weissmann Klein will be one of 15 recipients of the Nation's highest
civilian honor, the Presidential Medal of Freedom.
Mr. Speaker, let us now pay tribute to Mrs. Weissmann Klein and
congratulate her on being selected for the Presidential Medal of
Freedom through the passage of House Resolution 1743. I urge my
colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of House Resolution 1743, congratulating
Gerda Weissmann Klein on being selected to receive the Presidential
Medal of Freedom.
Mr. Speaker, last month, on November 17, Gerda Weissmann Klein was
informed that she will be receiving the Presidential Medal of Freedom.
This award is the highest civilian honor that an American can receive,
and Ms. Klein is very deserving.
She was born in Poland in 1924, and was taken prisoner when Nazi
Germany invaded Poland in 1939. After being separated from her parents,
Ms. Klein spent the next 6 years in concentration camps--6 years.
In 1945, Ms. Weissmann was forced to walk 350 miles in a death march
where roughly 2,000 women were subjected to starvation, exposure, and
arbitrary execution. Ms. Weissmann was one of less than 120 women who
miraculously survived the death march and were liberated by the United
States forces in Czechoslovakia.
One of the U.S. soldiers who was there to liberate the women was
Lieutenant Kurt Klein. Klein and Ms. Weissmann soon fell in love and
were later married.
Since moving to America after the war, Mrs. Weissmann Klein has
worked tirelessly to promote Holocaust education and remembrance, teach
tolerance, and combat hunger. She has written multiple books about her
experience as a Holocaust survivor, and, to this day, she works to
promote tolerance and educate people about the horrors of the
Holocaust.
It is with great honor I commend her on being selected to receive
this award and thank her for the work she has done.
Mr. Speaker, I reserve the balance of my time.
Ms. CHU. Mr. Speaker, I am pleased to yield 5 minutes to the sponsor
of this resolution, Representative Harry Mitchell from Arizona.
Mr. MITCHELL. Mr. Speaker, I rise today in support of H. Res. 1743,
as amended, a resolution congratulating Gerda Weissmann Klein on
receiving the Presidential Medal of Freedom.
Mrs. Weissmann Klein's story is remarkable and represents so much of
what is so great about America. She was born in Bielsko, Poland in
1924. She was just 15 years old when Germany invaded her homeland in
1939, and the world she knew changed forever. Her brother, Arthur, was
taken by the Nazis. Her parents were sent to death camps in Auschwitz.
For 3 years, Gerda was forced to endure a succession of slave labor and
concentration camps.
In 1945, Gerda was one of 2,000 women forced by Nazis to walk a 350-
mile death march, during which women were subjected to starvation,
exposure, and arbitrary execution. The death march finally ended in
Volary, Czechoslovakia, when the survivors were liberated by the United
States Army. Gerda was one of fewer than 120 women who survived.
One of the American Army officers who helped liberate Gerda that day
was a German-born Lieutenant named Kurt Klein, whose parents had been
murdered at Auschwitz. Gerda and Kurt fell in love, got married, and
moved to the United States and started a family.
Once here, Gerda and Kurt worked diligently to promote Holocaust
education and remembrance. They taught tolerance and worked to combat
hunger.
Gerda became a United States citizen, a privilege for which she has
devoted her life's work as gratitude. She founded Citizenship Counts, a
nonprofit organization that teaches our youth to appreciate and
celebrate the majesty of their American citizenship.
In 1957, Gerda's first book, ``All But My Life,'' was published. It
chronicles her courageous struggle for survival during the Holocaust.
In 1996, ``One Survivor Remembers,'' a documentary about her
experiences during the Holocaust, won an Academy Award.
Gerda Weissman Klein's life and work have inspired generations of
Americans and countless individuals around the world.
Last month, President Barack Obama announced that Gerda Weissmann
Klein would be awarded the Presidential Medal of Freedom. This is the
highest civilian honor that can be bestowed, and it is well deserved.
I urge my colleagues to support this resolution, as amended.
Before I yield, I want to thank Representative Jean Schmidt for
partnering with me on this resolution. I also want to thank Chairman
Towns and Ranking Member Issa, as well as both the majority and
minority member staffs, for helping bring this resolution to the floor.

{time} 1520

Mr. CHAFFETZ. Mr. Speaker, I have been very critical of a lot of
resolutions that have come to the floor recognizing things like the
Hollywood Walk of Fame. But there are certain people, certain things
that rise to a level of excellence that are so extraordinary that they
deserve the recognition of this Nation and of this body, and I find
that this fits that category. So it is my honor to join in strong
support of this resolution and urge my colleagues to vote for it.

[[Page 19760]]

Mrs. SCHMIDT. Mr. Speaker, I rise in strong support of H. Res. 1743.
I was honored to join with Congressman Mitchell to introduce this
Resolution which congratulates Gerda Weissmann Klein on being selected
to receive the Presidential Medal of Freedom.
Mrs. Weissmann Klein was born in 1924 in Bielsko, Poland. She is a
Holocaust survivor and an amazing person with a truly inspirational
story.
When Germany invaded Poland in 1939, her family was forced to live in
a ghetto. She was separated from her family and spent 3 years in slave-
labor and concentration camps. In 1945, she was forced to walk a 350-
mile death march that ended in Volary, Czechoslovakia. Out of 2,000
women, less than 120 survived.
A true love story, she met her future husband, German-born U.S. Army
Lieutenant Kurt Klein, amongst the liberators in Volary. They married,
moved to the United States, and started a family.
Mrs. Weissmann Klein has led a dignified life in the United States.
She is dedicated to her family and to educating others about many
things, including the Holocaust and the importance of citizenship.
She is the author of five books. Among them is one the best
biographies I have ever read, All But My Lift, which recounts her
experiences before and after the Holocaust. The award winning
documentary, One Survivor Remembers, is based upon All But My Life and
won an Emmy Award and the Academy Award for documentary short subject.
The glass is always half full with Mrs. Weissmann Klein. She has
personally witnessed the very worst of humanity, yet she rises above it
to promote courage, compassion, forgiveness, and the meaning of
freedom.
I was fortunate to meet Mrs. Weissmann Klein when she was in Ohio to
speak with a school group. She has spoken with many students throughout
the country, including those in my own Congressional District in
Southwest Ohio.
Mrs. Weissmann Klein will receive the Presidential Medal of Freedom
in early 2011. I hope that all our colleagues in the House will join us
in congratulating her on this well-deserved honor.
Mr. CHAFFETZ. I yield back the balance of my time.
Ms. CHU. Mr. Speaker, I again urge my colleagues to join me in
supporting this measure, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Chu) that the House suspend the rules
and agree to the resolution, H. Res. 1743, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. CHU. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________

HARRY T. AND HARRIETTE MOORE POST OFFICE

Ms. CHU. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 5446) to designate the facility of the United States Postal
Service located at 600 Florida Avenue in Cocoa, Florida, as the ``Harry
T. and Harriette Moore Post Office''.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 5446

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

SECTION 1. HARRY T. AND HARRIETTE MOORE POST OFFICE.

(a) Designation.--The facility of the United States Postal
Service located at 600 Florida Avenue in Cocoa, Florida,
shall be known and designated as the ``Harry T. and Harriette
Moore Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Harry T. and Harriette Moore Post
Office''.

General Leave

[[Page 19761]]

praise. Let us now pay tribute to the life and work of Harry T. and
Harriette Moore by designating the postal facility on Florida Avenue in
Cocoa, Florida, in their honor. I urge my colleagues to vote in favor
of H.R. 5446.
I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, let me simply say the majority has done a
wonderful and thorough job of describing the justification for this
bill. I commend Mr. Posey, our colleague from Florida, for introducing
this bill and urge support of this bill.
Mr. POSEY. Mr. Speaker, I am pleased to rise today in support of
legislation I introduced earlier this year (H.R. 5446) to name the U.S.
Post Office in Cocoa, Florida in honor of Harry T. and Harriette Moore.
Harry T. Moore and his wife Harriette Moore served as pioneer
trailblazers of the modern civil rights movement, propelling the
struggle for justice and equality far beyond the borders of their home
in Brevard County, Florida. Remembered for their dignity, compassion,
and emphasis on education, Mr. and Mrs. Moore left a legacy that
remains close to the hearts of community members; one that is sure to
outlast the lengths of their lives that were so tragically cut short.
Harry began his first job as an elementary teacher at Monroe
Elementary School in Cocoa, Florida in 1925. It is only fitting that
the Post Office in the community where he began his service to this
community bear his name. Two years later, Harry began a decade of
service as a High School Principal in Titusville. Then, from 1936-1946
he served as Principal and Fifth and Sixth Grade teacher in Mims.
The couple first met in Brevard County when Harry was serving as a
principal in Titusville and Harriette was an elementary school teacher.
They were married on Christmas Day in 1926. They were blessed with two
daughters and they committed the duration of their lives to the pursuit
of civil justice for African Americans.
In 1934, the Moores founded the Brevard County Chapter of the NAACP,
which led to a Statewide NAACP Conference in 1941. Mr. Moore served as
the President of the Florida State Conference of NAACP chapters, as
well as the founder and Executive Director of the Progressive Voters
League. It was through these channels that the Moores propelled
progress on such issues as equality, education, and voter registration.
Their steadfast adherence to equality was not without a price, however,
as both Mr. and Mrs. Moore were fired from their teaching jobs and
found it difficult to find employment due to their activism. To
proclaim them pillars of the community would be an understatement.
As the couple also celebrated their 25th wedding anniversary on
Christmas Eve, 1951, a bomb exploded beneath their home. Mr. Moore died
on the way to the hospital, and Mrs. Moore died as a result of her
injuries 9 days later. The tragic murder, which cut short the lives of
this heroic couple, sparked an even more resounding outcry for civil
rights.
Having recognized the profound impact the Moores made on the
community, Brevard County has since honored them by designating their
homesite a Florida Historical Heritage Landmark, creating the Harry T.
and Harriette Moore Memorial Park and Interpretive Center, and naming
its Justice Center after the trailblazing couple. Additionally, the
NAACP posthumously awarded Mr. Moore the Spingarn Medal for outstanding
achievement by an African American. Both of these fine citizens
undoubtedly touched the lives of others with the dedication, integrity,
persistence, compassion, and commitment each of them so courageously
demonstrated.
Approving H.R. 5446 will further honor the achievements and
sacrifices of Harry T. and Harriette Moore, the leaders and first
martyrs of our Nation's modern civil rights era. By designating the
United States Postal Service located at 600 Florida Avenue in Cocoa,
Florida as the ``Harry T. and Harriette Moore Post Office'', we will
commemorate the Moores' legacy in a town where Mr. Moore began his
service to others. This will serve as a reminder to this community of
the important and lasting contribution the Moore's made to Cocoa and
the Nation. I urge my colleagues to support me on this measure.
Mr. CHAFFETZ. I yield back the balance of my time.
Ms. CHU. Mr. Speaker, I again urge my colleagues to join me in
supporting this measure, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Chu) that the House suspend the rules
and pass the bill, H.R. 5446.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. CHU. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of XX and the Chair's
prior announcement, further proceedings on this motion will be
postponed.

____________________

CENSUS OVERSIGHT EFFICIENCY AND MANAGEMENT REFORM ACT OF 2010

Mrs. MALONEY. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3167) to amend title 13 of the United States Code to provide
for a 5-year term of office for the Director of the Census and to
provide for the authority and duties of the Director and Deputy
Director of the Census, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 3167

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 ``Census Oversight Efficiency
and Management Reform Act of 2010''.

SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR
OF THE CENSUS.

(a) In General.--Section 21 of the title 13, United States
Code, is amended to read as follows:

``Sec. 21. Director of the Census; Deputy Director of the
Census; authority and duties

``(a) Definitions.--As used in this section--
``(1) `Director' means the Director of the Census;
``(2) `Deputy Director' means the Deputy Director of the
Census; and
``(3) `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
``(b) Director of the Census.--
``(1) Appointment.--
``(A) In general.--The Bureau shall be headed by a Director
of the Census, appointed by the President, by and with the
advice and consent of the Senate.
``(B) Qualifications.--Such appointment shall be made from
individuals who have a demonstrated ability in managing large
organizations and experience in the collection, analysis, and
use of statistical data.
``(2) General authority and duties.--
``(A) In general.--The Director shall report directly to
the Secretary without being required to report through any
other official of the Department of Commerce.
``(B) Duties.--The Director shall perform such duties as
may be imposed upon the Director by law, regulation, or
orders of the Secretary.
``(C) Independence of director.--No officer or agency of
the United States shall have any authority to require the
Director to submit legislative recommendations, or testimony,
or comments for review prior to the submission of such
recommendations, testimony, or comments to Congress if such
recommendations, testimony, or comments to Congress include a
statement indicating that the views expressed therein are
those of the Bureau and do not necessarily represent the
views of the President.
``(3) Term of office.--
``(A) In general.--The term of office of the Director shall
be 5 years, and shall begin on January 1, 2012, and every
fifth year thereafter. An individual may not serve more than
2 full terms as Director.
``(B) Vacancies.--Any individual appointed to fill a
vacancy in such position, occurring before the expiration of
the term for which such individual's predecessor was
appointed, shall be appointed for the remainder of that term.
The Director may serve after the end of the Director's term
until reappointed or until a successor has been appointed,
but in no event longer than 1 year after the end of such
term.
``(C) Removal.--An individual serving as Director may be
removed from office by the President. The President shall
communicate in writing the reasons for any such removal to
both Houses of Congress not later than 60 days before the
removal.
``(4) Functions.--The Director shall be responsible for the
exercise of all powers and the discharge of all duties of the
Bureau, and shall have authority and control over all
personnel and activities thereof.
``(5) Organization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or
components within the Bureau as the Director considers
necessary or appropriate, except that this paragraph shall
not apply with respect to any unit or component provided for
by law.
``(6) Advisory committees.--
``(A) Advisory committees generally.--

[[Page 19762]]

``(i) Authority to establish.--The Director may establish
such advisory committees as the Director considers
appropriate to provide advice with respect to any function of
the Director.
``(ii) Compensation and expenses.--Members of any advisory
committee established under clause (i) shall serve without
compensation, but shall be entitled to transportation
expenses and per diem in lieu of subsistence in accordance
with section 5703 of title 5.
``(B) Technology advisory committee.--
``(i) In general.--Not later than 180 days after the date
of the enactment of the Census Oversight Efficiency and
Management Reform Act of 2010, the Director shall establish a
technology advisory committee under subparagraph (A).
``(ii) Membership.--Members of the technology advisory
committee shall be selected from the public, private, and
academic sectors from among those who have experience in
technologies and services relevant to the planning and
execution of the census.
``(iii) Duties.--The technology advisory committee shall
make recommendations to the Director and publish reports on
the use of commercially available technologies and services
to improve efficiencies and manage costs in the
implementation of the census and census-related activities,
including pilot projects.
``(7) Regulations.--The Director may, in consultation with
the Secretary, prescribe such rules and regulations as the
Director considers necessary or appropriate to carry out the
functions of the Director.
``(8) Delegations, etc.--The Director may assign duties,
and delegate, or authorize successive redelegations of,
authority to act and to render decisions, to such officers
and employees of the Bureau as the Director may find
necessary. Within the limitations of such assignments,
delegations, or redelegations, all official acts and
decisions of such officers and employees shall have the same
force and effect as though performed or rendered by the
Director. An assignment, delegation, or redelegation under
this paragraph may not take effect before the date on which
notice of such assignment, delegation, or redelegation (as
the case may be) is published in the Federal Register.
``(9) Other authorities.--
``(A) Personnel.--Subject to sections 23 and 24, but
notwithstanding any other provision of law, the Director, in
carrying out the functions of the Director or the Bureau, may
use the services of officers and other personnel in other
Federal agencies, including personnel of the Armed Forces,
with the consent of the head of the agency concerned.
``(B) Voluntary services.--Notwithstanding section 1342 of
title 31, or any other provision of law, the Director may
accept and use voluntary and uncompensated services.
``(c) Deputy Director.--
``(1) In general.--There shall be in the Bureau a Deputy
Director of the Census, who shall be appointed by and serve
at the pleasure of the Director. The position of Deputy
Director shall be a career reserved position within the
meaning of section 3132(a)(8) of title 5.
``(2) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
``(3) Temporary authority to perform functions of
director.--The provisions of sections 3345 through 3349d of
title 5 shall apply with respect to the office of Director.
The first assistant to the office of Director is the Deputy
Director for purposes of applying such provisions.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(b) of title 13, United
States Code, as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office,
the officer serving on December 31, 2011, as Director of the
Census (or Acting Director of the Census, if applicable) in
the Department of Commerce--
(A) shall serve as the Director of the Bureau of the
Census;
(B) shall assume the powers and duties of such Director,
until the initial Director has taken office; and
(C) shall report directly to the Secretary of Commerce.
(c) Clerical Amendment.--The item relating to section 21 in
the table of sections for chapter 1 of title 13, United
States Code, is amended to read as follows:

``21. Director of the Census; Deputy Director of the Census; authority
and duties.''.
(d) Technical and Conforming Amendments.--Not later than
January 1, 2011, the Secretary of Commerce, in consultation
with the Director of the Census, shall submit to each House
of the Congress draft legislation containing any technical
and conforming amendments to title 13, United States Code,
and any other provisions which may be necessary to carry out
the purposes of this Act.

SEC. 3. INTERNET RESPONSE OPTION.

Not later than 180 days after the date of the enactment of
this Act, the Director of the Census, shall provide a plan to
Congress on how the Bureau of the Census will test, develop,
and implement an Internet response option for the 2020 Census
and the American Community Survey. The plan shall include a
description of how and when feasibility will be tested, the
stakeholders to be consulted, when and what data will be
collected, and how data will be protected.

SEC. 4. ANNUAL REPORTS.

(a) In General.--Subchapter I of chapter 1 of title 13,
United States Code, is amended by adding at the end the
following new section:

``Sec. 17. Annual reports

``(a) Not later than the date of the submission of the
President's budget request for a fiscal year under section
1105 of title 31, the Director of the Census shall submit to
the appropriate congressional committees a comprehensive
status report on the next decennial census, beginning with
the 2020 decennial census. Each report shall include the
following information:
``(1) A description of the Bureau's performance goals for
each significant decennial operation, including the
performance measures for each operation.
``(2) An assessment of the risks associated with each
significant decennial operation, including the
interrelationships between the operations and a description
of relevant mitigation plans.
``(3) Detailed milestone estimates for each significant
decennial operation, including estimated testing dates, and
justification for any changes to milestone estimates.
``(4) Updated cost estimates for the life cycle of the
decennial census, including sensitivity analysis and an
explanation of significant changes in the assumptions on
which such cost estimates are based.
``(5) A detailed description of all contracts over
$50,000,000 entered into for each significant decennial
operation, including--
``(A) any changes made to the contracts from the previous
fiscal year;
``(B) justification for the changes; and
``(C) actions planned or taken to control growth in such
contract costs.
``(b) For purposes of this section, the term `significant
decennial operation' includes any program or information
technology related to--
``(1) the development of an accurate address list;
``(2) data collection, processing, and dissemination;
``(3) recruiting and hiring of temporary employees;
``(4) marketing, communications, and partnerships; and
``(5) coverage measurement.''.
(b) Clerical Amendment.--The table of sections for chapter
1 of title 13, United States Code, is amended by inserting
after the item relating to section 16 the following new item:

``17. Annual reports.''.
(c) Effective Date.--The amendments made by this section
shall apply to budget requests for fiscal years beginning
after September 30, 2010.

{time} 1530

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New York (Mrs. Maloney) and the gentleman from North Carolina (Mr.
McHenry) each will control 20 minutes.
The Chair recognizes the gentlewoman from New York.

General Leave

Mrs. MALONEY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. MALONEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of the Census Oversight
Efficiency and Management Reform Act, important bipartisan legislation
that I introduced with my colleague, Congressman Charles Dent. Senators
Carper and Coburn in a bipartisan way introduced the companion bill in
the Senate that recently passed the Senate unanimously, 100 votes in
favor, and is now before us today.
This is a strong bill with no cost to American taxpayers, and it will
help ensure a better census for 2020 and beyond. It is bipartisan, it
is good government, it is scientific independence, and it is good
management. This important reform ensures consistent, professional
management of this major scientific agency and minimizes political
interference of its vital constitutional mission.
I am grateful to Senators Carper and Coburn for their bipartisan
leadership on this issue in the Senate. Now we in the House must commit
to forward

[[Page 19763]]

thinking to avoid problems in the run-up to the 2020 census.
Our country owes a great deal to James Madison and Thomas Jefferson
for handing down the innovation of a census whose goal is to ensure
fair political representation. If we want to attract future census
leaders in their mold, we must give the Census Bureau the professional
independence called for in this bill.
This bill is a way of saying to the American public that we honor the
intent of the Framers and we acknowledge the incredible participation
of the public earlier this year to make the 2010 census a success.
Madam Speaker, all seven former living census directors, who served
Republican and Democratic Presidents, support this bill: Vincent P.
Barabba, who worked for Presidents Nixon, Ford and Carter; John G.
Keane who worked for President Reagan; Barbara Everitt Bryant who
worked for the first President Bush; and Martha Farnsworth Riche and
Kenneth Prewitt who worked for President Clinton; and Charles Louis
Kincannon and Steven H. Murdock who worked for George W. Bush, the
former directors support an advocacy on behalf of this bill; and they
testified at congressional hearings, met with congressional leaders on
this bill, and their participation underscores the importance of the
reforms needed to ensure that the Census Bureau is able to best perform
its constitutional mandate of providing a fair and accurate census
count.
I worked with Senators Carper and Coburn and my colleague,
Congressman Dent, to develop this bill based on the experiences of the
seven former bipartisan census directors and what they thought we need
to overcome the challenges which plagued each of the last four censuses
in 1980, 1990, 2000, and in the planning for the 2010 census. This bill
enjoys bipartisan support across scientific, social, and political
groups. They support it in a bipartisan way, from the leadership
conference on civil rights representing over 200 civil rights
organizations to NATEO, the National Association of Latino Elected
Officials, to a host of scientific organizations, including the
American Statistical Association. With Senator Carper and Senator
Coburn's leadership in the Senate, it passed unanimously.
What this bill would do is give the director the independence to
report directly to the Secretary of Commerce. It would make the
director of the Census Bureau a Presidential term appointment of 5
years with the 10-year census cycle split into two 5-year phases,
planning and implementation.
Further, it strengthens overall transparency and oversight of census
management which is a very good thing. This legislation would allow the
Census director to report to Congress and the Commerce Secretary
directly on the needs at Census to help prevent challenges such as the
failure to develop handheld computer technology for the 2010 census,
and to have the power to say to Congress when he or she disagrees with
an administration position on the census.
After nearly 2 years of consideration and debate on the ideas in this
bill in both the House and the Senate, and now at the 11th hour and
59th minute, after the Senate approves it unanimously, the Commerce
Department last night sent over their concerns. The Secretary supports
the 5-year term for the Census director, but seeks some changes to the
bill's requirements that the Census director be required to respond
completely to Congress in testimony and to the requirement that the
highest levels of management at Commerce take responsibility for
oversight of Census management.
Of course, this is precisely what we in Congress seek to change.
These two provisions are about accountability and transparency. We in
Congress are insisting that we finally end the musical chairs of Census
management we witnessed over the past several decades and that when we
ask questions, we actually get the answers. We must allow the career
professionals at the Census to be able to tell us what is on their
mind.
This bill will remove barriers that prevented Congress from knowing
the full story and planning for 2010, which put the census at risk
before Congress acted to fully fund a new design. I am confident this
bill will ensure Congress will get the information we deserve, to get
us a fairly and fully funded census no matter who occupies the White
House in 2020.
There are some who may not like this bill or have additional ideas
for reform, but I deeply believe we can build on this legislation and
continue to work together in a bipartisan way to ensure a fair and
accurate full census count. There is no reason we cannot move forward
on this issue today and enact these commonsense reforms now.
The next census will occur during a Presidential election, which runs
the risk of disrupting the operation. We must act now to ensure we can
get a professional manager like Dr. Groves at Census long before 2020.
We need to bring focus, transparency, and accountability to the process
of planning and implementing the census. There is too much at stake for
our constitutional government, for the fair description of over $400
billion in Federal funds, and for the basic trust in our statistical
system to do anything less than enact this bill. With the Senate
action, now is the time to get this bill to the President. We can show
the American public Congress can work together in a bipartisan fashion
to reform government and get results.
Madam Speaker, I reserve the balance of my time.

{time} 1540

Mr. McHENRY. Madam Speaker, today I rise in strong opposition to S.
3167. In the last 2 years, I have served as the ranking member of the
Census Subcommittee here in the House. We have had no legislative
hearing, no markup, no substantive discussions about the content of
this legislation. And here we are at the last hour of a lame duck
Congress and they are trying to pass a piece of legislation that hasn't
had an honest-to-goodness legislative hearing or a markup.
Well, I guess that is what we have seen over the last 24 months out
of this Congress, a disregard for the legislative process. I don't
think it is responsible for us to pass a major piece of legislation
like this, and it does have a major impact. I certainly appreciate my
colleague submitting ideas such as this to improve the census, but I
don't think this is the right approach.
To that end, I would like to submit for the Record a letter from the
Department of Commerce signed by Secretary Gary Locke dated December 13
stating his opposition to components of this legislation.
I think it is important that we should not reward the Census Bureau
for a repeated history of cost overruns and mishaps. These suggest that
the Bureau needs more, not less, oversight.
S. 3167 would grant greater autonomy to the Census Director. The bill
would have the director bypass the Commerce Under Secretary for
Economics and Statistics Administration, ESA, in favor of a direct
report to the Commerce Secretary. Each Commerce Secretary has opposed
this proposal. In fact, the current Commerce Secretary has 16 direct
reports, so this further puts in place a process that I don't think is
sustainable for this Commerce Secretary or future Commerce Secretaries.
Yesterday, the current Commerce Secretary, Gary Locke, wrote a letter
to the Congress stating, The department strongly opposes the provisions
of this bill enabling the Census Bureau Director to submit legislative
recommendations or testimony to Congress without supervisory review.
This letter also expresses concern about the provisions of the bill
that would require the Director of the Census Bureau to report directly
to the Secretary of Commerce.
With regard to these views, it is worth pointing out that it is the
Commerce Secretary himself who is granted the statutory authority to
carry out the decennial census. The Census Bureau will have less
oversight if it reports directly to the Secretary, as I stated before,
because the Secretary has 16 direct reports.
The Census Director currently reports to the Under Secretary for
Economic Affairs, who heads ESA. It is the role of ESA to coordinate
economic

[[Page 19764]]

data, some of which is provided to the Census Bureau's Economic
Directorate. Granting the Census Bureau autonomy from ESA will hinder
the coordination of economic data, and certainly we are a world leader
in terms of our regard for economic data.
The Census Bureau wants to operate as independently as possible. That
certainly is understandable. But it is also important to recognize a
history of cost overruns the Bureau has had under Democrat and
Republican administrations, and the GAO has put the 2010 census on its
high risk list due to concerns of mismanagement within the Census
Bureau. Again, that was a bipartisan problem. Congress should not
reward fiscal irresponsibility by granting additional autonomy.
Madam Speaker, this bill does not establish accountability. It does
not require the Census Bureau to have an inspector general, which I
think would be proper. It does not establish fiscal constraints. It
does not even provide guidelines on the questions and surveys that it
can ask the American people. And it doesn't require the Bureau to
produce alternative methods of procuring statistical data, such as
partnerships with universities and the private sector, which I think is
necessary and proper in this time that we are in.
Madam Speaker, consideration of this bill is premature. The 2010
census results will be released one week from today. The Bureau just
announced that yesterday. But crucial information concerning the
statistical confidence level of the data will not be released until
early next year.
Again, this bill is premature. I certainly appreciate my colleague's
interest in this, but I think it is better handled in the next
Congress, where we can actually have an honest-to-goodness, I don't
know, legislative hearing perhaps, maybe even a markup of a bill, and
actually get some input from both sides. Just because the Senate passed
it doesn't mean the House should rubberstamp it, by any means. But I do
think we should have serious consideration of this bill and do it under
the light of day, not at the 11th hour of a dying Congress.
So, that is my view, and I think that is the view of many colleagues
on my side of the aisle as well.

U.S. Department of Commerce,

The Secretary of Commerce,

Washington, DC, December 13, 2010.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, U.S.
House of Representatives, Washington, DC.
Dear Mr. Chairman: This letter provides the views of the
Department of Commerce on the Senate-passed version of S.
3167, the ``Census Oversight Efficiency and Management Reform
Act of 2010.'' Your continued work on behalf of the Census
Bureau is appreciated, and we look forward to working with
you to make it an even better agency.
The Department of Commerce's goal is to ensure that the
Census Bureau functions as a transparent, cost-effective, and
competent organization that is successful in planning and
implementing its programs, while maintaining its statistical
integrity and freedom from political interference. Therefore,
we consider it crucial that we convey the following
assessment of several provisions of the legislation as passed
by the Senate.
The Department supports the provision of the bill that
would create a five-year fixed term for the Census Bureau
Director beginning on January 1, 2012. A five-year term
(limiting an individual to two full terms) for the Census
Bureau Director helps avoid political interference by giving
the Director more stability across election cycles. This
stability conforms to well-accepted principles and practices
of independence for federal statistical agencies and is the
current status of the appointment of the Commissioner of the
Bureau of Labor Statistics and of the National Center for
Education Studies. It may mitigate the risk of having long
periods after elections where there is no Senate-confirmed
Director, particularly in those years leading up to a
decennial census. At the close of the 2010 Census, five of
the last seven decennial censuses will have been led by a
Director appointed in the year ending in 9 or 0, leading to
management uncertainty at critical times during the decennial
census cycle.
However, the Department strongly opposes the provision of
the bill that could be construed to enable the Census Bureau
Director to submit legislative recommendations or testimony
or comments to Congress without supervisory review, and has
concerns about the provision of the bill that would require
the Director of the Census Bureau to report directly to the
Secretary of Commerce.
With respect to the proposal concerning the submission of
the Census Bureau Director's views directly to Congress where
the views include a statement indicating that they do not
represent the views of the President, the Department of
Justice advises us that in order to avoid infringing on the
powers reserved to the President under the Recommendations
Clause of the Constitution, the Executive Branch would
construe the word ``officer,'' in that provision, not to
include the President, thereby allowing him to direct the
review of the Director's legislative recommendations,
testimony and comments prior to their submission to Congress.
Even as so construed, however, the proposal would overreach
into Executive Branch prerogatives by bypassing normal
communication and decision-making channels within the
Executive Branch, and therefore we oppose it. There are
always a variety of data policy issues under discussion that
are often the subject of testimony or that emerge as
legislative recommendations out of a broader Executive Branch
decision-making process. It is a prerogative of the Executive
Branch to speak with one voice on such issues. The ability to
speak with one voice on policy matters does not interfere
with statistical agencies' ability to provide unfiltered
statistical data. A key principle of government statistical
agencies worldwide is that the credibility of the information
they provide depends on the public perceiving these data as
independent of political intervention.
In addition to this provision, we have concerns about the
provision in the bill that would require the Director of the
Census Bureau to report directly to the Secretary of
Commerce. This provision unnecessarily limits the Secretary's
discretion to establish an organizational structure that best
suits the needs of the Department.
The Director of the Census Bureau has full access and
accountability to the Secretary of Commerce. However, there
are sound reasons for maintaining the current reporting
relationship of the Census Bureau to the Economics and
Statistics Administration (ESA). The Under Secretary for
Economic Affairs, who heads ESA, serves as the principal
adviser to the Secretary on economic issues and also oversees
the activities of the Bureau of Economic Analysis (BEA). The
Under Secretary is responsible for the analysis and
development of policies on economic and statistical issues.
One of ESA's primary roles is to interpret the mission of
statistical agencies to senior officials within the
Department, ensuring that the Office of Management and Budget
directives of independence and freedom from political
influences are maintained.
Like you, I believe that independence from partisan
political interference and effective management oversight and
accountability of the Census Bureau is a top priority. I
encourage you to take into consideration our concerns and
accept our recommendations on this important issue. We are
always looking for ways to improve the Census Bureau and look
forward to continuing to work with you on this and other
important matters.
The Department appreciates the opportunity to present these
views on the Senate-passed version of S. 3167. The Office of
Management and Budget has advised that there is no objection
to the transmittal of these views from the standpoint of the
Administration's program.
If you have any questions, please contact me or April Boyd,
Assistant Secretary for Legislative and Intergovernmental
Affairs, at (202) 482-3663.
Sincerely,
Gary Locke.

Madam Speaker, I reserve the balance of my time.
Mrs. MALONEY. Madam Speaker, I appreciate the gentleman's statement.
As he knows, this is an issue that many of us in a bipartisan way have
worked on for many years.
As you know, my original bill did create an independent Office of the
Census, which by definition would have had an IG. But at the protest of
some of my colleagues and some in the Commerce Department, we kept it
in the Commerce Department, but with independence, so that the Census
Director could speak honesty and truth. I don't think any of us want to
keep someone from testifying in an honest and truthful way and having
their words possibly changed by someone else.
I would like to place in the Record a series of editorials in support
of this bill, from USA Today and many others. There have been hearings
on it, including one in the Joint Economic Committee, where seven
former Census Directors in a bipartisan way testified in support of
this bill.
I would also like to place in the Record the testimony of Dr. Bryant,
a Republican Census Director, and other Republican Census Directors,
along with Dr. Pruitt and others, their testimony on how we can get a
more reliable, transparent, usable census for accuracy for the American
people.

[[Page 19765]]

I would now like to yield such time as she may consume to a very
outstanding member of the committee, the gentlewoman from the District
of Columbia (Ms. Norton).
Ms. NORTON. Madam Speaker, I want to thank the gentlewoman from New
York (Mrs. Maloney) for her initiative in seeing a problem and seeing
to it that we deal with this problem while we have got a hand on it.
Actually, her bill is very timely. The census is about to come out
for the past 10 years, on December 30, and I can tell you, Madam
Speaker, as a member of the subcommittee with jurisdiction over the
census that the census has been controversial throughout my service in
the Congress. Time and again we have seen these controversies before
this committee. But the census should never be controversial. Neither
should a bill that fixes much of what is wrong with the census in a
systemic way, and handily passed the other body, which doesn't pass
much these days.
When it comes to the constitutionally required census, there really
is only one way to act, and that is preventatively. I just want to say
to the House that the handwriting is on the proverbial congressional
wall. We were shocked that only a couple of years ago there was a
serious and very expensive design change in the upcoming census so
close to when the new census was coming into operation.
Now, somebody should have seen this coming, certainly before our
committee found it out and was left with no choice. Remember, this is
the constitutionally required census. Thus, there was no choice but to
accept the added cost. If my friends on the other side are interested
in reducing costs, the way to begin is with this bill, which, it seems
to me, ought to be a consensus bill right now.
Crisis has been a part of every census in modern times, yet most of
what Congress does, if you think about it, is not required; our
appropriations bills, the defense bills, but the census is
constitutionally required. It should not be buried. The census and
those who are responsible for the census should not be buried in an
agency bureaucracy. Direct reporting to the Secretary, not taking the
Census Bureau from the jurisdiction of the Secretary, but direct
reporting to the Secretary of Commerce and complete independence with a
5-year term, is what this bill is after.

{time} 1550

The bill also contains urgently needed management reforms. It should
be a top priority of this Congress, as it faces a new census, to go
home and be able to tell people, We have acted this time ahead of the
next census to make that census less controversial than censuses since
the past decennial census has been in the lifetime of all of us. The
care that has gone into this bill before our subcommittee and committee
should be enough to say to the Congress this afternoon, The time has
come to fix the decennial census once and for all.
Mr. McHENRY. I yield myself such time as I may consume.
Madam Speaker, again, I rise in opposition to this legislation. I
certainly appreciate the sponsor's thoughtfulness in creating it, but I
think there are a number of provisions that do cause problems. And I
agree with the Democrat Secretary of Commerce, the current Secretary of
Commerce, with his opposition to large provisions within it.
In order to thoughtfully legislate on the decennial census, I think
we need to have a hearing and I think we need to have a markup, and I
think we can hash this out. And I am willing to work with my colleague
from New York to make that happen in the next Congress, because I do
think she comes from a sincere place with this legislation.
Unfortunately, it is a piece of flawed legislation. I'll give you one
example.
The Census Director will report directly to the Secretary of
Commerce. Again, that Census Director will be one of 17 individuals
with a direct report to the Secretary of Commerce. However, the
Secretary of Commerce is not able to fire the Census Director. So, if
he or she is a direct report to the Commerce Secretary, shouldn't the
Commerce Secretary have the ability to fire that person if they're
incompetent or inept rather than just letting them serve a 5-year term?
That's one provision within the legislation that I think is
troublesome.
Additionally, as the sponsor mentioned, there is no inspector
general. And, with a multibillion-dollar census, I think it is
important that we have IGs that actually have the power to oversee a
program, and a program that's so large and so expensive.
This census has a $3 billion cost overrun over its life cycle. Now,
the individuals responsible for that weren't held accountable. But that
$3 billion, rather than rewarding the Bureau for having a cost overrun
of that size by giving them independence and autonomy right now, I
think we need to have some thoughtful consideration of how to ensure
that we don't have future cost overruns like that.
With that, I reserve the balance of my time.
Mrs. MALONEY. Madam Speaker, I yield myself such time as I may
consume.
I thank the gentleman for his concern and his thoughtful statements.
If the gentleman is so determined for a markup, there's one bill that
the Republican leadership has told us they must have, and that's the
tax bill. Yet there's been no markup on that tax bill or a hearing on
that tax bill. And there have been hearings and discussions on this. I
have testimony from numerous Republican Census Directors supporting it.
Now, as the gentleman knows--and we changed the bill in response to
the gentleman's concerns and others. We did have it as an independent
agency with an independent IG. We folded it back into Commerce, at your
suggestion and others. And, as you know, the Commerce Department has an
IG. They have their own IG. And if the gentleman in the next Congress
would like to sponsor an amendment to add another IG at Commerce that
looks totally at the Census Bureau, then I would certainly support the
gentleman.
Now, the gentleman has written an op-ed which I found very
interesting, and I appreciate your op-ed that appeared in Politico. You
called for many things in this bill: transparency, independent voice,
accountability. I repeat, because I know cost is an important factor
now, this will cost no additional money to the taxpayer, not one
additional cent. And I would like to join my good friend and colleague
in the spirit of bipartisanship and the dedication of getting an
accurate census for the American people that we pass this bill, and
what the gentleman would like to add to it in the next Congress--and
the gentleman's party is in charge and you will have the votes to add
whatever you would like next year. And I certainly would like to work
with you in a bipartisan way to add the gentleman's concerns, but
there's absolutely no reason not to act on this when seven former
Census Directors have come out strongly for it, including every
Republican Census Director under former President Nixon, under former
President Ford, under former President Reagan, and George Bush 41 and
43, G.W. and his father. So all of their Census Directors have come out
in support of it.
I would also like to place into the Record the National Leadership
Conference on Civil Rights, and they represent 200 different civil
rights organizations, all in support of this bill; the National
Association of Latino Elected and Appointed Officials, their letter in
support of the bill; the Population Association of America and the
Association of Population Centers, their letter of support for the
bill; the American Association for Public Opinion Research, their
statement in support of the bill; the American Planning Association,
their statement in support of the bill; the American Statistical
Association, who are dedicated to accurate numbers, their strong,
strong support of accuracy in this bill; the Consortium of Social
Science Associations, their support; the Latino Census Network, their
strong support; the Mid-Region Council of Governments, their strong
letter of support; and the National Institute for Latino Policy, their
letter

[[Page 19766]]

of support; the Southeast Michigan Census Council, their support of the
bill; and the Southern Demographic Association, their support of the
bill.
So, as my good friend and colleague knows, there is strong support
for this bill. Many allege that the Commerce opposition is just a turf
battle. Well, the census is too important for a turf battle. I would
support the gentleman's amendment to have an independent extra IG. If
he wants two IGs on the Bureau, I would support it, or three or four or
five. I would support the gentleman's extra oversight of what the
Census Bureau is doing. But, mainly, we want them to be given the tools
to get the job done. That is what this bill does.

The Leadership Conference,

December 13, 2010.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. John Boehner,
Minority Leader, House of Representatives, Washington, DC.
Dear Speaker Pelosi and Leader Boehner: On behalf of The
Leadership Conference on Civil and Human Rights, a coalition
charged by its diverse membership of more than 200 national
organizations to promote and protect the rights of all
persons in the United States, we are writing to express our
strong support for the Census Oversight Efficiency and
Management Reform Act (S. 3167/H.R. 4945). The bill includes
needed reforms that will improve the operations of the
decennial Census and other Census activities, and ensure a
count that does not disproportionally miss any segment of the
population. With Senate passage of the bill by unanimous
consent on December 8, we urge the House to swiftly pass the
Senate-approved bill so that it can reach the President's
desk by the end of the year.
The Census occurs on a constitutionally mandated ten-year
cycle, but Presidential administrations run in four-year
cycles that do not fit well with the complex planning and
preparation timetable for the decennial count. This causes
inevitable development and implementation difficulties due to
a lack of consistency and, often, leadership vacuums. The
bill's proposal to create a five-year term appointment for
the Census Bureau Director is an important change that will
allow the Census Bureau to avoid disruptions caused by
changes in administrations, especially around the period of
the decennial census.
As organizations that work to ensure that hard-to-count
communities are fully included in the Census, we welcome the
greater stability for the leadership of the Census Bureau
that this legislation seeks to provide, which will in turn
minimize disruptions in the Census and allow the Census
Bureau to benefit from improved continuity in its overall
operations. We also believe that the new line of authority
from the Census Director to the Secretary of Commerce will
help allow the Census Bureau to more nimbly address problems
and issues that inevitably arise during the decennial census
and other surveys.
It is critical that the bill be enacted promptly, since
planning for the 2020 decennial census is already underway.
We urge swift passage of the bill.
Sincerely,
Wade Henderson,
President & CEO.
Nancy Zirkin,
Executive Vice President.
____

Partnership Council Members,

December 13, 2010.
Hon. William Lacy Clay,
Chairman, Subcommittee on Information Policy, Census, and
National Archives, House of Representatives, Washington,
DC.
Dear Chairman Clay: On behalf of the National Association
of Latino Elected and Appointed Officials (NALEO) Educational
Fund, I am writing to express our support for the Census
Oversight Efficiency and Management Reform Act (H.R. 4945).
The NALEO Educational Fund is one of the nation's leading
organizations in the area of Census policy development and
public education, and we are deeply committed to ensuring
that the Census Bureau provides our nation with the most
accurate count possible of its population.
We believe that H.R. 4945 would provide greater stability
for the leadership of the Census Bureau and its operations by
enhancing the continuity of the Bureau's overall operations.
For example, the bill would establish a fixed five-year term
of office for the Director of the Census Bureau, instead of
the current practice, where the Director is generally
appointed at the beginning of new Presidential
Administrations.
The fixed five-year term established in H.R. 4945 is more
consistent with the constitutionally mandated ten-year cycle
of the Census enumeration, and would enable the Director to
manage operations in a manner that would minimize the
disruptions caused by leadership changes. From our
experiences working with the Census Bureau on its efforts to
reach and enumerate Latinos and other ``hard to count''
communities, we have learned that minor changes in the
operations of the decennial Census can significantly impair
the ability of the Bureau to effectively carry out its
enumeration tasks. Seven former Census Directors, appointed
by Presidents from both political parties, support H.R. 4945
because they believe it would enhance the ability of the
agency to focus on its mission to conduct the Census in a
timely and accurate manner.
We believe that H.R. 4945 takes positive steps toward
providing greater stability for the decennial census and
diminishing operational problems for Census 2020 and the
decennial enumerations that will follow. We look forward to
working on implementation of the legislation so that we
achieve a solution that enables the Census Bureau to perform
its essential function more effectively.
Sincerely,
Arturo Vargas,
Executive Director.
____

December 13, 2010.
Hon. Nancy Pelosi,
Speaker, House of Representatives, Washington, DC.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, House
of Representatives, Washington, DC.
Hon. Lacy Clay,
Chairman, Subcommittee on Information Policy, Census and
National Archives, Committee on Oversight and Government
Reform, House of Representatives, Washington, DC.
Hon. John Boehner,
Minority Leader, House of Representatives, Washington, DC.
Hon. Darrell Issa,
Ranking Member, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Hon. Patrick McHenry,
Ranking Member, Subcommittee on Information Policy, Census
and National Archives, Committee on Oversight and
Government Reform, House of Representatives, Washington,
DC.
Dear Speaker Pelosi, Leader Boehner, Chairman Towns,
Ranking Member Issa, Chairman Clay, and Ranking Member
McHenry: With Senate passage of the ``Census Oversight
Efficiency and Management Reform Act of 2010'' (S. 3167/H.R.
4945) by unanimous consent on December 8, we write to urge
swift bipartisan passage of the Senate-approved bill in order
for it to reach the President's desk by year's end. The bill
represents an unprecedented opportunity to enact reasonable
administrative reforms and grant the Census Bureau Director
new authorities to run the agency more efficiently, openly,
and authoritatively, all at no additional cost to the
taxpayer.
In particular, we support the bill's proposal to create a
five-year Presidential appointment for the Census Director.
This important change would allow the Census Bureau to avoid
disruptions caused by changes in administration, especially
around the period of the decennial census. Enactment of the
legislation in 2012 would mean that, under normal
circumstances, a change in Directors would occur on a
predictable schedule in years two and seven of each decade.
We anticipate that the fixed term will translate to a higher
level of continuity and professional independence in the
Bureau's operations. For example, a fixed term would help
avoid the circumstances in both 1999 and 2009, when the
Census Bureau operated without a Senate-confirmed leader
during final preparations for the decennial census.
We also support the bill's components to strengthen the
director's position by establishing a direct line of
reporting to the Secretary of Commerce, more latitude in
communication with Congress, and generally more authority
over the Census Bureau, including its personnel and
operations. We believe these components will improve the
Census Bureau's ability to respond to requests from Congress
and the wide range of important data users in the public,
private, and nonprofit sectors.
Finally, let us emphasize the importance of enacting this
bill promptly, since planning for the 2020 decennial census
is already underway.
We thank you for your leadership on issues important to
preserving and enhancing the mission of the U.S. Census
Bureau.

American Association for Public Opinion Research; American
Planning Association; American Sociological Association;
American Statistical Association; Arab American

[[Page 19767]]

Institute Foundation; Asian American Justice Center;
Association of Academic Survey Research Organizations;
Association of Population Centers; Consortium of Social
Science Associations; Council of Professional Associations on
Federal Statistics; Demos; Japanese American Citizens League;
Latino Census Network; Marketing Research Association; Mid-
Region Council of Governments; Moving Forward Gulf Coast,
Inc.; National Association of Home Builders; National
Association of Latino Elected and Appointed Officials (NALEO)
Educational Fund; National Education Association; National
Institute for Latino Policy; Nonprofit Voter Engagement
Network; OCA; Population Association of America (PAA);
Population Reference Bureau; Population Resource Center;
Prison Policy Initiative; Project Vote; South Asian Americans
Leading Together (SAALT); Southeast Michigan Census Council;
Southern Demographic Association; and The Leadership
Conference on Civil and Human Rights.

Madam Speaker, I reserve the balance of my time.
Mr. McHENRY. I again yield myself such time as I may consume.
Madam Speaker, just to address my colleague's comments about the
opinion she imputed to me about this legislation and the way she
changed the legislation to more meet with my opinion, those, Madam
Speaker, were not my opinions. We have actually not had discussions
about this legislation, my colleague and I from New York have not. So,
just to be very clear, those opinions were someone else's; not mine.
Additionally, it is kind of interesting to throw in the tax debate
regarding a piece of legislation about the census. I'm not going to
take the bait. It's fine. We'll have a vote on that or we won't have a
vote on that this Congress, depending on what the Speaker thinks. I
certainly understand the concern about not having hearings and not
having markups.
But I would say to my colleague from New York that it is her party
that is in both the House and Senate and had every opportunity to
schedule a hearing on this piece of legislation. They had every
opportunity to schedule a markup on this piece of legislation, and they
didn't. So, clearly, it is a problem not with my party, but it is a
problem with my colleague from New York's party about getting that
scheduled.

{time} 1600

Madam Speaker, I do have serious concerns and, I think, legitimate
concerns. I also understand how many folks operate in Congress: we take
a pledge that we will fix it later, and that ``later'' never happens.
So what I would say to my colleague from New York is that, in the
next Congress, I will be very happy to work with her to pass a
reasonable piece of legislation which, I think, structurally will look
different than this but which will take on some of the concerns that
she has about the Census Bureau.
I am truly concerned about making sure that our statistical agencies
are independent, independent from political influence like this
President tried to have at the beginning of his term in office by
having the Census Director report directly to then-Chief of Staff Rahm
Emanuel. We came out opposed to that. It was my colleagues on the other
side of the aisle who wanted that. We came out opposed to the
statistical manipulation of the outcome of the census, which some in
the other party were very much in favor of. It is true that there are
political disagreements between Republicans and Democrats, but I think
we all want to have a fair and accurate census.
I also want to have a census that is cheaper in the future than it
has been in the past. We have had a cost overrun of $3 billion. As I
would mention to my colleague from New York, the entire budget of the
Department of Commerce is just shy of $9 billion annually. They had a
$3 billion cost overrun within just the Census. That is an enormous
sum, and I think it is worthy of having an Inspector General to make
sure that this doesn't happen again. So that is my concern.
I reserve the balance of my time.
Mrs. MALONEY. I appreciate the gentleman's concerns. We should pass
this bill. Then, in the new Congress, you can add your amendments or
your ideas to the underlying bill. This is a strong bill with no cost
to the American taxpayers, no increased cost; and it will help ensure a
better census for 2010.
As I said, it has very strong bipartisan support, particularly from
the seven living former Census Directors, who served Republican and
Democratic Presidents. They support this bill. They testified before
Congress that this bill would make a stronger, more accountable,
transparent census. The former Directors' support and advocacy on
behalf of this bill, I believe, underscores the importance of the
reforms needed to ensure that the Census Bureau is able to best perform
its constitutional mandate of providing a fair and accurate census
count.
Again, I want to underscore: How many times have we seen a bill come
over with 100 Senators who are in support of it--totally unanimous?
totally bipartisan?
I am confident that this bill will ensure that Congress will get the
information we need and deserve in order to get us a fair and fully
funded Census which is independent and will respond, no matter who
occupies the White House. In other words, this is a very important
bill, so I urge a strong bipartisan vote in support of it.

S. 3167 Endorsed by seven former Census Directors: Vincent
P. Barabba (1973-1976; 1979-1981), John G. Keane (1984-1989),
Barbara Everitt Bryant (1989-1993), Martha Farnsworth Riche
(1994-1998), Kenneth Prewitt (1998-2001), Charles Louis
Kincannon (2002-2008), and Steven H. Murdock (2008-2009).
S. 3167 Endorsed by: National Leadership Conference on
Civil Rights (LCCR); National Association of Latino Elected
and Appointed Officials (NALEO) Educational Fund; Population
Association of America (PAA) and the Association of
Population Centers (APC); American Association for Public
Opinion Research (AAPOR); American Planning Association;
American Statistical Association (ASA); Arab American
Institute Foundation; Consortium of Social Science
Associations (COSSA); Latino Census Network; Mid-Region
Council of Governments; National Institute for Latino Policy
(NILP); Population Resource Center; Prison Policy Initiative;
Southeast Michigan Census Council (SEMCC) and Southern
Demographic Association (SDA).

The SPEAKER pro tempore (Ms. Chu). The time of the gentlewoman has
expired.
Mr. McHENRY. Madam Speaker, I am sorry my colleague used up her time.
I am going to close by saying that anyone who wants an accountable
Census Bureau will oppose this bill. Instead of saying we want an
independent bureau that is not accountable, I think we are saying we
want an independent bureau that is accountable. That is why I am going
to oppose this bill.
I ask my colleagues--those who want fiscal sanity, those who want
proper oversight of the Census, those who want reasonable legislating,
which actually means we would have a hearing and a markup--to vote
``no'' on this bill.
I would also mention to my colleague from New York that her
legislation we are discussing here today got just about as many votes
as that tax deal that she opposes. So you can take this for all you
want as to what the Senate does, but the census affects every Member of
the House, all of our constituents, our statistical reporting agencies,
and our economic bureaus as well. We want to make sure we get this
legislation right, but it is highly flawed as it is currently
constructed; and it would mean further cost overruns going forward.
With that, I urge my colleagues to vote ``no'' on this legislation.
Mr. DENT. Madam Speaker, I rise today in strong support of S. 3167,
the Census Oversight Efficiency and Management Reform Act.
S. 3167 will provide needed independence and autonomy to the U.S.
Census Bureau.
This bill will ensure a census count that is fair, accurate, and free
from political bias.
I am proud to have consponsored the House version of this bill, H.R.
4945 with Carolyn Maloney of New York.
This bipartisan, good government reform measure passed the Senate by
unanimous consent last week.
Senator Coburn was the lead Senate Republican cosponsor and supported
passage of the bill.
S. 3167 is endorsed by seven former census directors, appointed by
and who served in Republican and Democrat administrations.
S. 3167 will allow the Director of the Census Bureau to give candid
opinions and testimony

[[Page 19768]]

to Congress and the Commerce Secretary on the needs of the Bureau.
The Census is a scientific agency, similar to the National Science
Foundation or NASA. Its statistical mission should be unencumbered by
increased political bias and bureaucracy.
These reforms will ensure that Congress receives the most accurate
information on issues facing the census directly from the Bureau and
without interference from political appointees.
S. 3167 is supported by the American Statistical Association, the
American Planning Association, the Council of Professional Associations
on Federal Statistics, the Association of Academic Survey Research
Organizations, and other members of the scientific community.
Accurate census data is needed to properly account for congressional
apportionment and a wide range of government services, including:
Medicare, Social Security, veterans' health services, assistance to
farmers, TANF, community development grants, federal housing
assistance, and road and highway construction.
Making the Census Director a 5-year Presidential term appointment
will prevent Presidential politics from interfering in selection.
The American people expect Congress to improve the efficiency and
accountability of government through common sense bipartisan reforms.
We can do this today through this bill with no cost to the taxpayers.
The Senate passed this legislation unanimously, and I hope the House
will send this bill to the President for signature into law.
Mr. BACA. Madam Speaker, I rise in strong support of S. 3167, the
Census Oversight Efficiency and Management Reform Act.
The 2010 Census is complete and results will be made public soon.
However, we must think ahead now for the 2020 Census.
The bill's proposal to create a five-year term appointment for the
Census Bureau Director is an important change that will allow the
Census Bureau to avoid disruptions caused by changes in
administrations, especially around the period of the decennial census.
The accuracy of the Census is tied to advance planning and careful
design, and must be ensured to the best extent possible.
An accurate count means that proportionate amounts of federal dollars
go back home to our Districts, to our schools, to our courthouses. We
must remember that the Census count is not just a number; it affects
the livelihood of all our communities.
Gaps in management and leadership hurt all of us, not just those at
the Census Bureau.
This bill will provide greater stability for the leadership of the
Census Bureau and its operations by enhancing the continuity of the
Bureau's overall operations.
In fact, seven former Census Directors, appointed by Presidents from
both political parties, support this bill because they believe it would
enhance the ability of the agency to focus on its mission to conduct
the Census in a timely and accurate manner.
I urge my colleagues to support S. 3167, because it takes positive
steps toward providing greater stability for the decennial census and
diminishing operational problems.
Mr. TOWNS. Madam Speaker, S. 3167 is an important, bipartisan measure
that will help ensure stable, effective management at the Census Bureau
for years to come. With preparations for the 2020 Census already
underway, this body has the opportunity to make sure it is the most
accurate and complete census in history.
The measure would protect the independence of the Census Bureau from
political interference by giving its Director the independence to
report directly to the Secretary of Commerce. The Department of
Commerce oversees many agencies, and so giving the Census Bureau
greater independence from Commerce will help keep it a priority
throughout the 10-year cycle of the census. It will also help keep
Congress informed on the status of the census throughout the decade,
helping us to foresee and prevent problems.
The bill will also extend the term of the director of the Bureau to
five years, with a limit of two terms. This will align the term of the
Director more closely with the decennial census's planning and
implementation phases. In addition, it will help free the director from
the whims of presidential politics, keeping a new president from
changing directors in the middle of a census. I think this is so
important, especially since the 2020 Census will occur during a
presidential election year. A fixed term sends a message that we
consider the Census Bureau to be an agency with a scientific mission,
like the Bureau of Labor Statistics and the National Center for
Education Statistics. We must make sure that the professionals at these
agencies, including the Census Bureau, are given the ability to do what
they do best, insulated from politics.
We know the significance of the decennial census: an undertaking so
important that the founding fathers enshrined it in the Constitution.
However, GAO has deemed the last three decennial censuses ``at risk,''
which is something we in Congress cannot accept. S. 3167 will implement
some of GAO's recommendations on the Census, and also has the support
of leading statistical organizations and the seven living former
directors of the Bureau, directors who served under Democratic and
Republican presidents alike. The bill comes at no cost to taxpayers,
and is the result of careful, bipartisan negotiations. I'd like to
thank the gentlewoman from New York, Representative Maloney, as well as
the gentleman from Pennsylvania, Representative Dent, for their
leadership on the bill, the gentleman from Missouri, Representative
Clay, for his leadership on the Census with the Information Policy
Subcommittee, and I'd also like to thank Senators Carper and Coburn for
the hard work they put into passing the legislation unanimously in the
Senate.
I encourage all my colleagues on both sides to join me in voting in
favor of S. 3167.
Mr. McHENRY. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Mrs. Maloney) that the House suspend the
rules and pass the bill, S. 3167.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McHENRY. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:

Office of the Clerk,

House of Representatives,

Washington, DC, December 14, 2010.
Hon. Nancy Pelosi,
The Speaker, H-232 U.S. Capitol, House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
Clause 2(h) of Rule II of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on December 14, 2010 at 1:12
p.m.:
That the Senate passed S. 2902.
That the Senate passed with an amendment H.R. 628.
That the Senate passed without amendment H.R. 6278.
That the Senate passed S. 3447.
With best wishes, I am
Sincerely,
Lorraine C. Miller.

____________________

MUSEUM AND LIBRARY SERVICES ACT OF 2010

Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3984) to amend and extend the Museum and Library Services Act,
and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 3984

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Museum and
Library Services Act of 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

TITLE I--GENERAL PROVISIONS

Sec. 101. General definitions.
Sec. 102. Responsibilities of Director.
Sec. 103. Personnel.
Sec. 104. Board.
Sec. 105. Awards and medals.
Sec. 106. Research and analysis.
Sec. 107. Hearings.
Sec. 108. Administrative funds.

TITLE II--LIBRARY SERVICES AND TECHNOLOGY

Sec. 201. Purposes.
Sec. 202. Authorization of appropriations.
Sec. 203. Reservations and allotments.
Sec. 204. State plans.
Sec. 205. Grants.
Sec. 206. Grants, contracts, or cooperative agreements.
Sec. 207. Laura Bush 21st Century Librarian Program.
Sec. 208. Conforming amendments.

[[Page 19769]]

TITLE III--MUSEUM SERVICES

Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Authorization of appropriations.

TITLE IV--REPEAL OF THE NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE ACT

Sec. 401. Repeal.

SEC. 2. REFERENCES.

Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Museum and Library Services Act (20
U.S.C. 9101 et seq.).

TITLE I--GENERAL PROVISIONS

SEC. 101. GENERAL DEFINITIONS.

Section 202 (20 U.S.C. 9101) is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Digital literacy skills.--The term `digital literacy
skills' means the skills associated with using technology to
enable users to find, evaluate, organize, create, and
communicate information.''.

SEC. 102. RESPONSIBILITIES OF DIRECTOR.

Section 204 (20 U.S.C. 9103) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Duties and Powers.--
``(1) Primary responsibility.--The Director shall have
primary responsibility for the development and implementation
of policy to ensure the availability of museum, library, and
information services adequate to meet the essential
information, education, research, economic, cultural, and
civic needs of the people of the United States.
``(2) Duties.--In carrying out the responsibility described
in paragraph (1), the Director shall--
``(A) advise the President, Congress, and other Federal
agencies and offices on museum, library, and information
services in order to ensure the creation, preservation,
organization, and dissemination of knowledge;
``(B) engage Federal, State, and local governmental
agencies and private entities in assessing the museum,
library, and information services needs of the people of the
United States, and coordinate the development of plans,
policies, and activities to meet such needs effectively;
``(C) carry out programs of research and development, data
collection, and financial assistance to extend and improve
the museum, library, and information services of the people
of the United States; and
``(D) ensure that museum, library, and information services
are fully integrated into the information and education
infrastructures of the United States.'';
(2) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(3) by striking subsection (e) and inserting the following:
``(e) Interagency Agreements.--The Director may--
``(1) enter into interagency agreements to promote or
assist with the museum, library, and information services-
related activities of other Federal agencies, on either a
reimbursable or non-reimbursable basis; and
``(2) use funds appropriated under this Act for the costs
of such activities.
``(f) Coordination.--The Director shall ensure coordination
of the policies and activities of the Institute with the
policies and activities of other agencies and offices of the
Federal Government having interest in and responsibilities
for the improvement of museums and libraries and information
services. Where appropriate, the Director shall ensure that
such policies and activities are coordinated with--
``(1) activities under section 1251 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6383);
``(2) programs and activities under the Head Start Act (42
U.S.C. 9831 et seq.) (including programs and activities under
subparagraphs (H)(vii) and (J)(iii) of section 641(d)(2) of
such Act) (42 U.S.C. 9836(d)(2));
``(3) activities under the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.) (including activities under section
134(c) of such Act) (29 U.S.C. 2864(c)); and
``(4) Federal programs and activities that increase the
capacity of libraries and museums to act as partners in
economic and community development, education and research,
improving digital literacy skills, and disseminating health
information.
``(g) Interagency Collaboration.--The Director shall work
jointly with the individuals heading relevant Federal
departments and agencies, including the Secretary of Labor,
the Secretary of Education, the Administrator of the Small
Business Administration, the Chairman of the Federal
Communications Commission, the Director of the National
Science Foundation, the Secretary of Health and Human
Services, the Secretary of State, the Administrator of the
Environmental Protection Agency, the Secretary of the
Interior, the Secretary of Housing and Urban Development, the
Chairman of the National Endowment for the Arts, the Chairman
of the National Endowment of the Humanities, and the Director
of the Office of Management and Budget, or the designees of
such individuals, on--
``(1) initiatives, materials, or technology to support
workforce development activities undertaken by libraries;
``(2) resource and policy approaches to eliminate barriers
to fully leveraging the role of libraries and museums in
supporting the early learning, literacy, lifelong learning,
digital literacy, workforce development, and education needs
of the people of the United States; and
``(3) initiatives, materials, or technology to support
educational, cultural, historical, scientific, environmental,
and other activities undertaken by museums.''.

SEC. 103. PERSONNEL.

Section 206 (20 U.S.C. 9105) is amended--
(1) by striking paragraph (2) of subsection (b) and
inserting the following:
``(2) Number and compensation.--
``(A) In general.--The number of employees appointed and
compensated under paragraph (1) shall not exceed \1/5\ of the
number of full-time regular or professional employees of the
Institute.
``(B) Rate of compensation.--
``(i) In general.--Except as provided in clause (ii), the
rate of basic compensation for the employees appointed and
compensated under paragraph (1) may not exceed the rate
prescribed for level GS-15 of the General Schedule under
section 5332 of title 5, United States Code.
``(ii) Exception.--The Director may appoint not more than 3
employees under paragraph (1) at a rate of basic compensation
that exceeds the rate described in clause (i) but does not
exceed the rate of basic pay in effect for positions at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code.''; and
(2) by adding at the end the following:
``(d) Experts and Consultants.--The Director may use
experts and consultants, including panels of experts, who may
be employed as authorized under section 3109 of title 5,
United States Code.''.

SEC. 104. BOARD.

Section 207 (20 U.S.C. 9105a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively;
(B) in paragraph (2)--
(i) in the matter preceding clause (i) of subparagraph (A),
by striking ``(1)(E)'' and inserting ``(1)(D)''; and
(ii) in the matter preceding clause (i) of subparagraph
(B), by striking ``(1)(F)'' and inserting ``(1)(E)''; and
(C) in paragraph (4)--
(i) by inserting ``and'' after ``Library Services,''; and
(ii) by striking ``, and the Chairman of the National
Commission on Library and Information Science'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as otherwise provided in this
subsection, each'' and inserting ``Each''; and
(ii) by striking ``(E) or (F)'' and inserting ``(D) or
(E)''; and
(B) in paragraph (2), by striking ``Initial board
appointments.--'' and all that follows through ``The terms of
the first members'' and inserting the following: ``Authority
to adjust terms.--The terms of the members'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``relating to museum and
library services, including financial assistance awarded
under this title'' and inserting ``relating to museum,
library, and information services''; and
(B) by striking paragraph (2) and inserting the following:
``(2) National awards and medals.--The Museum and Library
Services Board shall advise the Director in awarding national
awards and medals under section 209.''; and
(4) in subsection (i), by striking ``take steps to ensure
that the policies and activities of the Institute are
coordinated with other activities of the Federal Government''
and inserting ``coordinate the development and implementation
of policies and activities as described in subsections (f)
and (g) of section 204''.

SEC. 105. AWARDS AND MEDALS.

Section 209 (20 U.S.C. 9107) is amended to read as follows:

``SEC. 209. AWARDS AND MEDALS.

``The Director, with the advice of the Museum and Library
Services Board, may annually award national awards and medals
for library and museum services to outstanding libraries and
museums that have made significant contributions in service
to their communities.''.

SEC. 106. RESEARCH AND ANALYSIS.

Section 210 (20 U.S.C. 9108) is amended to read as follows:

``SEC. 210. POLICY RESEARCH, ANALYSIS, DATA COLLECTION, AND
DISSEMINATION.

``(a) In General.--The Director shall annually conduct
policy research, analysis, and data collection to extend and
improve the Nation's museum, library, and information
services.
``(b) Requirements.--The policy research, analysis, and
data collection shall be conducted in ongoing collaboration
(as determined appropriate by the Director), and in
consultation, with--

[[Page 19770]]

``(1) State library administrative agencies;
``(2) national, State, and regional library and museum
organizations; and
``(3) other relevant agencies and organizations.
``(c) Objectives.--The policy research, analysis, and data
collection shall be used to--
``(1) identify national needs for and trends in museum,
library, and information services;
``(2) measure and report on the impact and effectiveness of
museum, library, and information services throughout the
United States, including the impact of Federal programs
authorized under this Act;
``(3) identify best practices; and
``(4) develop plans to improve museum, library, and
information services of the United States and to strengthen
national, State, local, regional, and international
communications and cooperative networks.
``(d) Dissemination.--Each year, the Director shall widely
disseminate, as appropriate to accomplish the objectives
under subsection (c), the results of the policy research,
analysis, and data collection carried out under this section.
``(e) Authority To Contract.--The Director is authorized--
``(1) to enter into contracts, grants, cooperative
agreements, and other arrangements with Federal agencies and
other public and private organizations to carry out the
objectives under subsection (c); and
``(2) to publish and disseminate, in a form determined
appropriate by the Director, the reports, findings, studies,
and other materials prepared under paragraph (1).
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $3,500,000 for fiscal year 2011 and
such sums as may be necessary for each of the fiscal years
2012 through 2016.
``(2) Availability of funds.--Sums appropriated under
paragraph (1) for any fiscal year shall remain available for
obligation until expended.''.

SEC. 107. HEARINGS.

Subtitle A (20 U.S.C. 9101 et seq.) is amended by adding at
the end the following:

``SEC. 210B. HEARINGS.

``The Director is authorized to conduct hearings at such
times and places as the Director determines appropriate for
carrying out the purposes of this subtitle.''.

SEC. 108. ADMINISTRATIVE FUNDS.

Subtitle A (20 U.S.C. 9101 et seq.), as amended by section
107, is further amended by adding at the end the following:

``SEC. 210C. ADMINISTRATIVE FUNDS.

``Notwithstanding any other provision of this Act, the
Director shall establish one account to be used to pay the
Federal administrative costs of carrying out this Act, and
not more than a total of 7 percent of the funds appropriated
under sections 210(f), 214, and 275 shall be placed in such
account.''.

TITLE II--LIBRARY SERVICES AND TECHNOLOGY

SEC. 201. PURPOSES.

Section 212 (20 U.S.C. 9121) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to enhance coordination among Federal programs that
relate to library and information services;'';
(2) in paragraph (2), by inserting ``continuous'' after
``promote'';
(3) in paragraph (3), by striking ``and'' after the
semicolon;
(4) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(5) by adding at the end the following:
``(5) to promote literacy, education, and lifelong learning
and to enhance and expand the services and resources provided
by libraries, including those services and resources relating
to workforce development, 21st century skills, and digital
literacy skills;
``(6) to enhance the skills of the current library
workforce and to recruit future professionals to the field of
library and information services;
``(7) to ensure the preservation of knowledge and library
collections in all formats and to enable libraries to serve
their communities during disasters;
``(8) to enhance the role of libraries within the
information infrastructure of the United States in order to
support research, education, and innovation; and
``(9) to promote library services that provide users with
access to information through national, State, local,
regional, and international collaborations and networks.''.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

Section 214 (20 U.S.C. 9123) is amended--
(a) by striking subsection (a) and inserting the
following:
``(a) In General.--There are authorized to be
appropriated--
``(1) to carry out chapters 1, 2, and 3, $232,000,000 for
fiscal year 2011 and such sums as may be necessary for each
of the fiscal years 2012 through 2016; and
``(2) to carry out chapter 4, $24,500,000 for fiscal year
2011 and such sums as may be necessary for each of the fiscal
years 2012 through 2016.''; and
(b) by striking subsection (c).

SEC. 203. RESERVATIONS AND ALLOTMENTS.

Section 221(b)(3) (20 U.S.C. 9131(b)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$340,000'' and inserting ``$680,000'';
and
(B) by striking ``$40,000'' and inserting ``$60,000'';
(2) by striking subparagraph (C); and
(3) by redesignating subparagraph (D) as subparagraph (C).

SEC. 204. STATE PLANS.

Section 224 (20 U.S.C. 9134) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(B) after paragraph (5), by inserting the following:
``(6) describe how the State library administrative agency
will work with other State agencies and offices where
appropriate to coordinate resources, programs, and activities
and leverage, but not replace, the Federal and State
investment in--
``(A) elementary and secondary education, including
coordination with the activities within the State that are
supported by a grant under section 1251 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6383);
``(B) early childhood education, including coordination
with--
``(i) the State's activities carried out under subsections
(b)(4) and (e)(1) of section 642 of the Head Start Act (42
U.S.C. 9837); and
``(ii) the activities described in the State's strategic
plan in accordance with section 642B(a)(4)(B)(i) of such Act
(42 U.S.C. 9837b(a)(4)(B)(i));
``(C) workforce development, including coordination with--
``(i) the activities carried out by the State workforce
investment board under section 111(d) of the Workforce
Investment Act of 1998 (29 U.S.C. 2821(d)); and
``(ii) the State's one-stop delivery system established
under section 134(c) of such Act (29 U.S.C. 2864(c)); and
``(D) other Federal programs and activities that relate to
library services, including economic and community
development and health information;''; and
(2) in subsection (e)(2), by inserting ``, including
through electronic means'' before the period at the end.

SEC. 205. GRANTS.

Section 231 (20 U.S.C. 9141) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting before the semicolon the
following: ``in order to support such individuals' needs for
education, lifelong learning, workforce development, and
digital literacy skills'';
(B) in paragraph (2), by striking ``electronic networks;''
and inserting ``collaborations and networks; and'';
(C) by redesignating paragraph (2) (as amended by
subparagraph (B)) as paragraph (7), and by moving such
paragraph so as to appear after paragraph (6);
(D) by striking paragraph (3);
(E) by inserting after paragraph (1) the following:
``(2) establishing or enhancing electronic and other
linkages and improved coordination among and between
libraries and entities, as described in section 224(b)(6),
for the purpose of improving the quality of and access to
library and information services;
``(3)(A) providing training and professional development,
including continuing education, to enhance the skills of the
current library workforce and leadership, and advance the
delivery of library and information services; and
``(B) enhancing efforts to recruit future professionals to
the field of library and information services;'';
(F) in paragraph (5), by striking ``and'' after the
semicolon;
(G) in paragraph (6), by striking the period and inserting
a semicolon; and
(H) by adding at the end the following:
``(8) carrying out other activities consistent with the
purposes set forth in section 212, as described in the State
library administrative agency's plan.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Special Rule.--Each State library administrative
agency receiving funds under this chapter may apportion the
funds available for the priorities described in subsection
(a) as appropriate to meet the needs of the individual
State.''.

SEC. 206. GRANTS, CONTRACTS, OR COOPERATIVE AGREEMENTS.

Section 262(a) (20 U.S.C. 9162(a)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) building workforce and institutional capacity for
managing the national information infrastructure and serving
the information and education needs of the public;
``(2)(A) research and demonstration projects related to the
improvement of libraries or the enhancement of library and
information services through effective and efficient use of
new technologies, including projects that enable library
users to acquire digital literacy skills and that make
information resources more accessible and available; and
``(B) dissemination of information derived from such
projects;''; and
(2) in paragraph (3)--
(A) by striking ``digitization'' and inserting
``digitizing''; and

[[Page 19771]]

(B) by inserting ``, including the development of national,
regional, statewide, or local emergency plans that would
ensure the preservation of knowledge and library collections
in the event of a disaster'' before ``; and''.

SEC. 207. LAURA BUSH 21ST CENTURY LIBRARIAN PROGRAM.

Subtitle B (20 U.S.C. 9121 et seq.) is amended by adding at
the end the following:

``CHAPTER 4--LAURA BUSH 21ST CENTURY LIBRARIANS

``SEC. 264. LAURA BUSH 21ST CENTURY LIBRARIAN PROGRAM.

``(a) Purpose.--It is the purpose of this chapter to
develop a diverse workforce of librarians by--
``(1) recruiting and educating the next generation of
librarians, including by encouraging middle or high school
students and postsecondary students to pursue careers in
library and information science;
``(2) developing faculty and library leaders, including by
increasing the institutional capacity of graduate schools of
library and information science; and
``(3) enhancing the training and professional development
of librarians and the library workforce to meet the needs of
their communities, including those needs relating to literacy
and education, workforce development, lifelong learning, and
digital literacy.
``(b) Activities.--From the amounts provided under section
214(a)(2), the Director may enter into arrangements,
including grants, contracts, cooperative agreements, and
other forms of assistance, with libraries, library consortia
and associations, institutions of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)), and other entities that the Director
determines appropriate, for projects that further the purpose
of this chapter, such as projects that--
``(1) increase the number of students enrolled in
nationally accredited graduate library and information
science programs and preparing for careers of service in
libraries;
``(2) recruit future professionals, including efforts to
attract promising middle school, high school, or
postsecondary students to consider careers in library and
information science;
``(3) develop or enhance professional development programs
for librarians and the library workforce;
``(4) enhance curricula within nationally accredited
graduate library and information science programs;
``(5) enhance doctoral education in order to develop
faculty to educate the future generation of library
professionals and develop the future generation of library
leaders; and
``(6) conduct research, including research to support the
successful recruitment and education of the next generation
of librarians.
``(c) Evaluation.--The Director shall establish procedures
for reviewing and evaluating projects supported under this
chapter.''.

SEC. 208. CONFORMING AMENDMENTS.

The National Foundation on the Arts and the Humanities Act
of 1965 (20 U.S.C. 951 et seq.) is amended--
(1) in section 4(a) (20 U.S.C. 953(a)), by striking
``Institute of Museum Services'' and inserting ``Institute of
Museum and Library Services''; and
(2) in section 9 (20 U.S.C. 958), by striking ``Institute
of Museum Services'' each place the term appears and
inserting ``Institute of Museum and Library Services''.

TITLE III--MUSEUM SERVICES

SEC. 301. PURPOSE.

Section 272 (20 U.S.C. 9171) is amended--
(1) in paragraph (3), by inserting ``through international,
national, regional, State, and local networks and
partnerships'' after ``services'';
(2) in paragraph (5), by striking ``and'' after the
semicolon;
(3) in paragraph (6), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(7) to encourage and support museums as a part of
economic development and revitalization in communities;
``(8) to ensure museums of various types and sizes in
diverse geographic regions of the United States are afforded
attention and support; and
``(9) to support efforts at the State level to leverage
museum resources and maximize museum services.''.

SEC. 302. DEFINITIONS.

Section 273(1) (20 U.S.C. 9172(1)) is amended by inserting
``includes museums that have tangible and digital collections
and'' after ``Such term''.

SEC. 303. MUSEUM SERVICES ACTIVITIES.

Section 274 (20 U.S.C. 9173) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
States, local governments,'' after ``with museums'';
(B) by redesignating paragraphs (5) through (10) as
paragraphs (6) through (11), respectively;
(C) by striking paragraphs (3) and (4) and inserting the
following:
``(3) supporting the conservation and preservation of
museum collections, including efforts to--
``(A) provide optimal conditions for storage, exhibition,
and use;
``(B) prepare for and respond to disasters and emergency
situations;
``(C) establish endowments for conservation; and
``(D) train museum staff in collections care;
``(4) supporting efforts at the State level to leverage
museum resources, including statewide assessments of museum
services and needs and development of State plans to improve
and maximize museum services through the State;
``(5) stimulating greater collaboration, in order to share
resources and strengthen communities, among museums and--
``(A) libraries;
``(B) schools;
``(C) international, Federal, State, regional, and local
agencies or organizations;
``(D) nongovernmental organizations; and
``(E) other community organizations;'';
(D) in paragraph (6) (as redesignated by subparagraph (B)),
by striking ``broadcast media'' and inserting ``media,
including new ways to disseminate information,''; and
(E) in paragraph (9) (as redesignated by subparagraph (B)),
by striking ``at all levels,'' and inserting ``, and the
skills of museum staff, at all levels, and to support the
development of the next generation of museum leaders and
professionals,''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) Grant distribution.--In awarding grants, the Director
shall take into consideration the equitable distribution of
grants to museums of various types and sizes and to different
geographic areas of the United States''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by striking ``awards''; and
(ii) in subparagraph (B), by striking ``, but subsequent''
and inserting ``. Subsequent''.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

Section 275 (20 U.S.C. 9176) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Grants.--For the purpose of carrying out this
subtitle, there are authorized to be appropriated to the
Director $38,600,000 for fiscal year 2011 and such sums as
may be necessary for each of the fiscal years 2012 through
2016.'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b); and
(4) by adding at the end the following:
``(c) Funding Rules.--Notwithstanding any other provision
of this subtitle, if the amount appropriated under subsection
(a) for a fiscal year is greater than the amount appropriated
under such subsection for fiscal year 2011 by more than
$10,000,000, then an amount of not less than 30 percent but
not more than 50 percent of the increase in appropriated
funds shall be available, from the funds appropriated under
such subsection for the fiscal year, to enter into
arrangements under section 274 to carry out the State
assessments described in section 274(a)(4) and to assist
States in the implementation of such plans.''.

TITLE IV--REPEAL OF THE NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE ACT

SEC. 401. REPEAL.

(a) In General.--The National Commission on Libraries and
Information Science Act (20 U.S.C. 1501 et seq.) is repealed.
(b) Transfer of Functions.--The functions that the National
Commission on Libraries and Information Science exercised
before the date of enactment of this Act shall be transferred
to the Institute of Museum and Library Services established
under section 203 of the Museum and Library Services Act (20
U.S.C. 9102).
(c) Transfer and Allocation of Appropriations and
Personnel.--The personnel and the assets, contracts,
property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available for
the functions and activities vested by law in the National
Commission on Libraries and Information Science shall be
transferred to the Institute of Museum and Library Services
upon the date of enactment of this Act.
(d) References.--Any reference to the National Commission
on Libraries and Information Science in any Federal law,
Executive Order, rule, delegation of authority, or document
shall be construed to refer to the Institute of Museum and
Library Services when the reference regards functions
transferred under subsection (b).

The SPEAKER pro tempore (Mr. Altmire). Pursuant to the rule, the
gentleman from Arizona (Mr. Grijalva) and the gentleman from Wisconsin
(Mr. Petri) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona.

General Leave

Mr. GRIJALVA. Mr. Speaker, I request 5 legislative days during which

[[Page 19772]]

Members may revise and extend and insert extraneous material on S. 3984
into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GRIJALVA. I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of Senate Bill 3984, which
reauthorizes the Museum and Library Services Act. This bipartisan bill
updates the MLSA to better reflect the role that libraries and museums
play in our Nation's communities, and it ensures the preservation of
collections for future generations.
Our Nation's libraries serve an important role in providing our
communities with free access to all types of information and
telecommunications services. During these difficult economic times,
libraries are a lifeline to many without home access to computers or to
the Internet in order to search for employment, to conduct research, or
to access training resources. According to the American Library
Association, two-thirds of our Nation's libraries report that they
provide the only free access to computers and the Internet in their
communities.
Within the last 2 years, libraries have experienced significant
increases in demands for services, including helping patrons complete
online job applications, creating resumes, and accessing job databases.
This bill will enable libraries to continue offering these critical
services to the American people.
The Senate bill will also help the Institute of Museum and Library
Services to encourage more collaboration between agencies and programs
to promote family literacy, technology education, and workforce
development. These efforts will help libraries fully leverage their
role as resource facilities and community centers. Additionally, this
reauthorization enhances current training opportunities for
professionals, and it supports the development of a diverse workforce,
capable of meeting the 21st-century information needs of our
communities.

{time} 1610

Our Nation's museums are also a critical part of our country's
educational and economic infrastructure, stimulating tourism and
partnering with schools to support the local curriculum. According to
the American Association of Museums, these centers of discovery and
learning employ as many as half a million Americans nationwide and
contribute approximately $20.7 billion to the American economy each
year.
Museums attract nearly 850 million visits per year and an additional
542 million via the Internet. Museums also include aquariums, botanical
gardens, nature centers, and zoos. Over 175 million people visit
accredited zoos and aquariums annually, and these institutions generate
$8.4 billion in annual U.S. economic activity. Zoos and aquariums
provide millions of children with their only firsthand experiences with
wildlife.
This bill also acts to strengthen capacity for conservation and
preservation of museum collections and requires that museums and
diverse geographic regions of various types and sizes be supported.
Mr. Speaker, I want to thank the original Senate sponsors of this
bill, Senators Reed, Enzi, Harkin, and Burr, as well as chairman of the
House Education and Labor Committee, Mr. George Miller, and Ranking
Member Kline for their leadership in bringing this important bipartisan
legislation to the floor.
I urge my colleagues to join me in supporting this legislation to
reauthorize the Museum and Library Services Act to help us preserve and
enhance the critical role which libraries and museums play in our
Nation's communities.
I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the bill before us, the Museum and Library Services Act,
reauthorizes the Institute for Museum and Library Services, the Federal
agency that oversees Federal funds going to libraries and museums
nationwide, and generally updates the law.
The Museum and Library Services Act authorizes funding for the
Library Services and Technology Act and for Museum Services. The
library program funding is distributed to States through a formula, and
the funds are spent on a wide variety of libraries across our Nation.
Through this bill, the Library Services and Technology Act is updated
to require greater coordination and better leveraging of Federal and
State investment in our Nation's libraries.
The museum funds are distributed through five competitive grant
programs and two cooperative agreements. In this section of the bill,
the Museum Services Act is updated to encourage greater collaboration
between museums and other organizations to leverage resources and
improve local communities. It also tries to strengthen capacity for the
conservation and preservation of museum collections and helps support
State efforts to leverage museum funds.
I yield back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, this is a good piece of legislation. It
enhances the quality of life for the American people. I urge its
support, and I yield back the remainder of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules
and pass the bill, S. 3984.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________

NATIONAL FOUNDATION ON FITNESS, SPORTS, AND NUTRITION ESTABLISHMENT ACT

Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 1275) to establish a National Foundation on Physical Fitness
and Sports to carry out activities to support and supplement the
mission of the President's Council on Physical Fitness and Sports.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 1275

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 ``National Foundation on
Fitness, Sports, and Nutrition Establishment Act''.

SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

(a) Establishment.--There is established the National
Foundation on Fitness, Sports, and Nutrition (hereinafter in
this Act referred to as the ``Foundation''). The Foundation
is a charitable and nonprofit corporation and is not an
agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) in conjunction with the Office of the President's
Council on Fitness, Sports and Nutrition, to develop a list
and description of programs, events and other activities
which would further the purposes and functions outlined in
Executive Order 13265, as amended, and with respect to which
combined private and governmental efforts would be
beneficial;
(2) to encourage and promote the participation by private
organizations in the activities referred to in subsection
(b)(1) and to encourage and promote private gifts of money
and other property to support those activities; and
(3) in consultation with such Office, to undertake and
support activities to further the purposes and functions of
such Executive Order.
(c) Prohibition on Federal Funding.--The Foundation may not
accept any Federal funds.

SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.

(a) Establishment and Membership.--The Foundation shall
have a governing Board of Directors (hereinafter referred to
in this Act as the ``Board''), which shall consist of 9
members each of whom shall be a United States citizen and--
(1) 3 of whom should be knowledgeable or experienced in one
or more fields directly connected with physical fitness,
sports, nutrition, or the relationship between health status
and physical exercise; and
(2) 6 of whom should be leaders in the private sector with
a strong interest in physical fitness, sports, nutrition, or
the relationship between health status and physical exercise.

[[Page 19773]]

The membership of the Board, to the extent practicable,
should represent diverse professional specialties relating to
the achievement of physical fitness through regular
participation in programs of exercise, sports, and similar
activities, or to nutrition. The Assistant Secretary for
Health, the Executive Director of the President's Council on
Fitness, Sports and Nutrition, the Director for the National
Center for Chronic Disease Prevention and Health Promotion,
the Director of the National Heart, Lung, and Blood
Institute, and the Director for the Centers for Disease
Control and Prevention shall be ex officio, nonvoting members
of the Board. Appointment to the Board or its staff shall not
constitute employment by, or the holding of an office of, the
United States for the purposes of laws relating to Federal
employment.
(b) Appointments.--Within 90 days from the date of
enactment of this Act, the members of the Board shall be
appointed by the Secretary in accordance with this
subsection. In selecting individuals for appointments to the
Board, the Secretary should consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of one member;
(2) the Majority Leader of the House of Representatives
concerning the appointment of one member;
(3) the Majority Leader of the Senate concerning the
appointment of one member;
(4) the President Pro Tempore concerning the appointment of
one member;
(5) the Minority Leader of the House of Representatives
concerning the appointment of one member; and
(6) the Minority Leader of the Senate concerning the
appointment of one member.
(c) Terms.--The members of the Board shall serve for a term
of 6 years, except that the original members of the Board
shall be appointed for staggered terms as determined
appropriate by the Secretary. A vacancy on the Board shall be
filled within 60 days of the vacancy in the same manner in
which the original appointment was made and shall be for the
balance of the term of the individual who was replaced. No
individual may serve more than 2 consecutive terms as a
member.
(d) Chairman.--The Chairman shall be elected by the Board
from its members for a 2-year term and shall not be limited
in terms or service, other than as provided in subsection
(c).
(e) Quorum.--A majority of the current membership of the
Board shall constitute a quorum for the transaction of
business.
(f) Meetings.--The Board shall meet at the call of the
Chairman at least once a year. If a member misses 3
consecutive regularly scheduled meetings, that member may be
removed from the Board and the vacancy filled in accordance
with subsection (c).
(g) Reimbursement of Expenses.--Members of the Board shall
serve without pay, but may be reimbursed for the actual and
necessary traveling and subsistence expenses incurred by them
in the performance of the duties of the Foundation, subject
to the same limitations on reimbursement that are imposed
upon employees of Federal agencies.
(h) Limitations.--The following limitations apply with
respect to the appointment of employees of the Foundation:
(1) Employees may not be appointed until the Foundation has
sufficient funds to pay them for their service. No individual
so appointed may receive a salary in excess of the annual
rate of basic pay in effect for Executive Level V in the
Federal service. A member of the Board may not receive
compensation for serving as an employee of the Foundation.
(2) The first employee appointed by the Board shall be the
Secretary of the Board who shall serve, at the direction of
the Board, as its chief operating officer and shall be
knowledgeable and experienced in matters relating to physical
fitness, sports, and nutrition.
(3) No Public Health Service employee nor the spouse or
dependent relative of such an employee may serve as a member
of the Board of Directors or as an employee of the
Foundation.
(4) Any individual who is an employee or member of the
Board of the Foundation may not (in accordance with the
policies developed under subsection (i)) personally or
substantially participate in the consideration or
determination by the Foundation of any matter that would
directly or predictably affect any financial interest of--
(A) the individual or a relative (as such term is defined
in section 109(16) of the Ethics in Government Act, 1978) of
the individual; or
(B) any business organization, or other entity, of which
the individual is an officer or employee, is negotiating for
employment, or in which the individual has any other
financial interest.
(i) General Powers.--The Board may complete the
organization of the Foundation by--
(1) appointing employees;
(2) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provision of this Act; and
(3) undertaking such other acts as may be necessary to
carry out the provisions of this Act.

In establishing bylaws under this subsection, the Board shall
provide for policies with regard to financial conflicts of
interest and ethical standards for the acceptance,
solicitation and disposition of donations and grants to the
Foundation.

SEC. 4. POWERS AND DUTIES OF THE FOUNDATION.

(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall have its principal offices in or near the
District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation.

The serving of notice to, or service of process upon, the
agent required under paragraph (4), or mailed to the business
address of such agent, shall be deemed as service upon or
notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal
selected by the Board which may be used as provided for in
section 5.
(c) Incorporation; Nonprofit Status.--To carry out the
purposes of the Foundation under section 2, the Board shall--
(1) incorporate the Foundation in the District of Columbia;
and
(2) establish such policies and bylaws as may be necessary
to ensure that the Foundation maintains status as an
organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986.
(d) Powers.--Subject to the specific provisions of section
2, the Foundation, in consultation with the Office of the
President's Council on Fitness, Sports, and Nutrition, shall
have the power, directly or by the awarding of contracts or
grants, to carry out or support activities for the purposes
described in such section.
(e) Treatment of Property.--For purposes of this Act, an
interest in real property shall be treated as including
easements or other rights for preservation, conservation,
protection, or enhancement by and for the public of natural,
scenic, historic, scientific, educational inspirational or
recreational resources. A gift, devise, or bequest may be
accepted by the Foundation even though it is encumbered,
restricted, or subject to beneficial interests of private
persons if any current or future interest therein is for the
benefit of the Foundation.

SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.

(a) Trademarks of the Foundation.--Authorization for a
contributor, or a supplier of goods or services, to use, in
advertising regarding the contribution, goods, or services,
the trade name of the Foundation, or any trademark, seal,
symbol, insignia, or emblem of the Foundation may be provided
only by the Foundation with the concurrence of the Secretary
or the Secretary's designee.
(b) Trademarks of the Council.--Authorization for a
contributor or supplier described in subsection (a) to use,
in such advertising, the trade name of the President's
Council on Fitness, Sports, and Nutrition, or any trademark,
seal, symbol, insignia, or emblem of such Council, may be
provided--
(1) by the Secretary or the Secretary's designee; or
(2) by the Foundation with the concurrence of the Secretary
or the Secretary's designee.

SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY
GENERAL FOR EQUITABLE RELIEF.

(a) Audits.--For purposes of the Act entitled ``An Act for
audit of accounts of private corporations established under
Federal law'', approved August 30, 1964 (Public Law 88-504,
36 U.S.C. 1101-1103), the Foundation shall be treated as a
private corporation under Federal law. The Inspector General
of the Department of Health and Human Services and the
Comptroller General of the United States shall have access to
the financial and other records of the Foundation, upon
reasonable notice.
(b) Report.--The Foundation shall, not later than 60 days
after the end of each fiscal year, transmit to the Secretary
and to Congress a report of its proceedings and activities
during such year, including a full and complete statement of
its receipts, expenditures, and investments.
(c) Relief With Respect to Certain Foundation Acts or
Failure To Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice or policy that is inconsistent with its purposes set
forth in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this Act, or threaten to do so;

the Attorney General of the United States may petition in the
United States District Court for the District of Columbia for
such equitable relief as may be necessary or appropriate.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Grijalva) and the gentleman from Wisconsin (Mr. Petri)
each will control 20 minutes.
The Chair recognizes the gentleman from Arizona.

[[Page 19774]]

General Leave

Mr. GRIJALVA. Mr. Speaker, I request 5 legislative days during which
Members may revise, extend and insert extraneous material on S. 1275
into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GRIJALVA. I yield myself as much time as I may consume.
Mr. Speaker, today I rise in support of S. 1275, which establishes a
National Foundation on Fitness, Sports, and Nutrition to carry out
activities to support and supplement the mission of the President's
Council on Physical Fitness and Sports.
According to a 2009 study by the Centers for Disease Control and
Prevention, 33 States currently have an obesity prevalence rate of 25
percent or greater, and roughly 25 million children, one in three kids,
over the age of six are obese or overweight. These numbers represent a
dramatic and concerning increase in obesity in the United States over
the past 20 years.
These growing rates require that we take some action. The creation of
this foundation is a move in that direction.
According to the Department of Health and Human Services, adults 18
and older need 30 minutes of physical activity. Unfortunately, 25
percent of American children do not participate in any free-time
physical activity, and 92 percent of our youth have no year-round daily
physical education or activity. It is vital that we encourage our
children to be healthy and active individuals.
The President's Council on Fitness, Sports and Nutrition is a
volunteer advisory committee created by President Eisenhower in 1956.
The council collaborates with Federal, State, and local agencies, the
private sector, and nonprofit organizations to promote physical fitness
in sports. However, despite its critically important mission, the
council's budget has been reduced over time and is now approximately
just $1.2 million per year.
This legislation would establish a foundation to work in conjunction
with the council to bring much-needed private resources to the fight
against youth inactivity and obesity. Not only will this foundation
increase the reach and impact of the council in promoting physical
fitness, sports, and nutrition programs across the country; it will not
use any taxpayer resources.
With the support of private funds, the foundation will make strategic
grants and increase public awareness of Federal policies and programs
to improve physical fitness and nutrition. To oversee such activities,
the foundation will be governed by a bipartisan, 11-member board of
directors.
Establishing this independent foundation will contribute to our
national efforts to end childhood obesity and improve child nutrition.
Yesterday, the President signed the Healthy, Hunger-Free Kids Act to
dramatically improve children's access to nutritious meals and enhance
the quality of meals they eat in and out of school.
Additionally, the First Lady's Let's Move campaign has set a goal of
ending childhood obesity in a generation. The Let's Move campaign is a
collaborative and community-oriented initiative which engages every
sector of our society that impacts the health of children. It seeks to
provide schools, families, and communities the simple tools they need
to help kids be more active, eat better, and get healthy. The bill adds
to these efforts by enhancing the tools available to improve the health
and well-being of our children.
Mr. Speaker, I want to thank the sponsor of the Senate bill, Senator
Mark Warner of Virginia, and the sponsor of its companion legislation
in the House, Representative John Sarbanes of Maryland, for their
leadership in bringing this important legislation to the floor.
I also want to thank Chairman Waxman of the Energy and Commerce
Committee for working with the Education and Labor Committee to allow
this bill to move quickly to the floor.
I urge my colleagues to join me in supporting this legislation to
establish a National Foundation on Fitness, Sports, and Nutrition.

House of Representatives,

Committee on Energy and Commerce,

Washington, DC, December 14, 2010.
Hon. George Miller,
Chairman, Committee on Education and Labor, Rayburn House
Office Building, Washington, DC.
Dear Chairman Miller: I am writing to confirm our
understanding regarding S. 1275, the ``National Foundation on
Fitness, Sports, and Nutrition Establishment Act.'' The
Committee on Energy and Commerce has jurisdictional interest
in the bill. In light of the interest in moving this bill
forward promptly, I am not exercising the jurisdiction of the
Committee on Energy and Commerce regarding S. 1275, with the
understanding that taking this course does not prejudice the
Committee's jurisdictional interests and prerogatives on this
or similar legislation in the future.
I would appreciate your including this letter during
consideration of the bill on the House floor. Thank you for
your cooperation on this matter.
Sincerely,
Henry A. Waxman,
Chairman.
____

House of Representatives,

Committee on Education and Labor,

Washington, DC, December 14, 2010.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce, Rayburn House
Office Building, Washington, DC.
Dear Chairman Waxman: Thank you for your December 14, 2010,
letter regarding the jurisdictional interest of the Committee
on Energy and Commerce in S. 1275, the National Foundation on
Fitness, Sports, and Nutrition Establishment Act. I
appreciate your assistance in ensuring its timely
consideration and in refraining from exercising any such
jurisdiction at this time. I acknowledge that, by not taking
such action, the Committee on Energy and Commerce does not
prejudice any jurisdictional interest or other prerogative it
may have.
I value your cooperation and look forward to working with
you as we move ahead with this important legislation.
Sincerely,
George Miller,
Chairman.

I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
Today, we consider S. 1275, the National Foundation on Physical
Fitness and Sports Establishment Act. This legislation would establish
a charitable and nonprofit foundation to raise private funds to carry
out new initiatives by the President's Council on Fitness, Sports and
Nutrition. The bill establishes a board of directors to govern the
activities of the foundation appointed by the Speaker, the majority
leaders of the House and Senate, and the minority leaders of the House
and Senate.
First established in 1965, the President's Council on Fitness, Sports
and Nutrition has been renewed by every President for the last 45
years. The council is made up of 25 volunteer citizens, including New
Orleans Saints quarterback and Super Bowl XLIV MVP Drew Brees, three-
time Olympic gymnast Dominique Dawes, Billie Jean King, Grant Hill, and
Michelle Kwan.

{time} 1620

The council advises the President and the Secretary of Health and
Human Services on opportunities to develop accessible, affordable, and
sustainable physical activity, fitness, sports, and nutrition programs
for all Americans regardless of age, background, or ability.
The council has played an important role over the years in raising
the awareness of Americans about the need to become physically active.
It sponsors an array of programs, events, and initiatives, including
the establishment of May as National Physical Fitness and Sports Month;
runs the Presidential Physical Fitness Award; recognizes national and
local contributions to physical activities; and has played an
instrumental role in the development of physical activity guidelines,
dietary guidelines, and the National Physical Activity Plan.
Currently, the President's Council on Fitness, Sports and Nutrition
lacks any grant making or regulatory authority, which has limited its
activities to providing consultation and technical assistance, general
publications, a Web site, and guidance to schools, government agencies,
and other interested parties on how to improve physical activity.

[[Page 19775]]

The bill before us, S. 1275, would establish a charitable and
nonprofit foundation to raise private funds so that the council can
award grants to carry out and support its activities. The foundation is
similar to those established for the National Institutes of Health and
the Centers for Disease Control. Foundations created by Congress allow
these programs to create partnerships with the private sector, leverage
funds, and expand their work without increasing Federal expenditures.
Consistent with this belief, the bill prohibits the foundation from
accepting or competing for any Federal funds.
As has been stated on this floor in the past, childhood and adult
obesity is an issue that has now reached epidemic proportions in the
United States. In 2008, 17 percent of children between the ages of 2
and 19 were obese, and approximately 70 to 80 percent of overweight or
obese children remain obese in adulthood. These children are more
likely to develop diseases such as high blood pressure and type 2
diabetes. In order to reverse these dangerous trends, Americans need
information and support to improve their diet and promote exercise in
their daily lives. The bill will establish the President's Council on
Fitness, Sports and Nutrition and will ensure that it continues to play
an important role in attacking the obesity crisis that is negatively
impacting the health of all Americans.
I would also like to mention at this point the contributions of our
former colleague from Maryland, Tom McMillen, in urging that we attempt
this important matter before the end of this Congress, and I urge my
colleagues to join me in doing so.
I yield back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I am pleased to yield 5 minutes to the
gentleman from Maryland (Mr. Sarbanes), the sponsor of the companion
legislation in the House.
Mr. SARBANES. Mr. Speaker, I thank the gentleman for yielding.
I rise in strong support. It's a privilege to rise today in support
of S. 1275 and its companion, H.R. 4322, which is an act to create the
National Foundation on Fitness, Sports and Nutrition, which is designed
to support the President's Council on Fitness, Sports and Nutrition.
I want to thank the many cosponsors of this legislation. It's a
bipartisan bill. We have strong support from both Republicans and
Democrats and have done so all the way through this process. I want to
thank Congressman George Miller for his efforts in moving this from the
Education and Labor Committee, and I want to salute his staff for
working so closely with us. And of course Senator Mark Warner, who is
the sponsor on the Senate side of this legislation. I, too, want to
salute former Congressman Tom McMillen who has been just a tireless
advocate for establishing this foundation which can support the mission
of the President's Council on Fitness, Sports and Nutrition. This
council was first established, as has been indicated a couple of times,
by President Eisenhower back in 1956, who understood that we needed to
create a focus here at the Federal level on the issue of healthy
lifestyles, on fitness, on physical activity, and getting people
outside into regular activity. And today we have the council with the
same mission, a very important mission, more important I think than
ever before.
You have heard the discussion about the increasing incidence of
obesity among the next generation, the importance of encouraging
regular physical activity, of paying attention to nutrition. I, myself,
am very focused on research that shows that the average young person
today spends about 7\1/2\ hours a day on television, video games,
Internet, and handheld electronic devices, and about 4 minutes a day--
that's minutes a day--outside in unstructured physical recreation.
That's a real changeover from the way things used to be, and it means
that we really have to focus our young people on engaging in regular
physical activity. And there is a lot of attention on that, and that's
what the President's Council on Fitness, Sports and Nutrition is all
about.
Now, as was mentioned, the Federal dollars that are available to
support the President's council are relatively limited, and I think we
can expect that that is going to be the case going forward. Luckily,
though, there are many people in the private sector, private citizens,
others, who are ready to step forward and contribute to this effort
because they understand how critically important the mission of the
President's council is. So they are ready to do that. They are, in
fact, very excited about the newly appointed commissioner to the
President's council and I think the outpouring of support that that is
going to generate. And they are ready to step forward and help.
Unfortunately, up until now, up until the creation of this act, of
this foundation, there hasn't really been a mechanism by which private
parties could step forward and support the mission of the council. And
that's exactly what this legislation is designed to do. The foundation
that is created by this bill makes it possible for the foundation, upon
behalf of the President's council, to solicit, receive, and administer
private contributions. So this is going to give people a chance to step
forward and say, This mission is a critical one, and we want to support
it with our private dollars.
This is a very accepted model. We have seen it work with the National
Park Service, with the National Institutes of Health, with the Centers
for Disease Control. And I think it's a wonderful opportunity to
strengthen the council's mission going forward. For that reason, I urge
support of this bill.
Mr. GRIJALVA. I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules
and pass the bill, S. 1275.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________

SUPPORTING DESIGNATION OF ED ROBERTS DAY

Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1759) expressing support for designation of
January 23rd as ``Ed Roberts Day''.
The Clerk read the title of the resolution.
The text of the resolution is as follows:

H. Res. 1759

Whereas Edward Verne Roberts was born January 23, 1939;
Whereas Roberts acquired polio as an adolescent in 1953 and
had to spend vast expanses of time in an iron lung;
Whereas Roberts' career as an advocate began when a high
school administrator threatened to deny him a diploma because
he had not completed driver's education and physical
education;
Whereas in 1962 Roberts was admitted to the University of
California at Berkeley (UC Berkeley) where he became the
first severely disabled student to attend UC Berkeley;
Whereas when his search for housing at the university met
resistance, the director of the campus hospital offered
Roberts a room in an empty wing, which Roberts accepted on
the condition that it was considered a dormitory space;
Whereas other significantly disabled students joined
Roberts in the empty wing over the next few years and called
themselves the ``Rolling Quads'';
Whereas at UC Berkeley the Rolling Quads began advocating
for curb cuts, opening access to the wider community and
creating the first student-led disability services program at
a university in the Nation;
Whereas the student program led to the creation of the
Nation's first center for independent living;
Whereas Roberts assumed leadership of the Center for
Independent Living, Berkeley and guided its development as a
model for disability advocacy and self-help services across
the Nation and around the world;
Whereas in 1975 Roberts was appointed the Director of the
California Department of Rehabilitation;
Whereas in 1983 Roberts co-founded the World Institute on
Disability, an organization committed to eliminating barriers
to full social integration for persons with disabilities;
Whereas Ed Roberts died from natural causes on March 14,
1995; and

[[Page 19776]]

Whereas Ed Roberts was a leader and champion in the
disability rights movement: Now, therefore, be it
Resolved, That the House of Representatives--
(1) supports the designation of an ``Ed Roberts Day''; and
(2) acknowledges the accomplishments of Ed Roberts in
helping reduce barriers, increase access, and improve lives
for persons with disabilities.

General Leave

Mr. GRIJALVA. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on House
Resolution 1759 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.

{time} 1630

Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise today in support of House Resolution 1759, which
supports the establishment of ``Ed Roberts Day.'' Mr. Edward Verne
Roberts was a pioneering leader and a champion in the disability rights
movement.
Mr. Roberts was born January 23, 1939, in San Mateo, California. Mr.
Roberts acquired polio at the age of 14 in 1953, 2 years before the
Salk vaccine put an end to that epidemic. After 18 months in the
hospital, he returned home paralyzed from the neck down except for a
few fingers and toes.
Roberts continued his high school education while spending vast
amounts of time resting and sleeping in the iron lung. When a high
school administrator threatened to deny him a diploma because he had
not completed drivers and physical education requirements, he protested
and began an early career of activism. Later, Roberts became the first
student with severe disabilities to attend the University of California
at Berkeley.
At UC Berkeley, other students with significant disabilities joined
Roberts in an empty wing in which the university had placed him and,
over the next few years, began to call themselves the ``Rolling
Quads.'' The Rolling Quads began advocating for curb cuts, opening
access to the wider community, and creating the first student-led
disabilities service program at any university in the Nation. That
student program led to the creation of the Nation's first Center for
Independent Living, and Roberts assumed leadership of the center and
guided its development as a model for disability advocacy and self-help
service.
After earning a bachelor's degree and a master's degree in political
science at UC Berkeley, in 1975, Roberts was appointed the Director of
the California Department of Rehabilitation. In 1983, he cofounded the
World Institute on Disability, an organization committed to eliminating
the barriers to full social integration for persons with disabilities.
Mr. Edward Verne Roberts died from natural causes on March 14, 1995,
leaving behind a legacy as the modern father of the disability rights
movement. Roberts' efforts helped to reduce barriers, increase access,
and improve the lives for persons with disabilities across this Nation
and world. It is with these contributions in mind that this resolution
calls for the establishment of ``Ed Roberts Day.''
Mr. Speaker, I want to thank the sponsor of the resolution and
chairman of the House Education and Labor Committee, Mr. George Miller,
for his leadership in bringing this important resolution to the floor.
I urge my colleagues to join me in support of House Resolution 1759,
which supports the designation of an ``Ed Roberts Day.''
Mr. Speaker, I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of House Resolution 1759, which supports the
designation of an ``Ed Roberts Day'' for his tireless work as a leader
and champion in the disability rights community.
Born January 23, 1939, Edward Verne Roberts contracted polio at the
age of 14 in 1953. Despite spending most of his adolescence in an iron
lung, he graduated high school and was admitted into the University of
California at Berkeley, where he became the first severely disabled
person to attend that university.
This feat is all the more amazing when you consider the obstacles
that were thrown in Ed's way. A high school administrator threatened to
deny him a diploma because he had not completed driver's education and
physical education requirements. College administrators told him they
had tried to educate students with disabilities before and it did not
work. The director of campus housing was afraid that they could not
accommodate his needs, offering him a room in the empty wing of the
campus hospital. Ed accepted only on the condition that it was
considered dormitory space.
During his time at UC Berkeley and after he left college, Ed worked
with other students with disabilities to push for curb cuts so that
parts of the university could be accessible to disabled persons. He
formed the Physical Disabled Student Program to help facilitate and
ease the transition for other students with disabilities to attend
college.
In 1972, he established the first Center for Independent Living in
order to support and assist disabled persons in gaining independence.
The center's philosophy was, and it continues to be, based on three
main points:
First, comprehensive programs with a wide variety of services, such
as employment and assistive technology, are the most effective at
meeting the needs of persons with disabilities;
Second, people with disabilities know best how to meet the needs of
others with disabilities; and
Third, the strongest and most vibrant communities are those that
include and embrace all people, including disabled persons.
Today, most independent living centers across the country use this
model as a basis for their work with individuals with disabilities. To
celebrate this fact, Ed is known as the ``Father of the Independent
Living Movement.''
Mr. Speaker, Ed Roberts was a pioneer in the disability community
until his death in 1995. Today, we honor him and acknowledge his work
to reduce barriers, increase access, and improve the lives of all
persons with disabilities. So I rise in support of House Resolution
1759, which supports the designation of an ``Ed Roberts Day.''
Mr. Speaker, I yield back the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield back the remainder of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules
and agree to the resolution, H. Res. 1759.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GRIJALVA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________

HOUSTON, TEXAS, PROPERTY CONVEYANCE

Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6510) to direct the Administrator of General Services to
convey a parcel of real property in Houston, Texas, to the Military
Museum of Texas, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6510

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

SECTION 1. CONVEYANCE OF REAL PROPERTY IN HOUSTON, TEXAS.

(a) Authority To Convey.--The Administrator of General
Services shall convey, at

[[Page 19777]]

the market value determined under subsection (b), to the
Military Museum of Texas all right, title, and interest of
the United States in and to the parcel of real property
located at 8611 Wallisville Road in Houston, Texas, as
described in subsection (c).
(b) Determination of Market Value.--For purposes of
subsection (a), the market value of the real property shall
be determined by an independent appraisal based on the
current use of the property. The appraisal shall be
commissioned by the Administrator and paid for by the
Military Museum of Texas.
(c) Property Description.--The real property to be conveyed
is the 3.673 acres of land in Lot 3 of Moers Subdivision in
the W.M. Black Survey, Abstract 114, Harris County, Texas,
more particularly described as follows:
(1) Beginning at an iron rod located at the intersection of
the north line of Wallisville Road presently being 100' wide
with the southeast line of U.S. Highway 90 presently being
150' in width.
(2) Thence north 38 deg.13' east 1068.61' along the
southeast line of U.S. Highway 90 to an iron rod for the
point of beginning.
(3) Thence south 01 deg.15'43" east 713.5' along a fence to
a galvanized iron fence corner in the north line of
Wallisville Road.
(4) Thence south 79 deg.26' west, 408' more or less
parallel to the east boundary line to a point in the
southeast line of U.S. Highway 90.
(5) Thence north 38 deg.13' east 460' more or less along
the southeast line of U.S. Highway 90 to the point of
beginning.
(d) Structures and Improvements.--The conveyance shall
include the improvements, structures, and fixtures located on
the real property conveyed and related personal property.
(e) Use Restriction.--
(1) In general.--As a condition of the conveyance, the
Military Museum of Texas shall use and maintain the real
property conveyed, for a minimum period of 30 years, in a
manner consistent with the use of the property at the time of
the conveyance.
(2) Use restriction.--Except as provided by paragraph (3),
if the real property conveyed ceases to be used or maintained
as required by paragraph (1), all or any portion of the
property shall, in its then existing condition and at the
option of the Administrator, revert to the United States.
(3) Abrogation of use restriction.--
(A) In general.--The Military Museum of Texas may seek
abrogation of the use restriction set forth in paragraph (2)
by obtaining the advance written consent of the
Administrator, and by payment to the United States of the
fair market value of the real property to be released from
the restriction.
(B) Determination of fair market value.--For purposes of
subparagraph (A), the fair market value of the real property
shall be determined by an independent appraisal based on the
highest and best use of the property as of the effective date
of the abrogation. The appraisal shall be commissioned by the
Administrator and paid for by the Military Museum of Texas.
(f) Compliance.--
(1) Reports.--As a condition of the conveyance, the
Military Museum of Texas shall submit to the Administrator,
not later than one year after the date of the conveyance and
annually thereafter for a period of 30 years, a report on the
Military Museum's use and maintenance of the real property
conveyed, and any other reports required by the Administrator
to evidence the Military Museum's continuous use of the
property in accordance with subsection (d).
(2) Inspections.--Not later than one year after the date of
conveyance and every 5 years thereafter for a period of 30
years, the Administrator shall conduct inspections of the
real property conveyed to confirm information provided in the
reports submitted under paragraph (1).
(g) Additional Terms and Conditions.--The Administrator may
require the conveyance to be subject to such additional terms
and conditions as the Administrator considers appropriate and
necessary to protect the interests of the United States.
(h) Costs of Conveyance.--The Military Museum of Texas
shall be responsible for all reasonable and necessary costs
associated with the conveyance, including real estate
transaction and environmental documentation costs.
(i) Relationship to Environmental Law.--Nothing in this
section may be construed to affect or limit the application
of or obligation to comply with any environmental law,
including section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)).

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentleman from Florida
(Mr. Mario Diaz-Balart) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.

General Leave

Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 6510.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
H.R. 6510 directs the Administrator of General Services to convey a
parcel of real property in Houston, Texas, to the Military Museum of
Texas. The Military Museum of Texas is a nonprofit 501(c)(3) based in
Harris County, Texas, that was created to honor the contributions of
the citizens of Texas to the armed services of the United States.
The museum was founded in 1992 as a charitable organization and has
an all-volunteer staff with an annual operating budget. The Military
Museum of Texas' main activities include educating citizens on Texas'
military history and preserving military memorabilia. The memorabilia
include artillery field pieces, field equipment, et cetera, but
primarily military vehicles for display that are shared with the
public. Its income is derived directly from the sale of items to the
general public, membership dues, event fees, and contributions of
private individuals and corporations.

{time} 1640

The museum devotes a significant portion of its funds to its military
vehicle restoration program, and these vehicles are often shared with
the public on site and at local parades. The Military Museum of Texas
estimates the value of its military vehicles and military memorabilia
collection in its inventory at $10 million.
The museum is currently housed in approximately 20,000 square feet
owned by the General Services Administration. Originally, GSA leased
the facility to the State of Texas starting in the early 1970s, before
the museum took control of the facility in late 2004 under lease with
the State of Texas for nominal rent plus utilities and minor repairs.
Since its initial occupancy, the Military Museum has worked with a
private consultant to put together a 5-year capital improvement plan
for fiscal years 2010 through 2015, to improve the facility and address
storm damage to make the museum more of a world-class museum.
The General Services Administration declared the property excess on
December 16, 2009, and the Military Museum of Texas has expressed an
interest in purchasing the property at its full market value with a
museum use restriction. The government interest in this property is
protected because if the site is used for anything except for a museum
during the next 30 years, the owners will be required to pay the market
value of the parcel at the highest and best use.
Given that the GSA has declared this property excess and the Military
Museum of Texas is willing to purchase at market value, we find this
transfer to be in the best interest of the government, and I urge my
colleagues to support the bill.
I reserve the balance of my time.
Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I yield myself such
time as I may consume.
Let me add my words to the gentlewoman from the District of Columbia.
This bill would direct the GSA to transfer property in Houston to the
Military Museum, as the gentlewoman just said.
I want to thank the gentlewoman from Texas, Sheila Jackson Lee, for
bringing up this bill. This would, as well as what the chairwoman just
talked about, also solve an issue that is really an unfortunate symptom
of poor management of real Federal property.
In 2004, the museum leased this property, as we just heard, in good
faith from the State of Texas, which had used the property since 1972;
and the State had actually even made improvements on it. Now, at the
time GSA didn't even know that it owned this property. So it was only
after due diligence from the folks at the museum when they started
researching the property and the tax records, that is when it was
discovered that GSA actually owned or, let me say, likely owned

[[Page 19778]]

the property. GSA didn't even have a record of its ownership interest,
but subsequently confirmed its interest in the property.
Now, the chairwoman and Ranking Member John Mica of the
Transportation and Infrastructure Committee and I have been working to
cut wasteful management of Federal real estate property and to save
taxpayers money. Unfortunately, this is yet another example, Mr.
Speaker, of the type of poor management that has plagued Federal real
property. This case raises serious questions as to whether Federal
agencies frankly even have accurate data about which properties they
even own, the taxpayer even owns, let alone how to manage those
properties. But now we are where we are. That is why I thank the
gentlewoman from Texas.
The Military Museum of Texas, which is a nonprofit organization
founded in 1992 by military veterans, operates with a voluntary staff
and displays military vehicles, as we have heard; and they draw a
significant amount of visitors each year.
So the GSA, after finally realizing that they did own the property,
that the taxpayers own the property, has determined that there is no
Federal use for this property. So this bill would provide an
opportunity, I think a very good opportunity, for the Military Museum
of Texas to continue using the property as a museum; and it will ensure
that the taxpayers will be compensated appropriately.
I am pleased to be a cosponsor with the gentlewoman from Texas. I
want to thank her again for her leadership on this issue. I clearly
support the bill. I just wanted to make sure that everybody understood
the issue that we are dealing with here at the Federal level. When you
have an agency that doesn't even know that it owns a piece of property,
it tells you that we have issues up here that we need to deal with.
I reserve the balance of my time.
Ms. NORTON. Mr. Speaker, I yield to the gentlewoman from Texas (Ms.
Jackson Lee), the sponsor of this bill, such time as she may consume.
Ms. JACKSON LEE of Texas. Mr. Speaker, let me thank the chairwoman of
the subcommittee, first of all, for her kind generosity and the
excellent staff of the chairperson, and as well my friend and my good
friend from Florida, Congressman Mario Diaz-Balart, who is the ranking
member of this committee, for the wisdom and for their staff's
excellent work that has generated relief for hardworking veterans.
In one sense, the Texas Military Museum, it speaks to individuals who
have found themselves now living in the State of Texas. But these are
heroes that served the Nation, proudly so, and they welcome the Nation
to come and to celebrate the idea of a military museum. I don't think
we can have enough of these facilities. And so I am very grateful that
this nonprofit institution, in the wisdom of my bipartisan cosponsors,
of which I want to express deep and abiding appreciation as I indicated
to the ranking member for his sponsorship and to the chairwoman for her
leadership, because it is preserving the honor and the memory of
citizens who served defending the United States' freedom and liberty,
and, as well, we emphasize, serving the entire country.
This will include all branches of the Armed Forces, including the
Reserves and the National Guard. This will allow these individuals who
have nurtured and cared for military vehicles and other equipment for
display since the beginning of their operations, critical components of
the military history. These individuals, these soldiers have restored
and preserved this military equipment and memorabilia with enduring
kindness, volunteerism; and they have stood fast just like they stood
fast on the battlefield on behalf of the Nation.
The museum has had to turn down historic military equipment for
display and restoration given their space limitations, so this museum
will in essence be an asset for the American people.
What will it do? In addition to saying thank you to veterans, to
those who have served, it will be a benefit to the community, schools,
as well as veterans and military-related groups. It will teach the
children to value a soldier, both old and young, both active and
nonactive. It will teach them to understand what sacrifice is all
about. It will explain to them, these tough vehicles that children
rarely see, what they mean to their freedom. The Military Museum
provides educational programs. You can't imagine the different schools
that are eager to see them. Live reenactments from military personnel,
interactive exhibits, provide internships to military history and
preservation, as well as research databases available for educational
and historical institutions and the public.
I might deviate just for a moment. A fallen hero that all of us
admired, Ambassador Richard Holbrooke, took his arms of peace. He was
of course the envoy to Pakistan and Afghanistan, where a war is raging
in Afghanistan. What I would say to you is that he understood the
partnership and the work that has to be done with the military.
That is why this museum is so important. They work together for
peace, diplomacy and peace. It is enormously important that we provide
an opportunity for these to be recognized.
Now, we are grateful that the General Services Administration has a
light bulb on, and we thank those who have recognized the fact, how
important it is to be able to fix this, if you will. That is what we
are doing.

{time} 1650

But we are fixing it for the right reasons. This will be conveyed for
market value, the title and interest to the benefit of the United
States of America. Therefore, this particular land will not go unused
or misused. It, in actuality, will be for the Military Museum of Texas
that can really be called the Military Museum--one of them--of the
United States of America. We support honoring our soldiers.
So let me thank Ron Kendall, Elliot Doomes, Ward McCarragher, Johanna
Hardy, Major Keithen Washington of my office, who was a Department of
Defense detailee. We thank him for his fine work, and my deputy chief
of staff for her untiring efforts to keep moving this bill.
Certainly we want to acknowledge all of the original cosponsors:
Mario Diaz-Balart, Ted Poe, Ileana Ros-Lehtinen, Charlie Gonzalez,
Henry ``Hank'' Johnson, and Ralph Hall, and the many others who have
rallied around to be supportive.
Let me close at this time and indicate that we often speak of making
sure that our veterans have all their benefits. We want to help the
wounded warriors. Many of us visit the front lines from Iraq to
Afghanistan to Bosnia to Albania and places beyond, but we want them to
know that we cherish what they have done, and a military museum is a
way of doing that. It gives them great joy to teach and educate adults
and children, alike, what it is to serve. Our freedom is intertwined
with the sacrifices of our servicemen and -women whose devotion to
freedom is unparalleled. I am privileged to honor their sacrifices and
the role each plays in our freedom by championing and supporting this
legislation.
This bill is yet another reminder to all Americans of the risk that
our servicemembers take on our behalf daily. Moreover, H.R. 6510 is an
expression of gratitude for their service.
The Military Museum of Texas houses wonderful memorabilia and
artifacts, and I can say that the relics remind us to be grateful and
thankful for the reasons owed to military servicemen and -women for the
sacrifices they made for our enjoyment of freedom. So I ask my
colleagues to help us make it right, and I ask my colleagues to support
H.R. 6510, a bipartisan bill recognizing the history of our great
military men and women.
Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, let me once again
thank the gentlelady from Texas for bringing up this bill. As I
mentioned before, not only is it going to help solve a problem where
you have a Federal agency that didn't even know it had a piece of
property that it owned, but as she eloquently stated, it is solving
that problem and replacing it with a very meritorious thing, which is a
museum for our fighting men and

[[Page 19779]]

women who have kept us free for over 200 years.
She very generously mentioned lots of names that she thanked, but I
would be remiss if I didn't thank the gentlewoman from Texas for her
leadership on this issue. It may have been a frustrating issue at
times, but she has brought it to the finish line here in the House.
Also, I want to thank the chairwoman of the subcommittee I have had
the privilege of being the ranking member of for 2 years; first for
working so closely with me and for, once again, bringing this bill, and
also just for being a great partner for the last 2 years, working
together on a number of issues, always with great generosity and a
spirit of cooperation with me. And that is something I will never
forget.
This may or may not be the last time I am on the floor as a member of
this committee because I am moving on to the Appropriations Committee,
but I wanted to thank the chairwoman for her many courtesies to me. I
have really enjoyed, and it has been a privilege, working with you,
Madam Chairwoman.
Mr. Speaker, I yield back the balance of my time.
Ms. NORTON. First, I want to thank the ranking member, the gentleman
from Florida (Mr. Mario Diaz-Balart), with whom I have worked so well
and so closely, to thank him for the collegiality he and I have had on
the subcommittee. It is a model, it seems to me, that the Congress
might want to follow.
I must say, when my good friend tells me that he probably will be
leaving the committee altogether, it is a sad note for me, given the
way we have tried to reach agreement whenever there has been
disagreement. And, frankly, on most matters he and I have found little
upon which to disagree.
I can only wish him well on the Appropriations Committee. That must
be his preference. Therefore, I wish the best for him, and I certainly
hope to have the opportunity to work with him again in connection with
that committee or otherwise on this floor or in this Congress.
I want to congratulate my good friend from Texas for her strong
leadership on this bill and in wanting to make sure that this bill got
on the floor before the end of the session and for her devotion to a
bill that should be received, I'm sure, by all because of the
recognition she so wisely understands all members of the Armed Forces
are due.
Mr. OBERSTAR. Mr. Speaker, I rise in support of H.R. 6510, to direct
the Administrator of General Services to convey a property in Houston,
Texas, to the Military Museum of Texas.
The Military Museum of Texas is a non-profit organization with an
all-volunteer staff that operates a small museum in Houston, Texas, on
land owned by the United States Government. The Museum has been
operating on this property since 2004, paying a very nominal rent under
an agreement with the State of Texas, which in turn had a use agreement
with the General Services Administration, GSA.
In 2009, GSA determined that it did not have a need for the property,
and, following normal federal procedures, reported the property as
excess to its needs. The GSA Office of Property Utilization and
Disposal then screened the property with other federal agencies for
possible use, and determined in January 2010, that the property was
surplus to federal needs. In June 2010, the State of Texas formally
notified GSA that it, too, had no need for the property.
H.R. 6510 directs the GSA Administrator to convey this property to
the tenant who has been in occupancy for the last 6 years, the Military
Museum of Texas, for the fair market value of the property in its
current use as a museum. The conveyance, by a provision in this bill,
will include a covenant restricting the use of the property to its
current use as a museum. If the Museum wants to abrogate the
restrictive covenant, the Museum must pay GSA the fair market value of
the property in its highest and best use.
The provisions of the bill are fair and reasonable, and protect the
interests of the U.S. Government, while affording the Military Museum
of Texas the opportunity to end its tenant status and take ownership of
this property.
I urge my colleagues to join me in supporting H.R. 6510.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 6510. First, I would like to thank Ron Kendell, Elliot Doomes,
Ward McCarrington, Johanna Hardy, Major Keithen Washington and
Shashrina Thomas for their tireless efforts in moving this bill. I
would also like to thank the co-sponsors of this bill and my
colleagues: Representatives: Mario Diaz-Balart, Ted Poe, Ileana Ros-
Lehtinen, Charles Gonzalez, Henry ``Hank'' Johnson and Ralph Hall. I
introduced this bill requesting that the Administrator of General
Services convey land to the Military Museum of Texas.
The Military Museum of Texas was formed to create, maintain and
operate an institution to honor and perpetuate the memories of all men
and women who have served in the Armed Forces of the United States of
America. The President of the Military Museum of Texas, Ed Farris, a
former Marine sergeant, and a 22-year veteran of the Houston Police
Department's motorcycle patrol and bomb squad, has worked tirelessly to
preserve the memories of the men and women of the armed forces. They
paid with their lives and their youth to ensure that the United States
remains a free and prosperous nation. It is important that we support
Mr. Farris and the board members of the Military Museum of Texas to
honor and recognize the men and women, living and dead, who have served
in the armed forces of the United States. The museum provides a way to
hold them up as the heroes they are.
Mr. Speaker, our freedom is intertwined with the sacrifices of our
Veterans, whose devotion to our way of life is unparalleled. I am
privileged to honor their sacrifices and the role they play in our
nation by introducing House Resolution 6510.
Our nation and veterans from the great State of Texas have a proud
legacy of appreciation and commitment to the men and women who have
worn the uniform in defense of this country. We must be united in
seeing that every soldier, sailor, airman, marine, and coast guardsmen
has a place of memory, pride and honor, in which the Military Museum of
Texas provides.
Today, we continue to be engaged in hostilities in Afghanistan, and
young men and women will pay the ultimate price while wearing the
uniform of our nation. Let us honor the memory of the 4,400 Americans
who have died in Iraq and more than 1,300 who have died in Afghanistan.
We also honor the sacrifices of our wounded: nearly 32,000 U.S. troops
in Iraq and 9,000 in Afghanistan.
Throughout the Military Museum of Texas, Americans will learn from
the surviving World War II veterans to the veterans of Operation
Enduring Freedom and Operation Iraqi Freedom.
In the words of President John F. Kennedy, ``As we express our
gratitude, we must never forget that the highest appreciation is not to
utter words, but to live by them.'' It is not simply enough to sing the
praises of our nation's great veterans; I firmly believe that we must
demonstrate by our actions how proud we are of our American heroes.
Join me and support H.R. 6510. I firmly believe that we should
celebrate our veterans after every conflict, and I remain committed to
both meeting the needs of veterans of previous wars, and to provide a
fitting welcome home to those who are now serving.
Currently, there are 23 million veterans in the United States. There
are more than 1,626,000 veterans living in Texas and more than 32,000
veterans living in my Congressional district alone. H.R. 6510 will
allow Congress to express our appreciation to those who have answered
the call to duty. As the great British leader Winston Churchill
famously stated, ``Never in the field of human conflict was so much
owed by so many to so few.''
Our nation is founded on the principles, laid out in the Declaration
of Independence, that ``all men are created equal,'' ``that they are
endowed by their Creator with certain unalienable Rights,'' and ``that
among these are Life, Liberty, and the pursuit of Happiness.'' At
various points in our history as a nation, we have found need to send
our sons and daughters, our most precious resources, overseas to fight
in defense of these great principles. At times when the need is
greatest, America's soldiers have always stepped up to protect our
nation.
And so, today, I hope we will all take time from our daily lives to
reflect upon the sacrifices made by those who serve in our armed
forces, and to resolve together that we will provide returning veterans
with the welcome, services, care, and compassion that they deserve--a
Museum of reflection. As we consider H.R. 6510, let us all remember the
one thing that makes our nation truly great are the young men and women
willing to fight to defend it, to defend us, and to defend our way of
life. Join me and support H.R. 6510.

[[Page 19780]]

Memories fade all too quickly, and we are losing about 1000 WWII
veterans every day. It is important that we record and preserve the
memories of these veterans so that future generations can understand
the sacrifices of our veterans. The Museum is a place for preservation
of military memorabilia, personal stories, artifacts and the history of
past wars to remember American veterans and their sacrifices.
It is remarkably easy for succeeding generations to forget why we
enjoy the freedoms we do in our country. The Museum seeks to educate
the public about the sacrifices of our veterans that gave us those
freedoms.
It is difficult for those who have not served in combat to understand
the horrors our veterans endured and the trauma that still affects
their lives. Veterans themselves conduct tours and convey their
personal experiences to visitors.
The Museum provides a place where veterans can congregate and discuss
their experiences, and in the process, heal. It also permits them to
talk about their experiences with museum visitors.
Soldiers currently serving in places such as Iraq and Afghanistan
need to know that the people back home in the great state of Texas
support them. Volunteers at the Military Museum of Texas prepare and
send care packages to troops who are serving overseas and are patients
in military hospitals recovering from wounds. The Military Museum of
Texas also hosts reunions, participate in parades and other events in
the Houston, Texas area.
The Military Museum is a pillar in the community, and a benefit to
schools, veterans and military related groups. It provides educational
programs, live reenactments from military personnel as well as
interactive exhibits. Furthermore, the Military Museum provides
internships in military history and preservation, and a research
database available for education and historical institutions and the
public.
Let us continue to preserve and honor the memory of those who defend
our freedom and liberty.
Mr. Speaker, I strongly support H.R. 6510, and ask for its immediate
adoption.
Ms. NORTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill, H.R. 6510.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. NORTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________

FURTHER MESSAGE FROM THE SENATE

A further message from the Senate by Ms. Curtis, one of its clerks,
announced that the Senate has passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:

H.R. 2941. An act to reauthorize and enhance Johanna's Law
to increase public awareness and knowledge with respect to
gynecologic cancers.

____________________

MAKING TECHNICAL CORRECTIONS TO COAST GUARD AUTHORIZATION ACT

Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6516) to make technical corrections to provisions of law
enacted by the Coast Guard Authorization Act of 2010.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6516

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

SECTION 1. TECHNICAL CORRECTIONS.

Effective with the enactment of the Coast Guard
Authorization Act of 2010 (Public Law 111-281), such Act is
amended as follows:
(1) Section 208(c) is amended by striking ``such chapter''
and inserting ``chapter 5 of title 14, United States Code,''.
(2) Section 221(a)(6)(B) is amended by inserting open
quotation marks before ``(1) In such amounts''.
(3) Section 401(d)(1) is amended by striking ``part'' and
inserting ``section''.
(4) Section 402(a) is amended by striking ``Coast Guard
Authorization Act for Fiscal Years 2010 and 2011'' each place
it appears and inserting ``Coast Guard Authorization Act of
2010''.
(5) Section 511(a) is amended--
(A) in the matter preceding the quoted material, by
striking ``of such title'' and inserting ``of title 14,
United States Code,''; and
(B) in the quoted material, in section 50(a)(3)(B), by
striking ``stewrdship'' and inserting ``stewardship''.
(6) Section 524(a) is amended--
(A) in subsection (a), in the quoted matter, by
redesignating section 102 as section 101; and
(B) in subsection (b), by striking the matter that is
inside the quotation marks and inserting the following:

``101. Appeals and waivers.''.

(7) Section 525 is amended--
(A) in subsection (a)--
(i) in the matter preceding the quoted material, by
striking ``further''; and
(ii) in the quoted material, by redesignating section 200
as section 199; and
(B) in subsection (b), by striking the matter that is
inside the quotation marks and inserting the following:

``199. Marine Safety curriculum.''.

(8) Section 617(f)(3)(C) is amended by striking ``402(c)''
and inserting ``11.402(c)''.
(9) Section 618 is amended by striking ``Great Lake'' and
inserting ``Great Lakes''.
(10) Section 702(a) is amended by inserting ``of the
department in which the Coast Guard is operating'' after
``Secretary''.
(11) Section 703(a) is amended by inserting ``of the
department in which the Coast Guard is operating'' after
``Secretary''.
(12) Section 806(c)(2)(A)(i) is amended--
(A) by striking ``OR FACILITIES'' and inserting ``or
facilities''; and
(B) by striking ``PORTS'' and inserting ``ports''.
(13) Section 819 is amended in the quoted matter by
striking ``(6)'' and inserting ``(3)''.
(14) Section 821(a) is amended in the quoted matter in
section 70125(d) by striking ``[46 U.S.C. 70101 note]'' and
inserting ``(46 U.S.C. 70101 note)''.
(15) Section 821(b) is amended by striking ``is repealed''
and inserting ``, and the item relating to such section in
the table of contents in section 1(b) of such Act, are
repealed''.
(16) Section 828(a) is amended--
(A) by striking ``Section 701'' and inserting ``Chapter
701''; and
(B) by striking ``is amended'' and inserting ``is further
amended''.
(17) Section 828(c) is amended--
(A) in paragraph (1) by striking ``is amended'' and
inserting ``is further amended'';
(B) in paragraph (2) by striking ``is amended'' and
inserting ``is further amended'';
(C) by redesignating paragraphs (3) and (4) as
subparagraphs (A) and (B) of paragraph (2), and moving such
subparagraphs 2 ems to the right; and
(D) in subparagraph (A) of paragraph (2), as so
redesignated, by striking the matter that is inside the
quotation marks and inserting the following:

``Subchapter I--General''.

(18) Section 901(a) is amended by inserting ``and 12132''
after ``12112''.
(19) Section 1011(9)(B) is amended by striking ``3(b)(2)''
and inserting ``1012(b)(2)''.
(20) Section 1043 is amended by striking ``section 18,''
and inserting ``title 18,''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Cummings) and the gentleman from Alaska (Mr. Young) each
will control 20 minutes.
The Chair recognizes the gentleman from Maryland.

General Leave

Mr. CUMMINGS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous material on H.R. 6516.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 6516, to make technical
corrections to provisions of law enacted by the Coast Guard
Authorization Act of 2010.
The Coast Guard Authorization Act of 2010 is the first Coast Guard
authorizing legislation to become law since 2006. This law represents
years of hard work toward improving the service's capabilities by
addressing the following issues: oil pollution prevention, acquisition
reform, port security, marine safety, and the Coast Guard's
organizational structure.

{time} 1700

This law also protects the public and our environment by prohibiting
the sale, distribution, and use of toxic anti-fouling systems for hulls
of ships and marine structures.

[[Page 19781]]

I am very proud of the work of so many who contributed to this
important piece of maritime legislation. However, after the bill was
enacted, we identified a small number of technical drafting errors.
H.R. 6516 corrects those minor errors.
I urge my colleagues to join me in supporting H.R. 6516.
I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of H.R. 6516. This bill does make several
very minor technical changes to the recently enacted Coast Guard
Authorization Act of 2010. This legislation was put together with the
cooperation of Mr. Cummings, Mr. Oberstar, and with the assistance of
the Office of Legislative Counsel. I urge all Members to support H.R.
6516.
I yield back the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Cummings) that the House suspend the rules
and pass the bill, H.R. 6516.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________

RECESS

The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess subject to the call of the Chair.
Accordingly (at 5 o'clock and 1 minute p.m.), the House stood in
recess subject to the call of the Chair.

____________________

{time} 1800
AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Weiner) at 6 p.m.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on motions to suspend the rules previously postponed.
Votes will be taken in the following order:
S. 1405, by the yeas and nays;
S. 3167, by the yeas and nays;
H.R. 6510, by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.

____________________

LONGFELLOW HOUSE-WASHINGTON'S HEADQUARTERS NATIONAL HISTORIC SITE
DESIGNATION ACT

The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (S. 1405) to redesignate
the Longfellow National Historic Site, Massachusetts, as the
``Longfellow House-Washington's Headquarters National Historic Site,''
on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the bill.
The vote was taken by electronic device, and there were--yeas 364,
nays 0, not voting 69, as follows:

[Roll No. 628]

YEAS--364

Ackerman
Aderholt
Akin
Alexander
Altmire
Andrews
Austria
Baca
Bachmann
Bachus
Baldwin
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Boccieri
Boehner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Butterfield
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capuano
Carnahan
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chu
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Courtney
Crenshaw
Critz
Crowley
Cuellar
Culberson
Cummings
Davis (CA)
Davis (KY)
Davis (TN)
DeFazio
DeGette
DeLauro
Dent
Deutch
Diaz-Balart, M.
Dicks
Dingell
Djou
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Eshoo
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Graves (GA)
Grayson
Green, Al
Grijalva
Guthrie
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hirono
Hodes
Hoekstra
Holden
Holt
Hoyer
Hunter
Inglis
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Mack
Maffei
Maloney
Manzullo
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (CA)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Tim
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Quigley
Rahall
Rangel
Reed
Rehberg
Reichert
Reyes
Richardson
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tierney
Titus
Tonko
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wasserman Schultz
Watt
Waxman
Weiner
Welch
Westmoreland
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)

NOT VOTING--69

Adler (NJ)
Arcuri
Baird
Barrett (SC)
Berry
Blunt
Bonner
Boucher
Brown-Waite, Ginny
Burton (IN)
Buyer
Capps
Cardoza
Carney
Chandler
Childers
Costello
Dahlkemper
Davis (AL)
Davis (IL)
Delahunt
Diaz-Balart, L.
Engel
Etheridge
Fallin
Granger
Graves (MO)
Green, Gene
Griffith
Gutierrez
Hall (NY)
Hastings (WA)
Hinojosa
Honda
Issa
Kennedy
Kirkpatrick (AZ)
Langevin
Lowey
Lynch
Marchant
Markey (CO)
McCarthy (NY)
McMorris Rodgers
Moran (KS)
Murphy, Patrick
Ortiz
Owens
Pence
Perlmutter
Poe (TX)
Putnam
Radanovich
Rodriguez
Rohrabacher
Salazar
Sestak
Shadegg
Simpson
Speier
Stutzman
Sutton
Tanner
Tiberi
Towns
Wamp
Waters
Watson
Woolsey

{time} 1832

So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

[[Page 19782]]

Stated for:
Mr. POE of Texas. Mr. Speaker, on rollcall No. 628 I was unavoidably
detained. Had I been present, I would have voted ``yes.''

____________________

CENSUS OVERSIGHT EFFICIENCY AND MANAGEMENT REFORM ACT OF 2010

The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (S. 3167) to amend title
13 of the United States Code to provide for a 5-year term of office for
the Director of the Census and to provide for the authority and duties
of the Director and Deputy Director of the Census, and for other
purposes, on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Mrs. Maloney) that the House suspend the
rules and pass the bill.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 201,
nays 167, not voting 65, as follows:

[Roll No. 629]

YEAS--201

Ackerman
Andrews
Baca
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boswell
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Butterfield
Capuano
Carnahan
Carson (IN)
Castor (FL)
Chandler
Chu
Clarke
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (TN)
DeFazio
DeGette
DeLauro
Dent
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (TX)
Ellison
Ellsworth
Eshoo
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Garamendi
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Grijalva
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hirono
Hodes
Holden
Holt
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kissell
Klein (FL)
Kosmas
Kucinich
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lujan
Maffei
Maloney
Markey (MA)
Marshall
Matsui
McCollum
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Reyes
Richardson
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Shea-Porter
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Space
Spratt
Stark
Stupak
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Wu
Yarmuth

NAYS--167

Aderholt
Akin
Alexander
Altmire
Austria
Bachmann
Bachus
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Boehner
Bono Mack
Boozman
Boren
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Buchanan
Burgess
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Clay
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Diaz-Balart, M.
Djou
Dreier
Duncan
Edwards (MD)
Ehlers
Emerson
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gingrey (GA)
Gohmert
Goodlatte
Graves (GA)
Guthrie
Hall (TX)
Harper
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
King (IA)
King (NY)
Kingston
Kline (MN)
Kratovil
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
LoBiondo
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Murphy (NY)
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Olson
Paul
Paulsen
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Reed
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Ross
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Sherman
Shimkus
Shuler
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Stearns
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Turner
Upton
Walden
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Young (AK)
Young (FL)

NOT VOTING--65

Adler (NJ)
Arcuri
Baird
Barrett (SC)
Berry
Blunt
Bonner
Boucher
Brown-Waite, Ginny
Burton (IN)
Capps
Cardoza
Carney
Childers
Costello
Dahlkemper
Davis (AL)
Davis (IL)
Delahunt
Diaz-Balart, L.
Engel
Etheridge
Fallin
Granger
Graves (MO)
Green, Gene
Griffith
Gutierrez
Hall (NY)
Hastings (WA)
Hinojosa
Honda
Issa
Kennedy
Kirkpatrick (AZ)
Langevin
Lowey
Lynch
Marchant
Markey (CO)
McCarthy (NY)
McMorris Rodgers
Moran (KS)
Murphy, Patrick
Ortiz
Owens
Pence
Putnam
Radanovich
Rangel
Rodriguez
Rohrabacher
Salazar
Sestak
Shadegg
Simpson
Speier
Stutzman
Sutton
Tanner
Tiberi
Towns
Wamp
Waters
Woolsey

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are reminded they
have less than 1 minute remaining.

{time} 1840

So (two-thirds not being in the affirmative) the motion was rejected.
The result of the vote was announced as above recorded.

____________________

HOUSTON, TEXAS, PROPERTY CONVEYANCE

The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill (H.R. 6510) to direct the
Administrator of General Services to convey a parcel of real property
in Houston, Texas, to the Military Museum of Texas, and for other
purposes, on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 363,
nays 0, not voting 70, as follows:

[Roll No. 630]

YEAS--363

[[Page 19783]]

Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hirono
Hodes
Hoekstra
Holden
Holt
Hoyer
Hunter
Inglis
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Mack
Maffei
Maloney
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (CA)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McIntyre
McKeon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Tim
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Quigley
Rahall
Rangel
Reed
Rehberg
Reichert
Reyes
Richardson
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Space
Spratt
Stearns
Stupak
Sullivan
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tierney
Titus
Tonko
Tsongas
Turner
Upton
Van Hollen
Visclosky
Walden
Walz
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)

NOT VOTING--70

Adler (NJ)
Arcuri
Baird
Barrett (SC)
Berry
Blunt
Bonner
Boucher
Brown-Waite, Ginny
Buchanan
Burton (IN)
Capps
Cardoza
Carney
Childers
Costello
Dahlkemper
Davis (AL)
Davis (IL)
Delahunt
Diaz-Balart, L.
Engel
Etheridge
Fallin
Frank (MA)
Granger
Graves (MO)
Green, Gene
Griffith
Gutierrez
Hall (NY)
Hastings (WA)
Hinojosa
Honda
Issa
Kennedy
Kirkpatrick (AZ)
Langevin
Lowey
Lynch
Manzullo
Marchant
Markey (CO)
McCarthy (NY)
McMahon
McMorris Rodgers
Moran (KS)
Murphy, Patrick
Ortiz
Owens
Pence
Putnam
Radanovich
Rodriguez
Rohrabacher
Salazar
Sestak
Shadegg
Simpson
Speier
Stark
Stutzman
Sutton
Tanner
Tiberi
Towns
Velazquez
Wamp
Waters
Woolsey

{time} 1849

So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________

CELEBRATING PENNSYLVANIA'S 223RD YEAR OF STATEHOOD

(Mr. THOMPSON of Pennsylvania asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. THOMPSON of Pennsylvania. Madam Speaker, this past weekend the
Commonwealth of Pennsylvania celebrated its 223rd year as the second
State to be admitted to the new United States of America. Its history
is varied, from the Algonquin and Iroquois natives who met Dutch
explorers in 1609 to the Quaker named William Penn who founded
Philadelphia in 1682. That fair city served as the Nation's Capital
from 1790 to 1800. Both the First and Second Continental Congress met
in Philadelphia, and General George Washington and his Continental Army
survived a harsh winter at Valley Forge during the Revolution. In 1787,
the Constitutional Convention met in Philadelphia, and Pennsylvania
became the second State admitted.
As we became a Nation, the State grew and produced iron and milled
grain, plied the steamboat on its rivers, and drilled the first
commercially successful oil well near Titusville. More recently, we
have gone from the production of oil and steel to the new boom of the
Marcellus natural gas play. I congratulate the State on its milestone
of its 223rd year and celebrate the freedom that allows the
Commonwealth to pursue prosperity with natural gas development and help
the Nation with its energy needs.

____________________

CONGRATULATING TEXAS SOUTHERN UNIVERSITY FOR THE 2010 SOUTHWESTERN
ATLANTIC CONFERENCE CHAMPIONSHIP

(Ms. JACKSON LEE of Texas asked and was given permission to address
the House for 1 minute and to revise and extend her remarks.)
Ms. JACKSON LEE of Texas. Madam Speaker, it's my pleasure to rise on
the floor of the House and congratulate the Texas Southern University
Fighting Tigers, who won the SWAC competition in Birmingham, Alabama,
against Alabama State. Congratulations to Coach Cole, the athletic
director, President John Rudley, the Board of Regents, but most of all,
our outstanding football players, who are vested in character and
integrity and doing the right thing. Let me thank all the students, the
band, all of those who came to cheer.
I had the great privilege of being there in Birmingham, Alabama, to
support this great team. They celebrated today at city hall with the
mayor and the community, and we look forward to a greater understanding
of who Texas Southern University is, a great institution, vested in the
history of this country, educating young people. And now we can call
them the Fighting Tigers, the 2010 winners of the SWAC championship.
Fighting Tigers, congratulations to all of you.
Madam Speaker, I stand before you today to recognize and to
congratulate the Texas Southern University, TSU, Tigers for bringing
home the Southwestern Atlantic Conference, SWAC, Championship to my
district in Houston, Texas. In a display of great sportsmanship and
great endurance, the Tigers defeated the Alabama State Hornets on
December 11, and became conference champions for the first time in 42
years. I would like to congratulate the Tigers' athletic association,
their football team, and, of course, Coach Johnnie Cole on a momentous
finale to a tremendous season.
As a member of the Congressional Black Caucus, it is truly an honor
to recognize Texas Southern University not only for their conference
championship, but also for their academic successes as one of the
nation's largest Historically Black Colleges and Universities, HBCU.
Additionally, TSU contributes to the multiculturalism that makes
Houston the diverse city it is today, by hosting a number of
international students. Texas Southern University, which is located in
the heart of metropolitan Houston, proudly serves students of diverse
socioeconomic, cultural, racial and ethnic backgrounds. Moreover, Texas
Southern University is poised towards a greater tomorrow--its academic
programs are designed to encourage and develop America's future model
citizens.
The fighting Tigers of TSU dominated defensively throughout the
December 11th game against the Alabama State Hornets at Legion Field.
With the final and, winning score of 11-6, the Tigers were able to
rejoice in the reclamation of the SWAC Championship, the team's first
since 1968--but this time it is theirs alone. Guided by Coach Cole, and
led by Dejuan Fulghum, Defensive MVP of the Championship game, and Riko
Smalls, Offensive MVP of the Championship game, the fighting Tigers
were able to bring home the SWAC championship.
Coach Johnnie Cole achieved many successes in his tenure at Texas
Southern University. By transforming and revitalizing the Tigers'
football team, he truly has brought football back to TSU. Coach Cole
has had a long history with TSU, ever since he played on losing TSU
football teams in the 1980s. Though, this year, Coach Cole turned a new
leaf for TSU, by coaching an astoundingly successful and triumphant
football team all the way to the

[[Page 19784]]

SWAC championship. Since joining the football leadership team in 2008,
Coach Cole has ignored the defeatist mentality and has a renewed focus
on reigniting the school spirit for the TSU Fighting Tigers. This year,
they finished the season on an eight game winning streak, and Cole
bringing TSU the first Conference Championship since 1968 was ``icing
on the cake.'' I would like to congratulate Coach Johnnie Cole on his
recent award for the Southwestern Atlantic Conference's Coach of the
Year; his success represents the future of TSU. It truly was a great
combination--with Coach Johnnie Cole, athletic director Charles
McClelland, a supportive and spirited student body, and finally a
hardworking and motivated football team--that led the fighting Tigers
to a great year of dignity, sportsmanship, and success.
Madam Speaker, I would like to take a few moments to recognize the
Most Valuable Players from the 2010 Southwestern Atlantic Conference
Championship game. I believe that they exhibited the great athleticism
and leadership that paved the way for the Tigers' Championship on
December 11. Firstly, I would like to acknowledge Dejuan Fulghum, the
SWAC's Defensive Player of the Year, and the Championship Game's Most
Valuable Defensive Player. Dejuan Fulghum is a senior linebacker, who
has had a tremendous career with the TSU Tigers. He led the
Southwestern Atlantic Conference in sacks, with nine this year, and was
third in tackles, with 91. Furthermore, he recorded an interception and
two forced fumbles that led to the Football Championship Subdivision
designating TSU as the number two defensive team. The Championship
Game's Most Valuable Offensive Player, Riko Smalls, a sophomore
quarterback, was called to the field on last Saturday, when senior
quarterback Arvell Nelson was unable to play. Riko Smalls helped place
TSU in the best position for winning the Championship, and rose to his
role as a leader on the field. Riko Smalls' first start with the TSU
Tigers, in arguably their most important game, demonstrates the growing
capabilities of the Texas Southern Tigers and of the TSU coaching
staff. The entire team was well prepared to succeed that day and I
congratulate all the Texas Southern Tigers; and, I would like to
commemorate the success of their football team, which can now claim the
title of the best college football team in Houston.
In representing the eighteenth district of Texas, I am proud to
commemorate the fighting Tigers of TSU for their athletic success, and
moreover, to commemorate the greater TSU community for their scholastic
drive and dedication to becoming champions on and off the field.

____________________

CONGRATULATIONS TO CHILDREN'S HOSPITAL AND CLINICS

(Mr. PAULSEN asked and was given permission to address the House for
1 minute.)
Mr. PAULSEN. Madam Speaker, I am proud to congratulate Minnesota's
Children's Hospital and Clinics for being named a ``top hospital'' by
the Leapfrog Hospital Survey. Not long ago, I had a chance to visit
Children's, and I saw firsthand how their commitment to improve patient
safety is second to none. Their many safety initiatives have helped
patients achieve one of the lowest rates of hospital-acquired infection
in the Nation, and their use of electronic medical records has helped
further reduce complications and improve patient care.
Minnesota has long been ahead of the curve when it comes to health
care. From life-saving technologies and medical technologies to
continually striving to create the most effective and efficient health
care system, our hospitals have earned a reputation for excellence and
innovation in health care. Congratulations to Minnesota's Children's
Hospital and Clinics, and thanks for your tireless efforts to provide
your patients with the best possible care.

____________________

SPECIAL ORDERS

The SPEAKER pro tempore (Mrs. Halvorson). Under the Speaker's
announced policy of January 6, 2009, and under a previous order of the
House, the following Members will be recognized for 5 minutes each.

____________________

AFGHANISTAN'S HEAVY COST

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
Mr. JONES. Madam Speaker, the war in Afghanistan continues to prove
to be an impossible task. Enough is enough. America is spending $7
billion a month on the war. To break it down further, that is
approximately $233 million a day on the war, with no end to it at all.
Madam Speaker, to reset our equipment alone will cost in excess of $13
billion, just to bring it back to the same position it was prior to
going into Iraq and Afghanistan. It is impossible to absorb this amount
of money, particularly with the debt this country has and the fact that
we can't even pay our own bills without borrowing money from China,
Japan, and the UAE.
Yesterday in an article in The Washington Post, Afghan President
Karzai stated that he ``now had three enemies: the Taliban, the United
States, the international community.'' He also said in The Washington
Post article that if he had to choose sides, he would choose the
Taliban. This is what our young men and women are dying for.
Madam Speaker, I have on the floor with me today a photograph taken
of the Air Force Honor Guard at Dover Air Force Base, escorting the
remains of an American hero off the plane. Madam Speaker, this is just
not worth the cost of our young men and women dying, and it's not worth
the cost that it is costing the taxpayers.
In addition, I read another article that I would like to quote from.
It was an AP article entitled, ``No Decisive Victory One Year Into
Afghan Surge.'' It really gathered my attention. In the article, a
citizen of Afghanistan stated, ``Every day that passes, the security
situation is getting worse. The government is not in a position to
bring peace. Every day, the Taliban are getting more powerful than the
government.''
Madam Speaker, again, today I have this poster on the floor because,
in my mind, since we don't draft young men and women anymore to fight
wars, and it is a volunteer service, and they are doing a magnificent
job, but with four, five, and six deployments, they are wearing down.
They're wearing out. Their suicides are up, and divorces are up as
well.

{time} 1900

Last week, we had six Americans killed in a bombing in Afghanistan.
We continue to repeat history. This case of Afghanistan history will
show that no nation has ever conquered Afghanistan. It will always be a
vast country of 1,400 different tribes. What are we trying to do? Why
are we continuing this war effort?
I join my friend Jim McGovern. I join my friends in both parties that
are saying to the President, please, Mr. President, rethink. Don't stay
there four more years because it's not going to be worth it. It's not
worth it now. And, Madam Speaker, after 10 years, going on 10 years of
being in Afghanistan, we continue to see no end to this commitment
that, in my humble opinion, is not worth one American life.
So, Madam Speaker, as I do frequently on this floor, I'd like to
close by asking God to please bless our men and women in uniform. I ask
God to please bless the families of our men and women in uniform. I ask
God in his loving arms to hold the families who've given a child dying
for freedom in Afghanistan and Iraq. And God, please bless the House
and Senate that we will do what is right in Your eyes for Your people.
And God, please give wisdom, strength, and courage to President Obama
that he will do what is right for Your people in this country.
And, Madam Speaker, three times, God, please, God, please, God,
please, continue to bless America.
Mr. CONYERS. Will the distinguished gentleman yield?
Mr. JONES. I yield to the gentleman from Michigan.
Mr. CONYERS. I want to thank the gentleman for his contribution
tonight and associate myself with his excellent statement and remarks.
Mr. JONES. I thank the gentleman, Mr. Conyers. Thank you so much for
joining me.

[[Page 19785]]

____________________

GIVING THE GIFT OF WATER TO THE NEEDIEST THIS HOLIDAY SEASON

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Michigan (Mr. Conyers) is recognized for 5 minutes.
Mr. CONYERS. Madam Speaker and Members of the House, I rise to point
out that a very important consideration is about to take place in the
next 3 days dealing with the Senator Paul Simon Water for the World
Act. Its main sponsor is the gentleman from Oregon (Mr. Blumenauer). It
has 97 cosponsors. And I want to commend the bipartisan spirit in which
this bill has been put forward, because we have no less than one, two,
three, four, five, six, seven, eight, nine, ten Members of the House
that belong to the minority that are cosponsors. And in the other body,
we have one, two, three, four, five, six, seven, eight Members of that
distinguished body who are in the minority there, plus two Independent
Senators that have joined us.
And why? Because we've been working on this question of water for the
continent of Africa and the states and the millions of people there
suffering there and in Haiti. And we have a very rare opportunity in
these next several days. The other body has passed the measure, and I
stand before the House tonight to urge that it be taken up here as soon
as possible.
As we gather for the holiday season, we are giving thanks for family
and friends, but what may be unconsidered and unmentioned is
appreciation for access to the water and adequate sanitation, something
that's taken for granted in our great country.
And so I rise to remind us that there are 884 million people across
the planet who went without access to clean water this year, and 2.5
billion men, women, and many, many children who went without adequate
sanitation. Without access to these basic building blocks, many of the
people of undeveloped nations will likely have been left without the
ability to work because of health problems that hamper productivity and
discourage economic investment.
The countries of the world, including our great Nation, have come
together to say that we can do better. And so a set of shared goals,
entitled the Millennium Development Goals, have set specific targets
relating to increasing access to water and sanitation by 2015. With
these goals, we and the international community have pledged to halve,
by 2015, to cut in half, the proportion of people who are unable to
reach or afford or come into possession of safe drinking water. Think
of it. And many of these are children. That's the worst part of it all.
And as this Congress draws to a close, we have a sensitive
opportunity to make good on that promise. Important legislation,
entitled the Water for the World Act, H.R. 2035, has already passed in
the other body. We need it here. And, if enacted, this bill could help
50 million people over the next 6 years.
Please join me in helping move this legislation across the finish
line and provide millions of our fellow world citizens with the gift of
water.

In Historic Vote, UN Declares Water a Fundamental Human Right

Juan Gonzalez: The United Nations General Assembly has
declared for the first time that access to clean water and
sanitation is a fundamental human right. In an historic vote
Wednesday, 122 countries supported the resolution, and over
forty countries abstained from voting, including the United
States, Canada and several European and other industrialized
countries. There were no votes against the resolution.
Nearly one billion people lack clean drinking water, and
over two-and-a-half billion do not have basic sanitation.
Bolivia's Permanent Representative to the United Nations,
Pablo Solon, introduced the resolution at the General
Assembly Wednesday.
Pablo Solon: [translated] At the global level,
approximately one out of every eight people do not have
drinking water. In just one day, more than 200 million hours
of the time used by women is spent collecting and
transporting water for their homes. The lack of sanitation is
even worse, because it affects 2.6 billion people, which
represents 40 percent of the global population. According to
the report of the World Health Organization and of UNICEF of
2009, which is titled ``Diarrhoea: Why Children Are [Still]
Dying and What We Can Do,'' every day 24,000 children die in
developing countries due to causes that can be prevented,
such as diarrhea, which is caused by contaminated water. This
means that a child dies every three-and-a- half seconds. One,
two, three. As they say in my village, the time is now.
Amy Goodman: Bolivia's ambassador to the United Nations,
Pablo Solon, urging support for the resolution Bolivia
introduced recognizing access to clean water and sanitation
as a fundamental human right.
For more on this historic vote, we're joined now here in
New York by longtime water justice advocate Maude Barlow.
She's the chair of the Council of Canadians, co-founder of
the Blue Planet Project and board chair of Food and Water
Watch. Last year she served as senior adviser on water to the
President of the United Nations General Assembly.
Welcome to Democracy Now!
Maude Barlow: So glad to be here.
Amy Goodman: Talk about the significance of this. If you
asked people in this country, they would have no idea this
has passed.
Maude Barlow: I know, I know, which is why you matter, I
just have to say. This is very, very distressing to know
something this important happened and it's been blanketed.
There's no media here; it's just like it didn't happen. It's
had media in other places.
There's no human--there has been on human right to water.
It wasn't included in the 1948 Declaration of Human Rights.
And then, more recently, when people have realized that it
needed to happen, there were very powerful forces against
it--powerful countries, powerful corporate interests and so
on. But Ambassador Solon and a number of developing countries
decided that they were going to move this, countries from the
Global South, that they were going to move this through, and
they just tabled it a month ago, and yesterday, at the vote
at the United Nations, they won. Not one country had the guts
to stand against them, even though lots of them wanted to do
it.
And basically, for the first time, the United Nations
General Assembly debated the right to water and sanitation--
it's very important both were included--and acknowledged and
recognized the right of every human being on earth to water
and sanitation. And this matters because--as you know,
because we've talked so many times--we are running--a planet
running out of water. Brand new World Bank study says that
the demand is going to exceed supply by 40 percent in twenty
years. It's just a phenomenal statement. And the human
suffering behind that is just unbelievable. And what this did
as basically say that the United Nations has decided it's not
going to let huge populations leave them behind as this
crisis unfolds, that the new priority is to be given to these
populations without water and sanitation.
Juan Gonzalez: And the countries that abstained, could you
talk about--did any of them talk about why they were not
voting ``yes,'' or did they just remain quiet?
Maude Barlow: Oh, it was the usual gang. It was the United
States and Canada, the European--not the European Union--the
United Kingdom some of the European countries voted to
abstain; some were wonderful--Australia, New Zealand. So it
was all of the Anglophone, neoliberal, you know, bought into
this whole agenda that everything is to be commodified,
countries who are able to continue to supply clean water to
their citizens, which makes it doubly appalling that they
would deny the right to water to the billions of people who
are suffering right now.
They used procedural language about this and that. There's
another process in Geneva with the Human Rights Council,
which we support, and they used the excuse that we have to
wait for that. But that's a long-term process, and it could
or could not end in something very specific. So they just cut
through it. A bunch of brave countries from the Global South
said, ``We can't wait. We need this now.'' And it's not a
surprise that it came from Bolivia, because, remember,
Bolivia is suffering double whammy with a, you know, dearth
of water, dearth of clean water, but also melting glaciers
from climate change.
Amy Goodman: Well, let's go back to Bolivia. I want to go
back to Bolivia's UN representative, Ambassador Pablo Solon,
at a speech he gave in Toronto, the event that you organized,
Maude, last month, shortly before the G20 meetings. He
outlined the need to support a UN declaration on the human
right to water, referencing the long struggle for water
rights in Bolivia, which successfully fought against
Bechtel's water privatization efforts ten years ago.
Pablo Solon: In those days, I was a water warrior. Now I'm
a water warrior ambassador. We have to have water declared as
a human right in the UN. It is not possible to see that we
have declared in the UN food, the right to food, the right to
health, the right to education, the right to shelter, the
right to development, but not the right to water. And we all
know that without water, we can't live. So nobody can argue
that it's not a basic and fundamental and universal human
right. But even though, until now,

[[Page 19786]]

it's not recognized as a human right. So, we have presented,
two weeks ago, a draft resolution so that this coming month,
in July, we expect to have a vote in the General Assembly of
the United Nations. And we want to see which countries are
going to vote against that resolution. We want to go to vote
to see which governments are going to say to the humanity
that water is not a human right.
Amy Goodman: That was Bolivia's ambassador to the United
Nations, Pablo Solon, speaking in Toronto. Which nations are
not going to say that water is a human right? Well, you said
the United States didn't vote for this. Canada didn't, though
they didn't vote against. What is their rationale?
Maude Barlow: Well, it depends on the country. The United
Kingdom says they ``don't want to pay for the toilets in
Africa.'' That's a direct quote from somebody who wouldn't be
quoted, from a senior diplomat in the government of Great
Britain, that was in--quoted in a Canadian paper.
Canada hides behind the false statement that we might have
to share our water, sell our water to the United States,
which is nonsense. We're in way more danger from NAFTA, which
declares water to be a commodity.
The United States, as you know, has not been supporting
rights regimes for decades now, so this is just a
continuation. And I have to tell you, listening to the
statement from the United States yesterday at the United
Nations, I wouldn't have thought there was any difference
between George Bush and Barack Obama's administrations. It
was haughty language. They scolded Bolivia. Bolivia came
under a lot of heat, a lot of insults yesterday from these
countries.
New Zealand and Australia are both going private. Australia
has privatized its water totally, and basically it's now for
sale. And there's a big American investment firm that's
actually buying up water rights. It was supposed to be,
originally, just to get the farmers of the big farm
conglomerates to share, to trade, but now it's all gone
private and international, so they're hardly going to support
something that says that water, you know, is a human right,
when they've commodified it and said it's a market commodity.
So, really, what you're seeing is a split between those
countries that see water as a public trust, although that
wasn't in the language of the legislation, but that see water
as a public trust and a human right and that should belong to
all, as opposed to those who are going to move to a market
model. And I think that's the truth behind what happened.
And it's very important for you to know that they did not
allow the inclusion of the words ``access to,'' and that was
one of the demands. I think some of those countries would
have said yes to something that said ``access to.'' And it's
very important. It's not semantic, because if you say you
have access to it, then all the country--all the government
has to do is provide you access. Then they can charge you, or
they can have a private company come in and deliver it and
charge you. And if you can't afford it, they provided you
access, it's not their fault if you can't pay it. So it's
very important that Bolivia and the other sponsoring
countries held on to the language of the human right to
drinking water and sanitation. They wouldn't drop sanitation.
They wouldn't add the words ``access to.'' And those were the
sticking points.
Juan Gonzalez: And in practical terms, what will be the
impact of this resolution on those efforts to continue to
commodify or privatize water supplies in countries around the
world, especially in the third world?
Maude Barlow: It's a fight we're in. You know, I'm not
going to say that suddenly everything is going to be fine
tomorrow or today, today being the day after the vote, that
anybody woke up in a different situation today, anybody had
more water today than they did yesterday, or more access to
sanitation.
What it is is a moral statement, a guiding principle, of
the countries of the world--and basically the UN is the
closest thing we have to a global parliament--that they have
taken a step in a direction of saying that water is a human
right and a public trust and that no one should be dying for
lack of water, and they shouldn't have to watch their
children die a horrible death for lack of water because they
cannot pay. And that was a statement that has taken us years
and years to get the UN--they hadn't even debated the water
issue. They hadn't even debated it in the past. They've done
all this work on climate and absolutely no work on water. So
it was a huge step forward to establishing some principles
that we need if we are to avoid the crisis that I honestly
see coming, that I think is going to be worse than anybody
can imagine, in terms of the suffering.

____________________

THANKING LINCOLN DIAZ-BALART FOR HIS SERVICE IN CONGRESS

The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Florida (Ms. Ros-Lehtinen) is recognized for 5
minutes.
Ms. ROS-LEHTINEN. Madam Speaker, I would like to honor a great public
servant and a dear friend, Congressman Lincoln Diaz-Balart, who, after
17 years of distinguished service to our south Florida community here
in Congress, is retiring. The House of Representatives is indeed losing
a great man and a dedicated leader.
Lincoln Diaz-Balart has left a legacy that is extensive and worthy of
praise. He has led a life guided by his principles, and he has not
wavered in his convictions; convictions based on his love for this
great country and the freedom that it embodies.
Lincoln's story is truly an American story. Having fled the Castro
regime with his family, he became a fierce and staunch defender for
human rights and the rule of law throughout the world. He became a
voice for those whose own voices are silenced by repressive
governments.
His commitment to public service is a testament to not only his
character, but to the valuable lessons that he learned from his father,
Rafael Diaz-Balart. The courage that Rafael demonstrated as he fought
against Castro's totalitarian tactics left a profound impact on his son
Lincoln. It instilled in Lincoln a sense of duty and a fierce urgency
to help others.
From the beginning of his life in public service, Lincoln devoted
himself to aiding those less fortunate. Early in his career, he used
his expertise as an attorney to assist south Florida's most vulnerable
by providing free legal services to the poor. He also served as an
assistant State attorney in Miami-Dade County.
Lincoln began his career in politics by being elected to the Florida
House of Representatives in 1986 and later to the Florida Senate in
1989. And then, in 1992, he was elected to our body, the U.S. House of
Representatives.
I have enjoyed working with Lincoln as we have tackled the issues
that have been of vital importance to our south Florida communities.
And two of his proudest moments, Madam Speaker, were the passage of
the Helms-Burton Act and the Nicaraguan Adjustment and Central American
Relief Act, both of which he helped author. The Helms-Burton Act
strengthened and codified into law the embargo against the Castro
dictatorship. And the Nicaraguan Adjustment and Central American Relief
Act granted temporary protected status to hundreds and hundreds of
refugees who were fleeing repressive governments in Central America.
Another proud moment came in 1997, when Lincoln helped secure
legislation that extended SSI benefits to so many legal immigrant
families.

{time} 1910

Lincoln has also been a tireless advocate for providing Hispanic
youth the resources necessary to compete in a global economy.
Recognizing that the Hispanic community has and will continue to
contribute much to our great Nation, Lincoln helped create the
Congressional Hispanic Leadership Institute, CHLI, a nonprofit,
nonpartisan organization that provides Hispanic youth with the
opportunities to interact with leaders in the public and private
sectors. Its Global Leaders Congressional Internship Program has helped
hundreds of Hispanic students expand their professional horizons and
enhance their understanding of governments and businesses.
Lincoln will be missed in Congress, but I know that south Florida
will continue to count him as a leader. He will soon begin to work
closely with the group Rosa Blanca, or White Rose. This organization
was formed by his father, Rafael, in order to counter the totalitarian
and collectivism objectives of the Castro regime.
As Lincoln begins this new stage in his professional and personal
life, I know that our entire south Florida community, as well as my
esteemed colleagues in the Congress, wish him and his family, his dear
wife Cristina, and his sons, Danny and L.G., nothing but the best.
Godspeed, my friend.

[[Page 19787]]

____________________

AFFORDABLE CARE ACT

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Connecticut (Mr. Courtney) is recognized for 5 minutes.
Mr. COURTNEY. Madam Speaker, yesterday Virginia District Court Judge
Henry Hudson's decision striking down one provision of the Affordable
Care Act has generated a lot of noise in the last 24 hours.
Opponents of health care reform are celebrating as if the whole law
was struck down, even though Judge Hudson refused the Commonwealth of
Virginia's request to strike down the entire law and Judge Hudson
refused the Commonwealth of Virginia's request to stop implementation
of the health care bill which has been proceeding since last March.
Thank goodness the judge had enough common sense not to stop the
health care bill's important protections for families and patients that
have been implemented since last March, such as age 26 dependent
coverage which employers all across America have been implementing
since last July, giving families the opportunity to keep children
covered on their family's health insurance plan up to age 26; such as
protections like the elimination of insurance company rescissions of
coverage, the practice of denying claims after the fact, many times
after patients have had surgery or have had treatment; such as the $250
payments, which seniors who fell into the part D doughnut hole received
in 2010; such as the 50 percent discount for brand-name medications,
which seniors in the doughnut hole will start to receive starting on
January 1; such as the new Medicare coverage for annual checkups,
cancer screenings, smoking cessation, vaccinations for flu, which the
new health care bill will provide starting on January 1; such as the
early retiree reinsurance program, which employers all across the
country, private employers as well as public employers, are using to
stabilize age 55 and up retirement health benefits, including 96 plans
just in the Commonwealth of Virginia alone.
For all the crowing and boasting by opponents of health care reform,
there was less there than meets the eye. But there is no doubt that the
judge did strike down an important part of the bill, namely, the shared
responsibility provision, the requirement that nearly all Americans
carry health insurance, a provision which two other district court
judges, one in Virginia and one in Michigan, upheld as a proper
exercise of Congress' power to regulate interstate commerce.
Judge Hudson ruled that this provision doesn't ``fit within the
letter or spirit of the Constitution.'' Well, Madam Speaker, there is a
long, long history of Supreme Court cases which have held exactly the
opposite of what Judge Hudson wrote.
Indeed, Antonin Scalia, the leader of conservative forces on the U.S.
Supreme Court, himself, wrote that Congress has the authority to enact
a regulation of interstate commerce, and it possesses every power
needed to make that regulation effective.
Using Justice Scalia's interpretation of the commerce clause, it is
clear that this bill's provision to eliminate preexisting condition
exclusion, the practice by insurance companies for denying coverage for
people with cancer, high blood pressure, diabetes, chronic conditions,
which require a pooling mechanism which the shared responsibility
requirement was designed to accomplish, clearly fits within Justice
Scalia's definition of the commerce clause. In fact, we know this from
real-life experience.
Seven States tried to enact a guaranteed issuance law requiring
insurance companies to insure all people regardless of preexisting
conditions, and what happened was that rates went through the roof.
Only one State was able to implement a prohibition on preexisting
condition exclusions, that was the State of Massachusetts, which was
coupled with a shared responsibility mechanism. And, as a result,
insurance premiums fell in the individual market by 42 percent.
The impact on interstate commerce in terms of what is happening in
the health insurance market could not be clearer. In fact, the trade
organization representing America's health insurance industry back in
2008, after the election, made it clear that a shared responsibility
mandate requirement is essential to actually executing and performing
real reform in the insurance market. Allowing people to enter the
market and exit the market when they get sick and when they get better
is like insuring a burning building. And the fact of the matter is that
the judge's decision, despite the fact that conservative judges like
Antonin Scalia have recognized Congress' ability to regulate interstate
commerce, which the health insurance industry clearly falls under,
would allow for the Congress to set up the real mechanism to make sure
that its goal of eliminating preexisting conditions can actually take
place. And the health insurance industry knows over the last 5 years
the collapse that has been occurring within the marketplace because of
rising premiums.
I come from the State of Connecticut. We have Aetna, we have CIGNA,
we have United Health Care. These are the largest plans in the country
that are selling to employers, and they have seen the percentage of
their coverage across America decline, not since the passage of the
health care bill, but going back to 2005. And this measure is designed,
in fact, really just to stabilize that private health insurance market.
Madam Speaker, in a few short weeks, new Members of Congress are
going to be sworn into office. They are going to be given a PIN that
gets them into the building, they are going to be given a voting card,
and they are also going to be given an opportunity to enroll in the
Federal Employee Health Benefit plan, a purchasing exchange which
Members of Congress can participate in, get a nice comprehensive
package of benefits, taxpayer subsidies, affordable rates. And on page
29 of this booklet, it makes it very clear that preexisting conditions
will not be imposed against them.
The people of this country deserve the same type of coverage. And it
is my hope, as the appellate courts review that decision yesterday,
that they will uphold the Affordable Care Act's provision to stabilize
the private health insurance market.

[Press Release, Nov. 19, 2008]

Health Plans Propose Guaranteed Coverage for Pre-Existing Conditions
and Individual Coverage Mandate

Washington, DC.--Health plans today proposed guaranteed
coverage for people with pre-existing medical conditions in
conjunction with an enforceable individual coverage mandate.
Under the new proposal, health plans participating in the
individual health insurance market would be required to offer
coverage to all applicants as part of a universal
participation plan in which all individuals were required to
maintain health insurance.
Health plans also said that premium support for moderate-
income individuals and broad spreading of risk was necessary
to promote affordability and maintain premium stability in
the individual health insurance market.
To ensure that all Americans can access coverage, health
plans also reiterated their long-standing support for making
eligible for Medicaid every uninsured American living in
poverty and strengthening the Children's Health Insurance
Program.
``No one should fall through the cracks of our health care
system,'' said Karen Ignagni, President and CEO of America's
Health Insurance Plans (AHIP). ``Universal coverage is within
reach and can be achieved by building on the current
system.''
The announcement follows a nationwide listening tour
conducted by AHIP as part of its Campaign for an American
Solution. Concerns about coverage for pre-existing
conditions, continuity of coverage for those between jobs and
maintaining affordability for those with insurance were
raised repeatedly across the country.
``AHIP's Board of Directors is responding to the concerns
of the American people by offering a workable solution to
ensure that no one is left out of the health care system
because of their health, age, income or employment status,''
said Ignagni.
The new proposal builds on the series of comprehensive
reform plans that AHIP's Board of Directors began releasing
in November 2006. Further reform proposals addressing the
affordability, accessibility and quality of health care are
anticipated in the weeks ahead.

[[Page 19788]]

Summary of AHIP's Proposal to Guarantee Coverage for Pre-existing
Conditions and Promote Affordability in the Individual Insurance
Market:

Guarantee-issue coverage with no pre-existing condition
exclusions;
Establish an individual coverage requirement with an
insurance coverage verification system, an automatic
enrollment process and effective enforcement of the
requirement that all individuals purchase and maintain
coverage;
Promote affordability by: providing refundable, advanceable
tax credits for moderate-income individuals and working
families; and promoting tax equity whether coverage is
obtained through an employer or the individual market; and
Ensure premium stability for those with existing coverage
through a broadly funded reimbursement mechanism that spreads
costs for the highest-risk individuals.

Background on the Individual Market and Guarantee Issue

AHIP's survey of the individual market shows that
individually purchased health insurance is far more
affordable and accessible than is widely known. The survey
found that 9 out of 10 applicants undergoing medical
underwriting were offered coverage. The plans commonly
purchased by consumers provided substantial financial
protection and a wide range of benefits, including coverage
for behavioral health, prescription drugs and preventive
services.
Some individuals are unable to purchase individual health
insurance coverage in the private market because of their
health status. One approach taken by states to address this
issue has been the enactment of guarantee issue legislation
requiring health plans to offer coverage to all applicants.
These well-intentioned reforms have often resulted in severe
unintended consequences, including significantly higher costs
for all policyholders.
A report by Milliman, Inc. found that enactment of
guarantee issue laws in the absence of requirement that
individuals purchase coverage may incentivize people to defer
seeking coverage until they have health problems--a situation
which unfairly penalizes those who are currently insured.
According to the report, states that implemented these laws
saw a rise in insurance premiums, a reduction of individual
insurance enrollment and no significant decrease in the
number of uninsured. To learn more about the individual
market survey and the Milliman report, please visit
www.ahip.org.

____________________

IN MEMORY OF PRIVATE SEAN SILVA

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from California (Mr. McClintock) is recognized for 5 minutes.
Mr. McCLINTOCK. Madam Speaker, in the aftermath of the attack of
September 11, a young man from Roseville, California, answered his
country's call to duty and volunteered to take the war against radical
Islam from our shores to theirs. His name was Sean Anthony Silva.
This Nation survives today and Americans remain safe today because of
the idealism, the patriotism, the heroism, and the sacrifice of young
Americans like Sean Silva who volunteer to defend us.
Today, they are the first line of defense between the tyranny and
terrorism that have arisen in the Middle East and enlightened
civilization around the world.
We in the House defend the principles of liberty and justice in this
Chamber every day with our words. Men like Sean Silva defend them with
their lives.
And on the night of October 9, 2003, Private Sean Silva defended
these principles with his life. To understand the character of this
young man, you need to understand what led up to that night.
Sean was a young person who saw his country attacked and
instinctively rose to defend her. He saw his countrymen threatened and
instinctively rose to shield them.
When Sean told his parents, Richard and Donna, that he wanted to
enlist, they were obviously quite concerned. His mother worried that
Sean would be dispatched to the Middle East within weeks of boot camp.
Sean's reply was simple: Mom, I'm ready.

{time} 1920

He wanted to be an Army Scout, always leading, always in motion,
always protecting the path of his comrades. Sergeant Timothy Sloan of
the Army's Roseville, California, recruiting office remembered that
Sean ``wanted to be out doing things. He didn't want to be sitting
behind a desk.'' Ultimately, he was assigned to the Second Armored
Cavalry Regiment based in Fort Polk, Louisiana; and from there, he
shipped out to Iraq.
The night of October 9, 2003, he had already returned from one
treacherous patrol and was scheduled for another the next day. A night
patrol was unexpectedly ordered, and Sean volunteered to go right back
out on to the deadly streets of Sadr City, even though it wasn't his
turn. His commander reminded him that he had already done much more
than duty required, and Sean simply smiled and said, I just want to
learn to do my job.
A few hours later, Sean's patrol was ambushed; and in the fierce
fighting that followed, he gave what Lincoln called ``the last full
measure of devotion.''
At Normandy, the chapel bears a tribute to those who ``endured all,
and gave all, that justice among nations might prevail and that mankind
might enjoy freedom and inherit peace.'' At the age of 23, Sean Silva
did exactly that.
Sean would have turned 30 this year. No doubt he would be married
with children now, with a promising career, getting ready for the
holidays with his friends and family. Instead, his chair remains empty
at the family table, and friends still leave messages for Sean at the
Fallen Heroes Web site.
There is one in particular that stands out in this season. It comes
from a little girl in Fort Jackson, South Carolina, whose father
survived that terrible night. It reads: ``Thank you Silva for
protecting my daddy. He is here today because of direct actions that
you have done. Thank you soo much.''
Sadr City is no longer besieged. Its streets now bustle with commerce
and enterprise, and young people look forward to raising their own
families and starting their own careers. They do so solely because of
the sacrifice made by men like Sean Silva.
That sacrifice is ongoing for Sean's family every single day. I met
Sean's father at a Memorial Day event this year. He speaks of his son's
death as if it were yesterday.
Time does not heal the wounds borne by our Gold Star families. For
them, every day is the day that the casualty officer came to call.
We owe it to these families to honor what Lincoln called ``the
cherished memory of the loved and the lost.'' We owe it to these fallen
heroes, as Shakespeare said, to see that their ``story shall the good
man teach his son.'' And we owe it to ourselves, to our children and to
our Nation to remember how precious is the freedom and peace that their
sacrifice has purchased.

____________________

TRIBUTE TO JAMES L. OBERSTAR

The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Tennessee (Mr. Duncan) is recognized for 5 minutes.
Mr. DUNCAN. Madam Speaker, several years ago, they sent us to a
civility conference because they didn't think that Democrats and
Republicans were getting along well enough in the Congress, and I have
never forgotten something our first speaker said.
David McCullough, the great historian, told a story about a Russian
visitor who came up into the House gallery in 1948 and watched for a
while, and then he went out and shook his head and he said, ``The House
is a strange place.'' He said, ``A man stands up and says absolutely
nothing, no one pays any attention, and then everyone disagrees.''
They say there is a little bit of truth in the best humor, and I
guess there is some truth in that humor. But David McCullough was kind
enough to go on from there and say, but if he had a chance to live his
life over again and he could choose what he wanted to do, he would
choose to be a member of that wild and raucous bunch known as the
United States House of Representatives.
I think today, because of some of the television talk shows, that
many people around the country think that we all dislike each other or
that we hate each other at times, or that Democrats and Republicans
just don't get along at all. But that is not true at all, and I think
for the great, great majority of

[[Page 19789]]

Members, all of us get along really well with everyone, regardless of
party, and all of us consider it a great privilege and honor to serve
in the United States House of Representatives.
We are losing many, many good Members from both sides of the aisle
this year because of retirements, running for other offices, or for all
sorts of reasons, and there are many other Members, both Democrat and
Republican, who are good friends of mine who are leaving to whom I
should pay tribute. But I rise tonight to pay special tribute to a very
special man, and that is Congressman James Oberstar from Minnesota.
In my entire 22 years in this Congress, I have served on the
Transportation and Infrastructure Committee. I had a couple of chances
in my early years to move to other committees, and I think people were
surprised that I didn't take either one of those offers. But I enjoyed
serving on the Transportation and Infrastructure Committee, originally
called the Public Works and Transportation Committee, in part because
it was considered to be the most bipartisan, or nonpartisan, committee
probably in the Congress. It was often said that there is no such thing
as a Republican highway or a Democratic highway; and on many, many
things people on both sides of the aisle on that committee worked
together to help build America.
Certainly, Congressman Oberstar was one of the great leaders of that
committee through his entire time in the Congress. Jim Oberstar served
for 11 years on the committee staff, rising to the position of staff
director. He then began his service in the House and continued to serve
for the past 36 years.
It is an astounding figure to think that a man worked on this one
committee for 47 years of his life, but he has done so with great honor
and distinction. In fact, I think almost everybody knows that there is
no one in the Congress and probably never has been anyone in the
history of the Congress who has known transportation issues and
understood them and worked on them longer and harder and with more
effectiveness than Jim Oberstar has.
At one point, he was chairman of the Aviation Subcommittee. In 1994,
after the election, the Republicans took control and I had the honor of
becoming the chairman of the Aviation Subcommittee, and I served for 6
years in that position, which was the maximum allowable on our side.
When I took over as chairman of the Aviation Subcommittee, I had
frequently heard Jim Oberstar referred to as ``Mr. Aviation.'' So I
went to him and asked for his help, and he helped me and guided me and
gave me advice that to this day I appreciate very much, and he did that
in a very kind and humble way.
Then, of course, in the last 4 years, he reached the pinnacle and
became chairman of that committee, a committee that he loves. He has
been a great chairman, and I think he has tried to help everyone on
both sides of the aisle.
So I just wanted to rise and pay tribute to a man that I consider to
be a great American and a great Member of Congress, Congressman James
Oberstar.

____________________

PEAK OIL--ARE WE THERE YET?

The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentleman from Maryland (Mr. Bartlett) is
recognized for 60 minutes as the designee of the minority leader.
Mr. BARTLETT. Madam Speaker, let me first note some press clippings
today that caught my eye, kind of signs of the time. One of them talks
about a 1,900-page omnibus appropriations bill that is being prepared.
You know, there will be no one person in the country that has read all
of that bill, and I think the American people are not supportive of
bringing these huge bills to the floor that nobody has had a chance to
read.
But that wasn't what caught my eye so much as the subheading:
``Earmarkers feast on pork one last time before diet.'' And then in
brackets it says it includes the Joint Strike Fighter second engine.

{time} 1930

I would like to make a couple of comments on earmarks. I know that
they are symbolic of frivolous, wasteful, out-of-control spending in
Congress. Even though the total amount of money in earmarks is pretty
small, they still are symbolically a very big and important issue.
I can live without earmarks. I've had earmarks. I publish them all on
my Web site. None of them have sought to aggrandize me.
When I first came to Congress, I thought that robotics ought to be of
increasing importance to the military, and so I supported what is
called earmarks. We call them, in Armed Services, plus-ups. I supported
a little company in Carroll County. They now are owned by General
Dynamics, and they are now the largest military robotics manufacturing
company in the United States; that probably means the largest in the
world. And they will tell you that, if it weren't for my earmarks, they
might not be here.
I would note that the unmanned aircraft were earmarks. I would also
note that the Pentagon fought the aircraft carrier when it was first
suggested, and it was Congress who pushed the aircraft carrier.
I would like to reflect for a moment on the plus-ups in the military,
which are really fundamentally different from earmarks other places.
You see, if you do an earmark on alternative energy--and everybody
wants to look green, and so just about everybody who does earmarks will
have an earmark or two on alternative energy. And that money all comes
out of the program money for a little alternative energy lab in Golden,
Colorado. They never know how much money they're going to have. They
never can really adequately plan or execute a program because their
money gets taken with these little green earmarks that so many of our
Members like to have.
That's not what happens in Armed Services and Defense. Defense is a
bit more than 50 percent of all of our discretionary spending--$600 or
$700 billion. Whenever you have that many programs with that much money
involved, there are bound to be some of them that don't go as planned
and the money doesn't get spent. And so, near the end of the year, that
money is gathered together and we have, in the past, gone to the
chairmen of the services and asked them, If you had more money, what
would you buy? And they respond, Gee, we would like to have this and
that. We call these ``unfunded priorities.''
Then, the Members turn in their lists of requests, and these are all
judged against some standards that everybody has agreed on. You don't
get all your earmarks. I publish all of mine on my Web site. You
certainly don't get them all. I can live without earmarks. But I would
just like to note that the President's budget is one long series of
earmarks--spend money for this, spend money for that, spend money for
the other thing--put together by people that you have never seen, that
you will never see, that are not accountable.
Now, I understand the psychology of earmarks, and I'm very supportive
of doing away with earmarks. But I would like to make a point about
plus-ups in Defense. You see, the President's budget is at least a year
old. It takes a long time to put together that big budget--some parts
of it are a couple of years old--which means that all the new
technology of the last year can't be in the President's budget.
Traditionally, we have used plus-ups in Defense to make sure that we
don't fall behind our potential enemies. So if you would like to make
sure that we're always potentially 1 year behind the Chinese and the
Russians, then just don't have any plus-ups in Defense.
I am a big supporter of doing away with earmarks because I think that
symbolically they have become poison and they tell the American people
that we are out of control and irresponsible. But, at the same time, I
would like to note that we have got to have something to permit us to
introduce the latest technology to our military, because it can't be in
the President's budget.

[[Page 19790]]

So let's call them plus-ups or something and ban earmarks elsewhere,
but make sure that we don't fall behind in Defense.
Another thing that was in the news was the leadership is not going to
bring a separate Defense authorization bill, but they have taken one
small part of that bill out--the Don't Ask, Don't Tell. One may wonder
at the priorities. For the first time in many, many years, we're
probably not going to have an authorization bill. And if we have an
appropriations bill, it will be a part of this big 1,900-page omnibus.
One might wonder a little bit about priorities when we're engaged in
two wars and we face a resurgent Russia and a booming China that it is
maybe not important to pass the Defense authorization bill, but it is
really important to bring to a separate vote Don't Ask, Don't Tell.
Then there are a couple of articles that I was really pleased to
see--and we'll talk a little bit more about those later--from the
National Defense Magazine: ``Navy Takes Biofuels Campaign Into
Uncharted Waters''; and the second headline is that the ``Air Force
Tells Biofuels Industry to `Bring It.''' They want to buy these
alternative fuels. There were two articles; one by Beidel and one by
Grace Jean. And a little bit later, we'll have an opportunity to look
at biofuels and their role and why the military is focusing so much on
these.
And then an interesting article in the L.A. Times, ``Pressure builds
in the House to pass tax-cut package.'' A little bit later, we'll have
an opportunity to look at taxes and should we cut them. We really have
a huge debt, getting bigger every day. Getting money from our people to
bring down this debt is important.
So what are the arguments for cutting taxes? Benjamin Franklin, in
1787, came out of the Constitutional Convention, and he was asked--and
one of the stories has it that it was a lady who asked him that. I like
that story--Mr. Franklin, what have you given us? What have you
wrought? And his answer was: A Republic, madam, if you can keep it. A
very short response: A Republic.
But I thought we lived in a democracy. At events we do that Pledge of
Allegiance to the flag, and you come to that part that says, ``the
Republic for which it stands,'' and then we get up and talk about this
great democracy that we live in. What is the difference between a
republic and a democracy?
Before reflecting on that and why it is important to understand that
difference, I would like to spend just a moment looking at Benjamin
Franklin's hope: ``if you can keep it.'' I wonder what he thought the
biggest threat to this Republic, this Constitution would be. I kind of
think he wasn't all that concerned about foreign powers that got here
across a big ocean in sailboats. I'm sure he had some concern about
threats from outside the country. But I kind of think that he might
have been more concerned about threats from within: A Republic, madam,
if you can keep it.

{time} 1940

What is the difference between a republic and a democracy?
I'd like to use a couple of examples of a democracy to help us
understand that two wolves and a lamb voting on what they are going to
have for dinner would be a democratic process; the majority wins in a
democracy.
So what do you think is going to happen if the body is made up of two
wolves and a lamb, and they are voting on what they are going to have
for dinner?
If it is a democracy, there will be lamb for dinner because the
majority wants that. If it is a republic and the constitution, or
whatever they call the body of laws that they live by, says you can't
have lamb for dinner, you won't have lamb for dinner, no matter whether
the majority wants it or not, because, you see, it is against the law.
In our country, we would say it's unconstitutional.
I really kind of hesitate to use this next example of a democracy,
but I hope you will understand.
A lynch mob is really an example of a democracy. Isn't the will of
the majority being expressed in a lynch mob? Aren't you glad you live
in a republic where it is not the will or the whim of the majority that
controls but the law that controls?
I remember back a number of years ago when, I believe it was, Harry
Truman nationalized the steel mills. They were going to strike. Back
then, it mattered that we wouldn't have any steel made as we had some
manufacturing in those days. It wouldn't matter a whole lot now, would
it? The economy was already in trouble, and it was going to be in even
bigger trouble if they did that, so Harry Truman nationalized the steel
mills. That was a very popular action. A huge majority of the American
people applauded that because that made them, you see, Federal
employees, and as Federal employees, you can't strike. That was a
hugely popular action--an executive order. The Supreme Court met in
emergency session. In effect, what they said was, Mr. President, no
matter how popular that is, you can't do it, because it's
unconstitutional.
Now, why is this important?
Congress is doing a lot of things that are not specifically permitted
by the Constitution. Four years after the Constitution was ratified,
there was the Bill of Rights. They started with 12 amendments, and 10
of them made it through the process: two-thirds of the House, two-
thirds of the Senate and three-fourths of the State legislatures. We
call them the Bill of Rights. There was a lot of argument that they
really didn't need to do that, because every one of those rights so
explicitly enumerated in the Bill of Rights was implicit in the
Constitution, itself.
We in the Congress today involve ourselves in almost everything that
affects citizens of the country. We use two different things in the
Constitution to justify doing that. One of them is ``promote the
general welfare.'' That's in the Preamble to the Constitution, itself.
It is also repeated in the preamble to section 8, which specifies what
the Congress can do. The Preamble of the Constitution simply says:
``promote the general welfare.'' But in the first paragraph of article
I, section 8, it says to promote the ``general welfare of the United
States.''
What they were talking about was the responsibility of making sure we
had a strong country. Words change their meanings, and their use of the
word ``welfare'' didn't even come close to our use of the word
``welfare'' because, when we think of welfare, we think of a big
organization that handles a lot of money and that takes care of people
who are in need.
Then, in the Bill of Rights, there are the last two amendments, which
are seldom referred to. The Ninth Amendment simply says that
essentially all the rights belong to the people, and the people have
chosen to give a few of those rights to the government.
A few days ago, I was privileged to spend an hour or so with one of
the Justices on our Supreme Court, and he gave a very interesting
example. He had a piece of paper like this, and he tore off a little
corner of it:
These are all the rights that we have--and he tore off a little
corner of it--and we're going to give this much to the Federal
Government.
Just a little.
So the Ninth Amendment reiterates that. It says that essentially all
the rights belong to the people except for those few that they give to
the government.
Then there is the 10th Amendment. This is the most violated amendment
and the least referred to amendment in the Constitution. The 10th
Amendment in everyday English--it's written in Old English and
legalese--you've got to kind of interpret. What it really says is, if
you can't find it in article I, section 8, you can't do it.
Now, we do a whole lot of things that you can't find in article I,
section 8. We use two things to justify that. One is the ``promote the
general welfare.'' If it helps people, if it makes things better, we
can do it. The second thing we use is called the commerce clause, which
says that Congress has the responsibility and the authority to regulate
commerce between the States. Now, there is nothing that doesn't pass

[[Page 19791]]

over a State line, so you can argue that, therefore, we can concern
ourselves with anything and everything--and we do.
But then I asked myself the question: If that were how they wanted us
to interpret the Constitution, why did they put all that detail in
article I, section 8--like duties and imposts and excises, and
borrowing money and regulating commerce?
Well, that's the one they use.
Establish uniform rules of naturalization, laws for bankruptcy,
coining money.
Somehow we gave that away to the Fed without amending the
Constitution. I'm not sure how.
Provide for the punishment of counterfeiting, to establish post
offices and post roads, to promote the progress of science and useful
arts, this is, copyrights and patents to constitute tribunals inferior
to the Supreme Court.
That's our lower Federal courts.
To define and punish piracies and felonies committed on the high seas
and offenses against the law of nations.
Then all the rest of it deals with just two things--to declare war,
grant letters of marque and reprisal, and then the military.
The last paragraph, of course, relates to the seat of government,
what we call the District of Columbia.
Then it ends with a paragraph that is used to justify doing anything
and everything we want to do: ``to make all laws which shall be
necessary and proper for carrying into execution the foregoing powers,
and all other powers vested by this Constitution in the Government of
the United States.''
But the 10th Amendment says, if you can't find it in article I,
section 8, you can't do it. Now, there are three big things that we
do--more than three, really, but there are three big things we do that
I can't find there. One is our involvement in education. Another is our
involvement in health care, except for our military, and the third one
is philanthropy.
By the way, Madam Speaker, if you will do a Google search for Davy
Crockett--he was a Congressman from Tennessee and a farmer--you will
find a very fascinating discussion of philanthropy. We don't have time
here today to go through it, but you will be fascinated by it. Then he
gave a speech on the floor, talking about philanthropy.
Now, these are good things. We support the National Institutes of
Health. We support the National Academy of Sciences. None of these
things are in the Constitution, and we do them all without amending the
Constitution.
Since these are good things and they help us, why should I be
concerned?

{time} 1950

They're not explicitly permitted by the Constitution, and we haven't
amended the Constitution so that we can legitimately do it. Let me tell
you why I am concerned.
This little country--and we're little, one person out of 22 in the
world--and we have a fourth of all the good things in the world. And I
ask myself the question, why? What is so special about us that just one
person in 22 has a fourth of all the good things in the world? We no
longer are conspicuously the hardest working people in the world. We no
longer have the highest respect for technical education. This year, the
Chinese will graduate seven times as many engineers as we graduate.
About half of our engineering students are Chinese students. And we no
longer have the most respect for the nuclear family. This year, almost
50 percent of all of our children will be born out of wedlock.
Why then are we so darn fortunate, that just one person out of 22 has
a fourth of all the good things in the world? You may have other
reasons, Madam Speaker, but I think that our enormous respect for our
civil liberties established a climate and milieu in which creativity
and entrepreneurship can flourish, and I think that if we put at risk
these civil liberties, we put at risk who we are.
If we can rationalize that because it's a good thing to support the
National Institutes of Health or provide health care or have a
Department of Education, that you can then just kind of ignore the
Constitution, that sets, I think, a very dangerous precedent because,
in the future, it may be that a majority of our people will feel that a
minority of our people should be denied some of their civil liberties.
And if we can just rationalize that we don't have to pay any attention
to the specifics of the Constitution and these other things, why
couldn't that happen to our civil liberties? And because I am so
convinced that these civil liberties are such a huge reason that we are
such a favored country, I'm very concerned that we shouldn't just
ignore the Constitution because what you're going to do seems okay and
popular and going to help.
I remember back when we were congratulating ourselves because we had
a budget surplus. We had to raise the debt limit ceiling. Kind of
jokingly I asked our leadership, what are you going to tell the
American people--all these months you've been telling them we have a
budget surplus and now we're voting to raise the debt limit ceiling?
Why would we have to raise the debt limit ceiling if we've had a budget
surplus? We did have a budget surplus, and we did pay down a debt, but
it wasn't the national debt. It was the public debt.
I suspect, Madam Speaker, that there are not a large percentage of
the American people that know the difference between the public debt
and the national debt. The public debt is the Wall Street debt, the
debt we owe to people who have bought our securities, who have loaned
us money. The national debt is the sum of the public debt and the trust
fund debt.
You see, we have about fifty trust funds. Two of the biggest ones are
Medicare and Social Security, and we have been running surpluses in
those fortunately because when the baby boomers all come on line, we're
going to really need those surpluses, but there's no money there.
You see, this budget surplus was in what we called the unified
budget, when we put the trust funds on budget, and then we made the
perfectly irrational statement that the Social Security surplus offset
the deficit. Well, if you have taken the money that you have taken out
of the paychecks of our citizens for Medicare and Social Security and
you spend it, which is exactly what we've done, you have incurred
another debt.
So what we did when we had this surplus, we paid down the national
debt; for every dollar of national debt we paid down, there was another
dollar increase in the trust fund debt. The sum of those two debts is
the national debt. And if we kept our books on the accrual method,
which we require of every business with more than something like a
million dollars in transfers of money during the year, there never was
a moment in time, I'm told, that the national debt really went down.
Now I talk about this tonight because we're going to talk about taxes
and what we haven't done and what we should do, and I just wanted to
point out that when Congress tells you what the deficit is, add several
hundred billion dollars to that, now less this year than other years
because this year for the first time there was no surplus in Social
Security, but there was a whole lot of surpluses in other areas.
So, remember, it's the unified budget and the public debt that
they're talking about, but it's the national debt that we need to fund,
and that's the debt that determines how much money we owe and what the
interest on that money will be.
Madam Speaker, I've thought a lot about taxes. If we had a zero
percent tax rate, we'd collect no money. And then if we had a 100
percent tax rate, we'd collect no taxes because nobody would work if
you're going to take all their money. So I thought a lot about what's
that magic number: somewhere between zero percent where you collect no
taxes and 100 percent taxation where obviously you'll collect no taxes
because nobody's going to work. Somewhere in there is the magic number
where you're going to collect the most taxes.
Now obviously if taxes are too high, 100 percent, nobody's going to
work; and if you come down from 100 percent, people are going to drop
out. It's not

[[Page 19792]]

worth working; the government takes so much money. So what is that
magic number where we will not depress the economy and, therefore, have
the biggest revenue from our taxes?
I submit that it is probably less than where we are now, because Tax
Freedom Day, I think, is sometime in April. I haven't seen the number
for this last year. But Government Freedom Day--that's when you can
work the first day so that you can have money to buy your car and pay
your mortgage and send your kids to college--that's sometime in July.
For a year or two, it was just about July 4th, and I thought, How nice.
That's the second freedom that we now have. We have the freedom to use
the money that we've made for ourselves; government's not going to take
it.
Tax Freedom Day is sometime in April; Government Freedom Day is in
July. You may have a different perspective, but I think that that's
kind of a pretty big burden. As a matter of fact, we may be collecting
less revenues from taxes because the taxes are that high.
I want to spend the time remaining in talking about these last two
articles that I mentioned, biofuels and our defense focus on energy. I
have some slides here that will help to illuminate this. Of course, the
thing that we're all concerned about now is the economy and taxes, and
I think that if you don't factor energy in, oil particularly, you won't
have considered all of the inputs that are going to determine what our
economy will be.

{time} 2000

The first slide that we have here, the first chart, it's several
years old as you can see, 2008, a couple of years old, and you will see
the highest price for oil there was less than $100 a barrel. It really
went a little after this to $147 a barrel. These two lines here are the
lines that are compiled by EIA and IEA. One of those is a creature of
the OECD, to which we belong, and the other is a part of our Department
of Energy. And they have been pretty consistently agreeing with each
other. This, starting in 2002 and ending in 2008, represents the amount
of oil that the world has pumped. And you'll see, for about 3 years
before the recession, the supply of oil was constant.
Now, with a constant supply of oil and increasing demands, this year,
China sold more cars to their people than we did in our country. China
has now become the largest CO2 emitter on the globe, not yet
the largest energy user, because they are not as good as we are at
reducing the CO2 footprint. But what this says is that 3 or
4 years before the recession, the supply of oil was constant and demand
was going up in our country.
We like to grow. The stock market has a lot of trouble if you only
have about 2 percent growth, you may have noticed. And the Chinese are
growing. India is growing. Brazil is growing. So there were increased
demands for oil. And so the price you can see going up here. It went
from $50 to $100 to nearly $150 a barrel. And then the recession.
Now, what does the future look like? Because unless you have some
concept of what the future is going to be like, you won't be making
rational decisions about taxes and spending, because energy is a huge,
huge part of our lives. We live better than any civilization has ever
lived at any time, largely because of the enormous supplies of this
energy.
This next chart is world oil production, looking to the future and
where will it come from. The dark blue here is conventional oil. That's
the kind of stuff we have been using for a lot of years now. We started
using it way back in the early 1900s, and we are producing more and
more and more. And now, as this chart shows, we have reached a peak.
It's called peak oil.
By the way, that happened in our country in 1970. It was predicted 14
years before that by M. King Hubbard, who was relegated to the lunatic
fringe and ridiculed. But right on schedule, as he predicted, in 1970,
we reached our maximum oil production in this country. The world, this
chart says, has reached it now; and apparently that is so, because, as
you just saw from the previous chart, both the EIA and the IEA had oil
production flat for the last 4 years.
Now, what will the future look like? This is their projection of what
the future will look like. They say that we are going to get from this
light blue area a lot of oil. By 2030, we are going to be getting as
much oil from fields yet to be developed as we are getting from all of
our developed fields now. That may or may not happen. But even more
speculative is this interesting red area: Crude oil, fields yet to be
found. And that's almost as big in 2030 as the fields we now know and
the fields we have discovered and are yet going to develop.
Now, the brown area is enhanced oil recovery, live steam and
CO2 and pushing a lot of seawater down there if you are near
it. These are ways to get some more oil out or, you know, opening up
the fields down there and shale and so forth can get more oil out. So
this is the additional oil we will get from fields that we now have.
That's their guess as to how much that will be.
Nonconventional oil, that's like the heavy sour from Venezuela, and
it's like the tar sands of Alberta, Canada, which are very interesting,
about a million and a half barrels a day. Bitumen, I think, is what
they call it. It won't flow, so you have to cook it and then add some
volatiles to it so that it will flow.
I am reading a very interesting book, written by a Canadian, with a
long discussion of the Alberta tar sands. They soon will have mined all
that you can do by surface mining, and then it kind of ducks under an
overlay that is too big to remove economically. So what they are going
to have to do then is develop it in situ, which means, like, you know,
pumping live steam down there to make it 1,000 degree temperature to
soften up the stuff so that it will flow.
But this is a guess as to how much unconventional oil we will get.
And then with natural gas--and we are using more and more natural gas--
there are some liquids that will come with that, so they will increase.
I think that both this light blue area and the red area and maybe the
others, too, are kind of wishful dreams. I think that we will be more
than lucky if this top line here is level. I think we will be more than
lucky if we can make up through developing fields that we have already
discovered, discovering new fields, and enhanced oil recovery and so
forth, we will do very well if we can make up for the oil we are not
going to get from the fields that we now know.
The next chart shows that in a very different way. If you had only
one chart that you could look at that would help you decide what you
need to do about your economy and what you need to do with taxes, I
think this would be the chart. There is a lot of information on this
chart. The vertical bars here are the amount of oil that we found in
each of those years. And you can go back to the thirties a little and
the forties and, wow, the fifties, and then it exploded in the
seventies and through the eighties. And we just found a lot of oil, a
whole lot more than we were using, because this solid line here
represents the oil that we were using. Of course, the area under that
will be the total amount of oil that you have used. And if you draw a
curve over these, the area under that curve obviously represents the
total amount of oil that you have found.
So up until about 1980 or so, we had, every year, found more oil than
we had pumped. But then after 1980, look what happened. We are using
more and more and finding less and less. Now, this chart is about 5
years old, as you can see, because the lightly shaded area there, which
was a projection for the future, begins at 2005. And they were
projecting a peak at about 2008 or 2009. That's precisely what
happened, as you saw from the first two charts.
Now, the discoveries for the future are not going to be that very
smooth ever less and less. It's going to be up and down like this. But
it's not going to be this kind of magnitude. The oil that we are
finding now is in very difficult places. A major find in the Gulf of
Mexico is under, what, 7,000 feet of water and 30,000 feet of rock.
That is way down there.
An oil discovery of 10 billion barrels of oil, we heave a sigh of
relief. Ten billion barrels of oil. Why do we worry?

[[Page 19793]]

Why do we still worry if we've found that oil? And we may find several
fields of that size. That is because, in the math, it's pretty simple.
Every 12 days, we use about 1 billion barrels of oil. We use 84 million
barrels a day. I think 84 goes into 1,000 a little less than 12 times.
So every 12 days, we've used a bit more than 1 billion barrels of oil.
So that big find of 10 billion barrels will last 120 days. That's it.
Notice the discontinuity in this use curve, a very interesting
phenomenon. Notice the date back in the seventies.

{time} 2010

The Arab oil shocks back then, it changed the world. In a way they
were fortuitous and good, because look what happened, or look what
would have happened if we didn't have those oil shocks.
This is the rate of increase in the use of oil. Had that exponential
curve continued, we would be off the charts. That was a big wake-up
call. And we, and most of the rest of the world, became very much more
efficient in the way we use oil. Your new freezer and refrigerator and
air conditioner is very much more efficient than those of the seventies
and early eighties.
Exponential growth is a poorly understood phenomenon. Albert Einstein
was asked, when they were talking about nuclear energy and what that
was meaning to the world, what was going to be the next big thing that
we'd find? And he said the most powerful thing in the universe was the
power of compound interest.
If you just think about that, 2 percent growth doubles in 35 years.
And 2 percent growth is not much. It's kind of feeble. Our stock market
doesn't like 2 percent growth. It wants more than that. But 2 percent
growth doubles in 35 years. It's four times bigger in 70 years. It's 8
times bigger in 105 years. It is 16 times bigger in 140 years; 16 times
bigger in 140 years. Obviously, we're not going to be using 16 times as
much energy in 140 years from now as we are using now.
So when you're thinking about spending and taxes and what we ought to
be doing you need to keep in the back of your mind this reality. Gas is
now a bit more than $3 a gallon. Oil is what? Pushing $90 a barrel. And
the world is struggling to get out of this recession.
There are many economists who believe that when the world comes out
of this recession it's going to demand a lot more oil. But we're up
against a peak. We can't produce oil any faster. So when you have this
demand for oil, and it cannot be supplied, the price is going to go up.
And you know, we, in this country, attributed this recession that
we're trying to recover from to the housing bubble. But it was kind of
the perfect storm. At the same time that we were doing grossly
irrational things with financing these houses, we were also hit by peak
oil. And I guess it's an economist debate as to whether it was the cost
of energy effect or the housing bubble that was most responsible for
bringing us to our knees.
Now, you can make any projection you want about the future, but one
thing is absolutely certain. You can't pump oil you haven't found and
developed. And the probability that we're going to be pumping
meaningfully increased amounts of oil in the future is very, very
small.
The next chart is one you need to be looking at when you're thinking
about our taxes and our economy and what we ought to be doing, because
this is the world according to oil. And the premise here is, let's draw
a world where the size of the country is relative to how much oil in
reserve that it has. What would the world look like? And then let's
color it, so that those who are using a lot of oil show up as yellow,
and then blue and then on down to lesser amounts of oil.
Well, you look at us over here. A couple of really interesting
things. We don't have much. And we're the only country colored yellow.
So we're big users of oil, and we don't have much. Well, we don't. We
have only 2 percent of the world's reserves. We use 25 percent of the
world's oil, and we import about two-thirds of what we use.
Our largest exporter is Canada. Wow, they don't have probably as much
oil as we have, and they don't have very many people either, so they
can export oil.
Until very recently, our second-largest exporter was Mexico. They
also have less oil than we. But their people are too poor. They have a
lot of people. Their people are too poor to use the oil, and so they're
exporting the oil.
Within about a decade, by the way, the rate at which they are using
the oil and the decline in the rate at which they are producing oil,
and that's about a decade, maybe less, Mexico will be an oil importer.
Venezuela. Hugo Chavez dwarfs us and Canada and Mexico and all the
rest of South America. Huge relative to this side of the Atlantic, huge
supplies of oil.
Saudi Arabia represents 22 percent of the landscape, if the country
was sized relative to the amount of oil it has because it has about 22
percent of the reserves of oil in the world.
Iraq and little Kuwait, it looked to Saddam Hussein like an errant
province down there on the southeastern border. Tiny. Qatar, even
smaller United Arab Emirates, hard to find them on the map, isn't it?
Look how big they are as far as oil is concerned.
And Iran, a present and growing problem.
Now, look at China over there. China's next to the biggest user,
blue, next to the biggest user of energy to us.
By the way, this lighter blue here in Iran. With their present curve
for exporting oil and their present increasing use of oil, within a
decade, Iran will cease to be an exporter. And this is one of the
problems that we face in the world. All these developing countries have
increasing populations that, through the miracle of communication, know
the benefits of industrialized society, and they're saying, hey, what
about us?
There are 900 million people in China, three times our population,
that live in rural areas that are making just that request of the
Chinese government: What about us? So China has a huge challenge in
supplying the energy needs of this developing population.
And there's Russia. They are vying now with Saudi Arabia to be the
biggest exporter of oil in the world. They have more than us. About the
same as Venezuela. They don't have anywhere near as many people as we
have, and they don't use, per capita, as much energy as we use. So
Russia is a big exporter. As a matter of fact, as I said, they're vying
with Saudi Arabia to be biggest exporter in the world
India. Can you find India on the map there? A billion people, growing
rapidly. Buying oil.
So you can see the challenge that this presents. And the recognition
that we have got to look at our taxes, and we've got to look at our
economy relative to the world situation and energy and what is likely
to happen to the price of gasoline, because about 70 percent of all oil
is used for transportation, and 90 some percent of all transportation
is oil.
Relative to this is an interesting statement from Condoleezza Rice,
former Secretary of State: We do have to do something about the energy
problem. I can tell you that nothing has really taken me aback more as
Secretary of State than the way that the politics of energy is, I will
use the word ``warping'' diplomacy around the world. We have simply got
to do something about the ``warping'' now of diplomatic effort by the
all out rush for energy supply.
I don't have the chart here, but China is now buying oil all over the
world. Why would China buy oil when it doesn't make any difference
today who owns the oil? The person who comes to the auction with money,
as we do every week, because we have only 2 percent of the oil, we use
25 percent of the oil; we simply buy the oil from those who have it
because we come with the money to do that.
Your government has paid for four studies. Here are the four studies
that they paid for starting in 2005, two of them in 2005, 2006, 2007.
And one of them had two reports, but there were four studies: The DOE
report, the Hirsch study, Army Corps of Engineers, and Government
Accountability Office.

[[Page 19794]]

Oh, and the National Petroleum Council also did a study, but two of
these are from the same study, just was reported later. All of these
said essentially the same thing, that peaking of oil is either
present--we didn't know then; you never know until you look back that
it's peaked--or, imminent, with potentially devastating consequences.
I just wanted to spend the last few minutes we have in looking at
some of the statements in these four reports.

{time} 2020

I think that we paid for the second, third, and fourth because we
weren't happy with what the first report said. That was the Hirsch
report. But they ended up all essentially saying the same.
Let's just spend the last few minutes we have together looking at
some of the comments that were in these reports.
This is the Hirsch report: World peaking of oil is going to happen.
It is obvious. Oil is finite. One day it will be gone. But before it is
gone, we are going to reach our maximum ability to produce oil. Peaking
of oil is going to happen.
Then they say that the world has never faced a problem like this.
Unprecedented. The world has never faced a problem like this.
From the same report: The peaking of world oil production presents
the U.S. and the world with an unprecedented risk management problem.
As peaking is approached, liquid fuel prices and price volatility will
increase dramatically--$147 a barrel--and without timely mitigation--
which we have not done--the economic, social, and political costs will
be unprecedented.
Now, we need to be thinking about this when we are thinking about
taxes and spending. We are going to face some huge challenges.
By the way, I find facing a big challenge and meeting it successfully
is very exhilarating, so I see these reports as challenging and
exhilarating.
This next one is from the Army Corps of Engineers' study: Oil is the
most important form of energy in the world today. And, if you think
about it, this is really true. Historically, no other energy source
equals oil's intrinsic qualities of extractability, transportability,
versatility, and cost. The qualities that enabled oil to take over from
coal as a frontline energy source for the industrialized world in the
middle of the 20th century are as relevant today as they were then. As
President Bush said, ``We are hooked on oil.'' That is true.
This is a quote from Gene Laherrere, a very early pioneer in this,
with Colin Campbell, a Frenchman and Scotsman, I think. But they were a
number of years ago predicting that this was going to happen and the
world should be paying attention.
We have had very optimistic projections of how much oil there is
going to be in the future. These people have come down from that, by
the way, way down from those hopeful projections. But this is
Laherrere's assessment of the USGS Report: The USGS estimate implies a
five-fold increase in discovery rate and reserve addition, for which no
evidence is presented. Such an improvement in performance is, in fact,
utterly implausible given the great technological achievements of the
industry over the past 20 years, the worldwide search, and the
deliberate effort to find the largest remaining prospects.
So Laherrere said that what they were proposing was utterly
implausible. Now they have come way down from those projections.
As we are thinking about our taxes and our economy and what we need
to be doing about that, this is a reality that we need to pay attention
to. This is the top ten companies on the basis of oil production and
reserves. The left one is production.
Now, we have some big giants like BP and ExxonMobil and Shell. They
have 22 percent of the production. Companies that are owned by--well,
they aren't companies, really. They are owned by a country. They have
78 percent of all the production.
Now, when it comes to reserves, our three big guys don't even show up
among the top ten. They aren't even there. Ninety-eight percent of it
is from countries like Saudi Aramco, National Iranian Oil, Iraq
National Oil, Kuwait Petroleum, and so forth. LUKOIL, which is kind of
private, Russia, is 2 percent.
As you are thinking about our taxes and our economy and what we ought
to be doing, you really need to factor this in because it is a
geopolitical reality that is going to make cutting taxes and reducing
spending so that there will be something to buy this energy with, which
is really going to go up, or our quality of life is going to plateau
and turn down and our economies are going to sour quickly with very
difficult recovery.
All these charts, by the way, you may have noted, are from the
Government Accountability Office, a very respectable nonpartisan
organization.
Worldwide Proven Oil Reserves by Political Risk. How much of it can
we really count on and how much of it has some political risk involved?
Well, let's see.
Low political risk, 413.
These are billion barrels, by the way, and these are going to add up
to a bit over 1 trillion, which is a generally accepted number of how
much oil is out there. Now, we will add a little to it, but it is not
going to be a huge amount we add to it.
Medium risk, 314. And high risk, 389.
What this says is that only roughly one-third, a little more than
one-third of the oil that is out there has low political risk, we could
really count on in a pinch that it is going to be there. The other may
not be there because there is medium and high political risk.
This same dynamic is shown in the next chart here, and this is by
investment risk. Where can the big oil companies invest their money?
Where can we invest our money? Where do we have low risk? Where do we
have high risk?
Well, in 384 billion barrels, there is no foreign investment. They
own it all. They don't need any money, so there is no foreign
investment there. Only 165 billion barrels have low risk; 164, medium;
402, high. So just a whisker over one-fourth of the oil that is out
there has low and medium risk.
I have been privileged to spend this hour talking about our economy
and the impact energy is going to have on that.

____________________

HONORING CONGRESSMAN JIM OBERSTAR

The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, the gentlewoman from Minnesota (Ms. McCollum) is
recognized for 60 minutes as the designee of the majority leader.

General Leave

Ms. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members
be given 5 legislative days in which to revise and extend their remarks
on the topic of this Special Order.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Minnesota?
There was no objection.
Ms. McCOLLUM. Madam Speaker, tonight I rise with the sad honor of
recognizing the retirement of my friend, colleague, Congressman Jim
Oberstar. He has served the residents of Minnesota's Eighth
Congressional District with distinction for more than 36 years.
Jim is the dean of the Minnesota congressional delegation, and all of
us, House and Senate, are deeply grateful for his commitment to our
State.
To many people in Washington, DC, he is Chairman James L. Oberstar of
the powerful Committee on Transportation and Infrastructure, but to
most Minnesotans, he is Jim Oberstar from Chisholm, the heart of
Minnesota's Iron Range.
For those of you who don't know about the Iron Range, it can be a
tough place to grow up--lots of cold weather and a lot of hard work.
But it has lots of great people.
The hard lessons of his early years served Jim well in Washington. He
knew how to fight for people and causes that he served, and he always
worked for progress in a way that honored his principles.

[[Page 19795]]

During his time in Congress, Jim made a career out of creating good
jobs and building America.

{time} 2030

His priority was investing in the future prosperity of his country,
literally laying the foundation of a 21st-century American economy, and
I am proud to say he has been my partner in building a modern
transportation system in the Twin Cities.
Next month, major renovations on the Union Depot in St. Paul, a
modern multi-modal transportation hub, will create 3,000 construction
jobs. Only months later, construction begins on the Central Corridor,
the light rail between St. Paul and Minneapolis, creating thousands of
more jobs. Neither of these major investments would have been happening
without Jim Oberstar. He had the vision to plan for the future.
He has also demonstrated his leadership in times of great crisis, and
he has been effective. On August 1, 2007, the Interstate 35W bridge
collapsed in Minneapolis and 13 people lost their lives. The Chairman
raced to action and helped to secure emergency legislation that rebuilt
the bridge, reconnected our communities.
But he didn't stop there. Chairman Oberstar worked in Congress to
call attention to the epidemic of weak bridges all across this country,
and he made bridge repair and replacement a focus of the Recovery Act.
Because of Jim Oberstar's commitment, thousands of bridges across this
country were replaced or rebuilt through the Recovery Act. Millions of
Americans are safer today because Chairman Oberstar recognized
Minnesota's tragedy was an American crisis.
Jim Oberstar not only served; he served well. He not only worked
hard; he achieved results. He was a true ranger. His roots of loyalty
to the needs of working families in Minnesota and across this country
could not be beat. This institution is about to lose a great leader,
but it is inheriting a legacy of commitment and fairness and
professionalism that should serve as a model for all of us.
On behalf of myself and the Minnesotans I represent, I extend my
thanks and my best wishes to Chairman Jim Oberstar.
Madam Speaker, at this point I will insert in the Record various
letters in support of Chairman Oberstar; from Congressman Erik Paulsen,
Congresswoman Betsy Markey, State Representative Tommy Rukavina, State
Senator Tom Saxhaug, State Senator Tom Bakk, State Senator David
Tomassoni, the Honorable Don Ness, Mayor of the City of Duluth, the
Honorable Christopher Coleman, the Mayor of the City of Saint Paul, and
the Ramsey County Board of Commissioners and their Rail Authority.

Tom Rukavina,

Minnesota State Representative,

December 8, 2010.
To the Honorable Members of the United States House of
Representatives: I am honored to have the opportunity to
recognize and praise my friend, Congressman Jim Oberstar,
whom I don't have to address as honorable because everyone
who has been around Washington DC for the last 36 years knows
that goes without saying!
Congressman Oberstar in my mind epitomizes what's good
about ``politicians.'' He has not only cared about the well-
being of his constituents, but has also cared about every one
of your constituents here in this great United States of
America. His knowledge of transportation issues is legendary,
and his stewardship of our natural resources and his concern
for our children and grandchildren on issues such as clean
water exemplifies his commitment to our future generations.
I am personally sad that Congressman Oberstar will not be
representing me and his beloved Iron Range in the United
States Congress. But I am honored that Congressman Oberstar's
legacy and contributions to this country will be recognized
by those future generations that he has dedicated his entire
life to.
Congressman, as many of those Iron Range old-timers that
you love to talk about would have said to you, ``dobro srecu,
buona fortuna''--in other words, good luck to you as you move
forward in life!
Warm regards,
Tom Rukavina.
____

Thomas W. Saxhaug,

Minnesota State Senator,

St. Paul, MN, December 8, 2010.
Representative James Oberstar,
Rayburn House Office Building,
Washington, DC.
Dear Jim: Thanks for your tireless work on behalf of the
people of Itasca County and the Grand Rapids Area. Your work
will long be remembered by our generation and will benefit
generations to come. My opportunity to work with you on the
Edge of the Wilderness National Scenic Byway and riding
bicycles on the Mesabi Range Trail will never be forgotten.
Thanks for your public service to my district, the State of
Minnesota and the United States of America.
Sincerely,
Tom Saxhaug.
____

Thomas M. Bakk,

Minnesota State Senator,

St. Paul, MN, December 8, 2010.
Rep. James Oberstar,
Rayburn House Office Building,
Washington, DC.
Dear Representative Oberstar: The Eighth District of
Minnesota is forever indebted to you for your 36 years of
service and dedication to the betterment of Northeastern
Minnesota.
In fact, all of Minnesota would not be the same without
your tireless hard work on our behalf. Most recently, much of
the state can now enjoy the hiking and biking trails that
have been connected thanks to your funding. Also, many
regional centers are more competitive, due to your work on
keeping our airports in top condition. Our state is in better
shape financially, thanks to your funding of projects for the
Recovery Act and many people have jobs because of you.
Thank you for dedicating your life to public service. You
will be missed.
Sincerely,
Thomas M. Bakk.
____

David J. Tomassoni,

Minnesota State Senator,

December 8, 2010.
Hon. James Oberstar,
Chisholm, MN.
Dear Congressman Oberstar: It is with bitter sweet pleasure
that I congratulate you on your incredible career as a United
States Congressman representing Minnesota's 8th district for
the last 36 years. I have gotten to know you very well over
the years and I consider it an honor and a privilege to call
you my great friend and ``paesano.''
There was never a time during your tenure that you didn't
make your district your priority. The people of the 8th have
benefited greatly as a result of your dedicated work and
undying devotion. Whether it be saving Northwest Airlines,
resulting in over 500 jobs in Chisholm at the Reservation
Center; the reconstruction of Highway 53 and 169 interchange;
renovation of Highway 8; the countless miles of bike trails;
the re-opening of Eveleth Taconite; the dredging of the
Duluth-Superior Harbor; the authorization to expand the Sault
Ste. Marie Locks; or the rebuilding of the Interstate 35
bridge, you have unapologetically delivered.
Not only has your vision produced results, but your heart
has helped numerous individuals with personal problems. One
by one you helped hundreds of people with Social Security
disability and Veterans' benefits. Individuals like the light
house operator, or Marvin Ford, a survivor of the Atomic Bomb
testing, both were personally afforded benefits as a result
of your work. Even today you are still working to fulfill
PBGC benefit integrity for National Steel employees.
Nationally, planes, trains and automobiles have all been
the beneficiary of your vision to make America's
transportation and infrastructure system the premier in the
world. Your work and your legacy will benefit generations to
come. The impact you have had on an entire nation will go
unmatched.
Thank you for the difference you have made. You will be
missed.
Arriverderci amico,
David Tomassoni.
____

Don Ness, Mayor,

Duluth, MN, December 8, 2010.
As an American, I am grateful for Chairman Oberstar's life-
long service to our country. Chairman Oberstar has been a
champion for transportation improvements with an eye to
efficiency, safety, and our nation's economic
competitiveness. The Chairman is tough, creative, strategic,
and visionary in his efforts to modernize American
transportation.
As a Mayor in Minnesota, I am thankful for Congressman
Oberstar's commitment to the health and vitality of our
region. The Congressman has been a strong partner in economic
development, in addressing our most pressing issues, and in
providing outstanding constituent service. Every day on the
job, he saw opportunities to do well by the people of
Minnesota and he delivered.
History will be rightfully kind to Jim Oberstar. As
impressive as Jim's legacy appears to us today, as time
passes, history will confirm, endorse, and strengthen that
legacy. Today's politics is immediate and reactive, yet for
36 years, Jim Oberstar built his legacy through comprehensive
understanding and an eye to the future. He didn't go into
public service to play political games; he wanted to help
shape the future of our nation.
No matter the consequences, Jim was going to do the right
thing. I remember in

[[Page 19796]]

the wake of 9/11, I saw Jim travel to the most conservative
part of his district and speak forcibly against the invasion
of Iraq. He was right and his integrity compelled him to
speak against the rush to war, no matter the politics of the
moment. Jim's integrity never wavered and his integrity has
defined his time in Congress.
As a former Ober-staff, I feel privileged to have worked
for Jim Oberstar because he is a great leader, a brilliant
mind, and a forceful voice for our country. But more
importantly, he is a good person--loyal, protective, loving,
and generous.
Working for Jim Oberstar, you were acutely aware of the
fact that he was someone who was shaping our nation's future
and you were equally aware of how much he cared for you as a
person. That's a special combination. His staff is loyal
because he is a caring boss; his staff loves him because he
is their friend.
Dr. Thomas Fuller once said, ``Great and good are seldom
the same man.'' And with the truth of that statement ringing
in our ears, recognizing how rarely we see it, we say:
``Thank you, Jim. Thank you for being both great and
good.''
Don Ness.
____

Mayor Christopher B. Coleman,

St. Paul, MN, December 8, 2010.
Congresswoman McCollum: Thank you for taking this time to
recognize one of our country's great leaders. Congressman Jim
Oberstar has poured vision, thoughtfulness, and commitment
into his work for nearly 50 years on behalf of not just
Minnesotans, but all Americans. The United States would not
look or feel the same without Congressman Oberstar's
leadership on infrastructure and transportation issues.
Jim graduated from the College of Saint Thomas in Saint
Paul and his summa cum laude dual degree in French and
Political Science should come as a surprise to no one. Jim
has talked about how this experience not only created a
direction for his incredible career, but also fostered a
life-long love for learning and for our capital city. I'm
proud to be the Mayor of a City Jim once called home.
Soon the City of Saint Paul will start running light rail
trains from the historic Union Depot to its sister city of
Minneapolis. The 30-year effort to build the Central Corridor
light rail line is a reality because of Jim Oberstar. This
line, along with the bus routes, bicycle lanes, and high
speed rail lines that will travel to and from of the Union
Depot every day will be a great legacy for us to remember
Congressman Oberstar. I look forward to sharing it with him.
The City of Saint Paul is better place to live today
because of the decades of service Congressman Oberstar has
given us. He has been a once in a generation leader for our
State and Country. As he steps toward the next chapter of an
already distinguished career, he carries with him the sincere
gratitude of all Minnesotans in recognition of his leadership
and service.
Sincerely,
Christopher B. Coleman.
____

December 8, 2010.
Dear Congressman Oberstar: On behalf of the Ramsey County
Board of Commissioners and Regional Railroad Authority, we
would like to express our heartfelt gratitude for your 36
years of dedicated and far-sighted service to the people of
Minnesota and the nation. We have appreciated your
leadership, your vision, your ability to get things done,
and, most of all your warm friendship and wise counsel, both
given freely and in great abundance.
We are extraordinarily grateful for your transportation and
transit leadership for our state, nation and region, in
particular for your steadfast support for the Union Depot
project. Your strong early support of the Depot, and the $85
million in federal funding you have helped to secure for this
project of regional and national significance, were
responsible for getting the project going and keeping it on
track.
Too, your support of the Central Corridor and the Hiawatha
Light Rail lines, the Rush Line Corridor and the Midwest High
Speed Rail initiative have helped to move those important
projects from dream to reality.
You have left your mark on the 8th District, on Minnesota
and on this great nation. Everywhere we look, we see the
fruits of your hard work in our transportation
infrastructure. Your untiring service is appreciated. We
strain to find words adequate to express our gratitude for
all that you have done for the people you have served so
faithfully for four decades.
In closing, let us just say how much we have enjoyed
working with you on projects that affect Ramsey County and
the entire state of Minnesota. We wish you and Jean a bright
and fulfilling future.
Sincerely,
Victoria Reinhardt,
Chair, Ramsey County Board of Commissioners.
Jim McDonough,
Chair, Ramsey County Regional Rail Authority.
Commissioner Tony Bennett.
Commissioner Toni Carter.
Commissioner Rafael Ortega.
Commissioner Jan Parker.
Commissioner Janice Rettman.

Ms. McCOLLUM. Madam Speaker, now I would like to yield to Congressman
Jim Oberstar.
Mr. OBERSTAR. Madam Speaker, I offer my very sincere and genuine
personal gratitude to the gentlewoman from Minnesota, Ms. McCollum, and
to the gentleman from Minnesota, Mr. Peterson, for cosponsoring this
Special Order. Never have I been the subject of a Special Order. It is
a true and unique honor, and I am grateful for all those who have taken
time to come this evening to express thoughts about my service in the
Congress, especially those of our Minnesota delegation and the
gentleman from Minnesota, Mr. Walz, who is here, and our two Senators,
Senator Amy Klobuchar and Senator Al Franken. I am grateful to them for
making the trip across the divide between the two bodies.
The most memorable moment for me was the day that Senator Hubert
Humphrey came at the invitation of Speaker O'Neill to address the House
of Representatives. Never in the history of the House had a Senator
been given that privilege, to address the House. And as Hubert Humphrey
stepped at the Clerk's desk just below the Speaker's table, he looked
across the expanse of this body and he said, ``Oh, you don't know how
long I have wanted to be here.'' Of course, that is where the President
stands to give his address to the Nation.
It is, in my mind, the greatest privilege in life to be chosen by the
people to serve in this greatest legislative body in the world. I have
had the great honor to step into the hall of the mother of parliaments
in London, the House of Commons in Canada, the Assemblee Nationale in
France, the Bundestag in Germany, the Great Hall of the People in
Beijing, the Parliament of Australia for their first sitting in their
new parliament in the 100th anniversary of Australia. But in all of
those venues, they look to this dome and to this House as the voice of
the people.
I look back on years of service. They have been wonderful and
inspiring years. My life has been touched by the people of the 8th
District whom I have had this great privilege to represent.
In the last 4 years, and I keep my report card with me of the 110th
and 111th Congresses, we held 316 hearings, heard from 2,201 witnesses,
and had 1,028 hours of hearings. We had 41 markups and 180 bills
reported to the House, 276 passed by the House, and 179 public laws and
resolutions.
In our portion of the stimulus, I can account for 1,300,000
construction jobs, $4.5 billion in payroll, $919 million in taxes paid
by those working on construction jobs across America, and 35,311 miles
of pavement built during this period of the stimulus.
Those are lasting benefits that will prove beneficial to future
generations, and they are much like the rest of my body of work, that I
can look back on my service and say I have given it my best, I have
served the people to the best of my ability and to the gifts that the
good Lord has given me and that my parents stimulated in me. But at
this juncture in these closing hours of this Congress, I am reminded of
Adlai Stevenson addressing a college graduation. He said to the
graduates, ``As you leave, remember why you came.''
Why I came was to serve the people, the needs of their respective
families, and to leave this district, to leave this House, to leave
this Nation a better place than I found it. I hope I have achieved that
goal.
Ms. McCOLLUM. Thank you and, yes, you have.
I would now like to recognize the gentleman from Missouri (Mr.
Carnahan).
Mr. CARNAHAN. Madam Speaker, I am sure that many of my colleagues
rising tonight will want to pay tribute to Chairman Jim Oberstar of
Minnesota, and every one of us will have a story or two about how the
chairman moved what seemed like heaven and

[[Page 19797]]

Earth in order to get things done for the people of this country. With
smart investments in all modes of transportation, his accomplishments
in public service have truly earned him the name ``Mr.
Transportation.''
Well, here is one of my favorite Jim Oberstar stories. A few years
ago, a group of people in Lemay in south St. Louis County had a
tremendous economic redevelopment opportunity to turn a patch of
dormant brownfields along the northern Mississippi River into great
economic development.

{time} 2040

They had done everything right. They had researched all the
background, they identified the most effective way to bring jobs, they
had brought their community together to build consensus. But they had
one big problem. They needed a road. They needed a road to somewhere
that created thousands of jobs.
Well, right now you're probably thinking that this story sounds
pretty familiar. There are plenty of communities that would love the
government's help to fund and build a road. Well, this road was being
blocked because of red tape. And they needed help. Well, there's a
phrase about things that are difficult in this country. They say, It's
like trying to get an act of Congress. Well, getting permission to
build this road actually took two acts of Congress; it never would have
happened without Chairman Jim Oberstar. When I found out what was
necessary to get the job done, I knew I had to talk to him to get his
advice and his help, and with that we were able to break through the
red tape to get that job done.
A few weeks ago, I had the great pleasure to go back to visit just a
few of the 3,000 people who now have good quality jobs because of Jim
Oberstar's help. On behalf of those workers and myself, I cannot thank
you enough for all you have done for this Congress, for colleagues, for
people across this country; for helping America build a road to a
better future. Thank you for your service, Jim Oberstar.
Ms. McCOLLUM. Madam Speaker, I would now like to recognize the
majority leader, the gentleman from Maryland (Mr. Hoyer).
Mr. HOYER. I thank the gentlelady for yielding. I thank the two
distinguished United States Senators from Minnesota for joining us this
evening on the floor.
This is a sad day for America--not this particular day--but it is a
sad event that an individual of the extraordinary quality and depth and
courage and empathy and understanding will not be serving in the 112th
Congress. This election saw the defeat of many, many very qualified
people--not on their merits, but on the angst of the American public,
concerned about jobs and the economy, concerned about the deficit,
concerned about many things, and making a statement that they wanted to
change. But, unfortunately, some babies got thrown out with the bath
water.
Jim Oberstar is a giant in this body. There is no person who chairs
any committee in the time that I have been a Member of the House of
Representatives, which covers a period of 30 years, no chairman with
whom I have served during that period of time has known his subject,
has worked harder, studied harder, and focused us on investing in
building America any more than Jim Oberstar of Minnesota.
Jim Oberstar graduated from college summa cum laude. Jim Oberstar has
been in many places in this world. He taught in Haiti. His family comes
from Slovenia. Jim Oberstar is not only a giant when it comes to how we
make America a stronger country, how we build our country, how we make
sure that we can get goods and services to and from and we can get our
citizens to and from places where they need to be, but Jim Oberstar
also is a giant when it comes to understanding the world in which we
live.
Jim Oberstar has been a continually unwavering voice on behalf of
working people in America. Jim Oberstar, in my view, is the definition
of a Democrat--someone who puts as his highest priority the interest of
men and women in this country, who, as Bill Clinton so famously said,
go to work every day and play by the rules and want us to be on their
side.
I have served with no individual in the Congress of the United States
who has been more on the side of average working men and women who make
this country a great country and who in fact are not average at all but
extraordinary citizens who care for their country, care for their
communities, care for their family, and care for their faith. Jim
Oberstar has represented all of those values for every single day he
has served in the Congress of the United States and for every single
day he served as the chief of staff of his predecessor, John Blatnik.
This is a sad day because we recognize the loss of an extraordinary
asset to America, to this House, to this Congress; and I count it as a
personal loss to lose someone who has been such a close friend, an
extraordinary adviser, a person who has set an example for what every
American wants a Member of Congress to be--honest, committed, and on
their side.
Jim Oberstar, you have blessed this House and blessed this country.
Jim Oberstar, you have much to give in the years to come. Jim Oberstar,
I want you to know that I, for one, will continue to rely on your
advice and counsel as a partner on the side of every American that
makes this country the land we love.
Thank you.
Ms. McCOLLUM. Thank you.
Madam Speaker, I would now like to recognize Tim Walz from
Minnesota's First Congressional District, another member of the
Democratic-Farmer-Labor Party.
Mr. WALZ. Thank you to my colleague from St. Paul and to all my
colleagues from Minnesota.
Coming here today, the honor to speak of Jim Oberstar as a
Minnesotan, no one quite personifies what it means to be Minnesotan as
Jim Oberstar--a man of quiet passion; a work ethic that knows no
limits; a sense of humor in the face of tragedy that can lift others; a
man of compassion; someone who exemplifies the very fiber of how we see
ourselves as people of the prairie, people of the Iron Range, that can
withstand the cold winters and the hot summers.
But something that Jim Oberstar I think taught me more than anything
else, and today, coming to talk about him, it's never about looking
backward; it's always about looking forward. Someone who spent their
life to create a better tomorrow, a champion of the future and a
champion of progress.
No one in this Congress has had a more profound impact on me as a
high school social studies and history teacher than Jim Oberstar,
someone who understands the importance of history for what it means.
It's not just a theoretical exercise to see the past. It's about
understanding how to take those lessons, how to take the words that
work and didn't work, and to move forward to make a better tomorrow.
There's nothing we did in this Congress that dealt with Jim Oberstar
that didn't have an understanding of that; that didn't connect what
happened in the past to what could be in the future. And I think of
just the things across Minnesota, the so many things that he touched,
but one that was just so profound of an impact on me is decades ago,
when the growing city of Rochester and the Mayo Clinic, the heart of
one of our biggest industries in Minnesota was growing, someone that
had the foresight to invest in flood mitigation that would have surely
drowned out the Mayo Clinic probably three times in the last 13 years
alone, with the rains that we have seen; someone who understood that
those infrastructure projects allowed the growth of that community and
the growth of that industry and the growth of that knowledge and the
human spirit to prosper in that community on the prairie because we had
the foresight to invest where we needed to.
So to see someone around here who, as the majority leader so
eloquently put, is a legend amongst all of us here--a chairman; a
mentor; to me, a friend--the dignity and passion with which Chairman
Oberstar conducts

[[Page 19798]]

himself, has shaped how I would like to conduct myself. Anyone who
serves the people of Minnesota and serves this Nation, if they want to
see a role model for how this job should be done, they need to look no
further than Jim Oberstar.
He gets remembered a lot, I notice, for transportation issues; but I
would have to say the transportation issues were a means to an end. The
end was always working for working families; making life better for
those people; a man who understood hard work, who came from a family
that worked in the mines, that understood what needed to be done to get
a day's work but understands how those jobs could sap life out of
people, who could take life, they could be unsafe; someone who spent a
lifetime making sure that a worker could go with dignity, earn a day's
wage, but not be subject to toxic chemicals, not be subject to unsafe
working conditions, and have the opportunity to earn a living wage and
to have some health insurance and maybe a retirement for them when they
got done with those years of hard work.

{time} 2050

That type of work ethic and that type of focus is something, as I
said again, that has profoundly impacted me. I think all of us saw here
what a lifetime of experiences and a lifetime of work in this Congress
came to on that day in August 2007, on the day of the tragedy of the I-
35 bridge falling down. I think, for many Minnesotans--myself
included--to see that rock of someone who knew this issue better than
anyone in this country stand firmly and say, We will not allow this to
happen again. We will rebuild this bridge. It will be better than it
was. Commerce and safety and infrastructure will move forward--that was
a moment that will always stick with me.
Going back to understanding the history, I saw some of the
transcripts--I believe they were from 1987--that Jim Oberstar took in a
hearing. He was talking about substandard bridges and predicting that
some day we would see one of these bridges fall, causing a great loss
of life. That's what a true leader does--predicts the future and sees
what needs to be done to avert those things.
So, as Steny Hoyer said, this House will sorely miss Jim Oberstar.
This country has lost an incredible leader in this House, but it has
not lost that leader completely. That voice will continue on. It shapes
each and every one of us.
That passion, that insight that you brought to the table, Jim
Oberstar, will live on in anyone who serves here. For that, I thank
you.
I yield back.
Ms. McCOLLUM. I thank the gentleman from Minnesota.
I would now like to recognize the gentlewoman from Texas, Eddie
Bernice Johnson.
Ms. EDDIE BERNICE JOHNSON of Texas. Thank you very much, Madam
Speaker, and let me thank the gentlewoman from Minnesota for organizing
this.
I rise this evening to honor a longtime Member and the current
chairman of the House Transportation and Infrastructure Committee, Mr.
James Oberstar, the distinguished gentleman from Minnesota.
It has been my pleasure to serve on the Transportation and
Infrastructure Committee for 18 years with Mr. Oberstar. We have had
some really good moments. As a matter of fact, as I was listening about
the bridge, we were right here on this floor the night that the bridge
collapsed. We were talking then about an aviation issue.
The other thing is, being from Texas, I only speak one language--
that's Texas English--and sometimes people don't understand it here.
Mr. Oberstar speaks many languages, and I was always very pleased when
he was there to help me pronounce some of those names that came before
our committee. To those of us who serve on the Transportation Committee
and to many others in this Chamber, Chairman Oberstar has been an
historian, our friend, our expert, our champion, and our admired
leader. To think of the Transportation Committee--and certainly our
House--without our beloved colleague leaves a vast hole among our ranks
and in our hearts.
During his tenure on the committee as a staffer, later as a member,
and then as chairman, Mr. Oberstar has played a key role in every major
piece of transportation legislation that is law today, and no one would
even try to dispute that he is widely held as a foremost transportation
expert among us. His dedication cannot be matched regardless of the
issue, whether it's transit, highways, aviation, water, infrastructure,
Coast Guard, railways, maritime, and so much more. He has steadfastly
worked to achieve the best results for the American people.
I will dearly miss my colleague, my friend, my chairman, but I also
expect that none of us will shy away from seeking his advice in the
months and years to come. During his tenure, we really have come to
respect him as the expert, and we will regretfully miss him so much.
Ms. McCOLLUM. I thank the gentlelady.
I would now like to recognize the delegate from Washington, D.C., Ms.
Eleanor Holmes Norton.
Ms. NORTON. I thank the gentlelady from Minnesota for yielding.
I come to the floor this evening because a colleague of iconic
reputation is about to leave this House.
Now, Jim Oberstar will do very well. I wish I could say the same for
those of us he leaves behind. Jim carries with him much more than the
institutional memory of the Transportation and Infrastructure
Committee. Sure, Jim has a legendary encyclopedic memory that he lends
to the committee members every so often, but you cannot describe Jim's
work with particular pieces of infrastructure that you may see here and
there. You just can't do it. Jim's work is so long, so deep, and so
influential that it will be almost impossible for it to ever be
repeated in this House, for Jim has spent his entire career--and by
that, we mean not only his career as a Member but as a staff member
most influential with Members--with the T&I Committee or with Public
Works or whatever you want to call it. We call it ``Jim's committee.''
Members often expect staff to specialize in the facts and to know
more than they know. Nobody expects a committee chair to know more than
the staff and the subcommittees put together. No. We sat in committee
in wonder that one man could know and remember and integrate so much
into the ongoing discussion. The effect on members of the T&I Committee
was to make us feel we just had to work harder, not to meet Jim's
standard--we're not crazy--but to at least know what the highest
standard looked like.
You might wonder why this Francophone, who majored in French and
political science, became the most influential expert on Transportation
and Infrastructure in the United States of America. I believe it has
little to do with Jim's brilliant intellect. After all, Jim would have
been an intellectual leader on any committee on which he chose to
serve. I believe it has to do with his own roots that may have guided
him to this committee--Jim, whose immigrant grandfather was a
steelworker and whose father was an ironworker in the open iron pits of
Minnesota. That Jim--that Jim--got to know, as few of us do, the plight
of the American worker, his relationship to hard work and to building
America, itself. So, you see, it's quite simple. It's in Jim's DNA.
Jim brought an unrelenting dedication to hard work, the same
dedication to hard work that his father put in in the iron mines, to
the Congress of the United States. He is the only chairman I know who
regularly attended subcommittee meetings and then proceeded to join in
the discussions at any point they were going on and with what only he
could have possibly added to the discussion--and brilliantly so.
Now, some of us are trying to name the new transportation
headquarters here in my district, in the District of Columbia, for Jim
Oberstar. I can't imagine that that wouldn't happen. Yet I know Jim
Oberstar, and I have a feeling that that's not what he really wants his
legacy to be. I think Jim wants his legacy to be the transformational
Transportation bill he fought mightily to bring to this floor

[[Page 19799]]

and that he brilliantly crafted for the 21st century.

{time} 2100

Well, Jim, it may not have been in your time, but it must happen in
ours. So this evening, Jim, I pledge to you to do all that I can to see
to it that your prodigious work on that final brilliant transportation
authorization bill shall not have been in vain.
Farewell, friend. Have pity on us. Please, don't go far.
Ms. McCOLLUM. I thank the gentlewoman.
I would now like to recognize the gentleman from Illinois (Mr.
Lipinski).
Mr. LIPINSKI. I'd like to thank the gentlelady from Minnesota (Ms.
McCollum) for organizing tonight's Special Order.
I said 4 years ago, no one in the history of Congress became chairman
of a committee who was better prepared than Jim Oberstar. From the time
he started here working in 1963 for John Blatnik, through all these
years, it was not just Jim's experience and expertise that made him
such a great chairman and great Member, but also his work ethic, his
willingness to reach out across the aisle, and ability to get the job
done.
Jim Oberstar always had a thoughtful and thorough approach to policy-
making. There is a simple reason why he was known as Mr.
Transportation. It's because from aviation, to highways and transit, to
maritime transportation, to water infrastructure and public buildings,
and of course, to cycling, he has truly shaped the way we think about
transportation and infrastructure.
During my four years of service on the House T&I Committee, I can
honestly say not a day went by in that committee room where I did not
learn something from Jim Oberstar, and I would have learned more if
only I knew more than a dozen French words--although I do know Tour de
France, and Jim taught me a few things about cycling, both on and off
the bike, and those who know Jim know he truly is a Renaissance man.
Now, at the same time we talk about everything that's happened here
in Washington, Jim knew, he knows that you have to be hands on. You
can't learn everything by sitting in a committee room. You have to go
out, roll up your sleeves, get your hands dirty, and that's exactly
what he did.
As Chicagoland's only member of the Transportation and Infrastructure
Committee, I had what I think was about my yearly visit from Jim
Oberstar. I was very happy to welcome him to ride the rails and trails
and, together, see firsthand the challenges facing the region in
transportation. He always listened carefully, often time taking notes
while providing valuable perspective and insights that come from his
decades of experience.
But Jim didn't only visit Democratic districts. To quote the
chairman, I've never seen a Democratic road or a Republican bridge.
Working together we can build all-American roads and all-American
bridges. If Washington had only listened to and followed the leadership
more of Jim Oberstar, our country would be much better off today.
Madam Speaker, I want to thank Chairman Oberstar, Jim, for his
service, for his teaching, and for his friendship. And I know that
although he's leaving Congress, his days as Mr. Transportation are far
from over.
Ms. McCOLLUM. I thank the gentleman.
I would now like to recognize the gentlewoman from California (Mrs.
Richardson).
Ms. RICHARDSON. Madam Speaker, from wings to wheels, propellers to
pedals, there is no mode of transportation that Chairman Oberstar has
not passionately worked to improve. I am honored to have witnessed
personally a Congressman whose efforts have employed millions of
American people and enhanced the safety of millions more who every day
utilize a transportation system which he tirelessly labored to make
cleaner, stronger, and more secure.
Chairman Oberstar, your efforts on behalf of our weakening
infrastructure is legendary, but what is not was your role in helping
to prevent an even worse recession. Why? Because it was you who fought
even with the President to be able to invest more of our dollars into
infrastructure, which proved to be exactly right and the best money
that was spent with our Recovery Act.
Mr. Chairman, you have a view that reflects a full spectrum of a
vision, one that you've devoted your own personal and professional life
to. One of your legacies, Mr. Chairman, is your knowledge, your vision,
that you've held even Inspector General witnesses, Secretaries of
Transportation all accountable, something that I've enjoyed watching
firsthand.
It saddens me deeply to know that coming in January our
transportation guru and a mentor of mine will no longer be chairing the
Transportation Committee. We have so much more to accomplish, and this
will be very difficult without your presence, knowledge, and
leadership. I vow to take all that you have taught me and to encourage
others to build upon that vision of making America's transportation
system the golden standard it used to be. However, I am hopeful that
you, Chairman Oberstar, will continue your public service. Why? Because
we need you. We all need you.
As I close, I want to speak to the public, to the Speaker, and for
the public record. I'd like to thank Jim Oberstar, my mentor. He taught
me that even everyone can have a second chance at a date if you work
hard enough at it, and that you can find the right person with that
hard work. He also taught me that in my first days in Congress his kind
heart was always open to help me. I admire the commitment and
capability of his very loyal staff. We would all be blessed to have
that kind of staff.
I respect his love for this House, and even though through his
surgery and pain he stood and walked to make others lives better, but
most of all, he often would spend time recollecting about all of his
years on the committee, and I enjoyed him talking about when he was a
freshman and sat in that last seat in the front row like I had. I value
how much he listened and respected our young ideas and was not enslaved
to seniority.
Mr. Oberstar, your approach to civility and bipartisanship has been
remarkable, but my greatest sadness will be in missing your steadying
and influential hand in all the work that you do.
And as I close, I'm going to say something daring that most young
Members of Congress don't do, and that's I'm going to actually say, Mr.
Chairman, I think you misspoke earlier when you said that you had done
your best. I disagree. You've been a great man and you have done great
work. Thank you.
Ms. McCOLLUM. I thank the gentlelady.
I'd now like to recognize the Representative of Hawaii, Ms. Hirono.
Ms. HIRONO. Thank you.
Madam Speaker, I rise to add my voice to those who are here to give
thanks to our chairman, Jim Oberstar, for his extraordinary service to
our Nation as a Member of the U.S. House of Representatives. I
certainly count myself fortunate because as a new Member of Congress
and a fledgling member of the Transportation and Infrastructure
Committee, I have the example of Jim Oberstar as my chairman.
I remember the first time I ever met Jim Oberstar. I was just taken
with the breadth of his knowledge, his commitment, and he said to me
that this committee, which is the largest in the House, is also one of
the most bipartisan committees because everybody needs bridges, harbor,
roads, airports. Very true.
I don't expect that I will ever be as knowledgeable or articulate on
any subject as he is on all aspects of transportation policy, but it's
good to aim high. Of course, at this point, it would be pretty much
impossible for me to match his 47 years on the committee first as a
clerk, next as an administrator, then as a Member, and finally, as an
outstanding chairman.
Chairman Oberstar has been the clearest, strongest, and most vigorous
advocate for restoring America's transportation and infrastructure
system. He is recognized and admired in my

[[Page 19800]]

State of Hawaii, one of the few chairmen--I hope that will change over
time--who has come to the State of Hawaii to see for himself firsthand
the challenges we face. But we admire him. We love him in Hawaii for
his support of our first and only rail transit systems and for his
understanding of the importance of keeping our vital infrastructure
strong.

{time} 2110

I recently met with the president and CEO of Hawaii's largest
airline. And he reiterated what I hear from many business people in my
State; that is, if there is one thing that government can do to help
our economy, it is to help repair and improve and maintain our
infrastructure. Mr. Chairman, you have been right on the money.
What will I remember most about Jim? I will remember his heartfelt
stories about his father, a union mineworker. I'll remember our white-
knuckled flight over the Honolulu rail route in a helicopter without
doors. I'll remember how generous he's been with his time and guidance,
from taking time out of his personal time in Hawaii to review
infrastructure needs on Maui to joining me in a live video feed with
infrastructure stakeholders in Hawaii. And I remember the flight we
took over Maui. And we flew, Jim and his wife, Jean, his partner in
life, over the open ocean from Lanai to Maui, and we looked down, and
we saw the whales, and it was really something. And Jim, who knows
everything about infrastructure, looked down on Maui Island and said,
My gosh, you really are vulnerable to things like earthquakes because
you are islands, and you just can't drive from one island to another.
And that is why it is so important that Jim came to my State to see for
himself, not just to intellectually realize, we are an island State and
that I represent seven inhabited islands that I can only get to by air.
I will remember his intense interest in everything witnesses had to
say during our T&I hearings. I will remember Chairman Oberstar, and I
will certainly miss him. I strongly suspect that all the people of
Minnesota, not just those of the 8th Congressional District, will miss
him as well.
My very best to you, Jim, and to your wonderful wife Jean. Mahalo lui
noa. Aloha.
Ms. McCOLLUM. I thank the gentlewoman from Hawaii.
I would now like to recognize the gentleman from Pennsylvania (Mr.
Altmire).
Mr. ALTMIRE. I thank the gentlewoman.
Madam Speaker, I was listening to the debate earlier this evening,
and I heard the chairman say that he hopes that he has left this
institution, the U.S. House of Representatives, better than it was when
he first got here 47 years ago, first as a staffer, then as a Member,
then as chairman. And I thought to myself, My goodness, you, Mr.
Chairman, have certainly left this place better. But, Madam Speaker,
the chairman has left the country much better than had it not been for
the work that he has put forward in transportation, which is unmatched
by any 10 people that have ever served in this institution. I can't
think of anyone in recent history who has made more of a difference in
their area of expertise and in their subject matter than Chairman
Oberstar.
As a second-term Member of Congress, when you are first elected,
Madam Speaker, as we all know, you think about what committee do you
want to serve on, what Members do you want to associate yourself with.
And I chose immediately Transportation because I wanted to learn from
the best, and there was no one better than Chairman Oberstar to talk
about all of the subjects that fall under transportation. Certainly our
waterways, our infrastructure, roads and bridges, aviation, rail,
nobody in this House, and nobody in the country, I would suggest, has a
better grasp of any of those issues than Chairman Oberstar.
And like many who have spoken before me this evening, I had the
opportunity, thankfully, to bring Mr. Oberstar into the district in
western Pennsylvania that I represent to meet with transportation
leaders. And I remember vividly a group meeting that we had with some
of the brightest minds in transportation in western Pennsylvania. And
the chairman was throwing out facts and figures, names and dates, and
places and people. And when I left and returned to my office after the
meeting, I thought to myself, I'm going to look some of this stuff up.
That can't possibly all be accurate. He couldn't have made that up off
the top of his head. And lo and behold, I looked it up, and everything
he said was true, down to the specific dates, down to the middle names
of people that he was referring to, down to the long names of
legislation that we come to know when you add sponsors and cosponsors.
He knew them all. It was an unbelievable breadth of knowledge, and
we've all experienced it in dealing with Mr. Oberstar.
But I know not only where I started these remarks from, is the
country a better place for Mr. Oberstar having served here? Certainly
this House is better. But I know that I am better for having served
with Mr. Oberstar. So I know you're not going away, Mr. Chairman. I
know, Madam Speaker, that the chairman is going to continue to be
actively engaged in transportation issues in the country. I, for one,
look forward to continuing to work with him, soliciting his advice and
expertise. And most importantly, Mr. Chairman, I wish you well.
Ms. McCOLLUM. I thank the gentleman. I now would like to recognize
the Representative from Maryland (Mr. Cummings).
Mr. CUMMINGS. I thank the gentlelady for yielding.
I too come here tonight to honor my good friend Chairman Oberstar,
and I honor him for all that he is and all that he's not. Chairman
Oberstar is definitely a pursuer of excellence. Everything he does, he
does it to the highest level, and he realizes how important excellence
is. I have talked to his staff. I've worked with him, and his staff
tells me that if a comma is out of place, they've got a problem. And
that's so very significant because one of the things that he talks
often about is how we have moved in our country in so many ways to
cultures of mediocrity, and we have to get away from that. And so he is
a pursuer of excellence.
But he also is a builder. He's not only a builder of bridges and
roads, but he is a builder of people. And I am one who has benefited
from his handiwork. I will never forget when he and I were working on
several projects and I, as chairman of the Coast Guard Subcommittee, he
constantly showed me the way to be a stronger and a better chairman. He
always had high expectations of me. And because of my respect for him,
I wanted to be better, and I became better. And I know that I will go
to my grave being thankful for the way he has touched my life.
Finally, he is a visionary. He doesn't worry so much about the next
election. He worried more about the next generation. He understood that
the bridges still had to stand when he is long gone. He understood that
there would be roads that would be built for children who have not yet
been born. And he acted every day to make sure that that happened, and
that they were done in an excellent way.
So I have come to honor my good friend. I thank God so very, very
much for allowing my life to eclipse with his. Little did I know that a
young man and the son of former sharecroppers would meet a man from
Minnesota who bikes all the time and that our lives would come together
and mesh together and mine would become better. So I thank God for his
life, but more important, I thank God for his journey.
Ms. McCOLLUM. I thank the gentleman.
I would now like to recognize the gentleman from Louisiana (Mr. Cao).
Mr. CAO. Madam Speaker, I rise today to honor the gentleman and
legislator from Minnesota's 8th Congressional District, Jim Oberstar. I
have had the immense pleasure of getting to know Chairman Oberstar and
have had the pleasure of working with him on important issues, ranging
from high-speed rail to FEMA reform. I have enjoyed private
conversations with him

[[Page 19801]]

that have educated me, inspired me, and reminded me of the true meaning
of public service. Chairman Oberstar will be remembered by all with
whom he served in this Chamber as someone who loved this Nation and
loved public service.

{time} 2650

His service will be remembered by its selflessness and true
intentions.
As the distinguished chairman of the House Transportation and
Infrastructure Committee, his goal was to keep America safe and moving
forward. I recall fondly the hours he and I spent discussing proposals
to reform the Army Corps of Engineers and the Federal Emergency
Management Agency. The legislation on which we collaborated always had
the goal of bettering those two institutions and assisting my district
of New Orleans, a love of which we shared.
His transportation policies and initiatives embodied the very meaning
of change. He had the creativity to see challenges this Nation will
face and to put forward recommendations for how to address them. They
will live on within this body as testament to his vision.
I will miss our conversations in committee and on the floor. I could
always count on the chairman as the voice of reason and friendship. As
he and I leave this great Hall at the end of this session, it is my
honor to commend him for his accomplishments and to wish him well.
Ms. McCOLLUM. Well, we've heard many, many wonderful things about Jim
Oberstar, and we have many, many people present today who love and
who've worked with him. And we are here as a delegation, strong and
proud members of Minnesota's Farmer Democratic Labor Party; and that
comes as no surprise that Jim fought hard for working people.
As has been pointed out, he comes from the Iron Range. He worked in
an iron mine in his youth, and his father was an iron miner and a union
official. He fought to include Davis-Bacon prevailing wage provisions
in Federal infrastructure.
But he also had a unique side to him that many people were always
taken by surprise. This iron ranger spoke French, and that's because he
taught French to U.S. Marines for 4 years in Haiti, and he taught
English to Haitian military personnel, another way in which Jim
Oberstar served our country.
Jim, when I first came here as a Member of Congress, as people have
been speaking personally, I came here under bittersweet circumstances.
My mentor, my Member of Congress, had passed.
When I came here the office had been closed for several weeks. There
was no sharing of supplies. There was no one to turn to. I had two big
brothers in the delegation who welcomed the first Member in over 50
years to serve here; and so I not only thank you, as a Member of
Congress for all the work that you've done, but I thank you for
extending all the courtesies you did to me when I first arrived here to
make sure that my constituents were well served. But also all the
support you've been to me during my personal tragedies. Thank you, Jim.
Jim's unique expertise should be shared with the next generation of
public servants. So we're very happy that the Star Tribune reported
last week that the University of Minnesota Hubert Humphrey Institute of
Public Affairs is talking to Chairman Oberstar about become a guest
lecturer or a seminar leader. I think that would be a terrific thing to
have happen.
And I hope to see a book written by Chairman Oberstar in the
bookstore across the aisle from my congressional office in St. Paul,
but I've got a feeling it'll probably be more than one volume.
So Chairman Oberstar, unless you would like to have the last word, we
want to thank you for the last time so much for your service.
Mr. KLINE of Minnesota. Madam Speaker, I join my colleagues who today
recognize a faithful public servant and proud Minnesotan, Congressman
Jim Oberstar.
Jim has dedicated his career to the people of Minnesota's 8th
Congressional district--serving as their Representative since 1974 and
as a staff member to his predecessor, former Representative John
Blatnik, for more than a decade.
During his tenure in Congress, Jim was a passionate and unapologetic
advocate for the causes he believed in. He rose to prominence as
Chairman of the Transportation Committee, where he worked to ensure the
safety and security of our nation's transportation infrastructure.
While we found ourselves on opposite ends of most political
arguments, I respect Congressman Oberstar's accomplishments and the
legacy he leaves behind in this House and the great state of Minnesota.
I wish him well in his future endeavors.
Mr. RAHALL. Madam Speaker, Appalachia and Minnesota are losing a
favorite son in the United States Congress when Jim Oberstar, my
Chairman and my longtime dear colleague and friend, leaves early next
year.
In southern West Virginia, we knew the importance of the agency he
brought to life, the Economic Development Administration, and those
that he fought to protect, side by side with me, like the Appalachian
Regional Commission. Shepherding through the 2007 Water Resources
Development Act, after a woeful seven-year delay, and overriding a
presidential veto to get our water infrastructure projects back on
track, was among his great recent accomplishments--again bringing
essential assistance to West Virginia.
In the nineteenth century, we are told, it took a number of decades
for our knowledge base to double in size. Now some estimates suggest
our digital information doubles every day. While Jim is still a young
man, it really doesn't matter in which century you worked with him, he
knows his stuff, and almost all of yours.
That's the sheer force of intellect and determination that have led
our Committee and our Nation to an unparalleled influence in the
transportation world. His absence in crafting the next surface
transportation bill will be missed, but his imprimatur will neither
fade nor disappear. Quite the contrary, his lessons and sizable legend
will guide us toward sound responsible investment for broader horizons.
Just as his contributions to transportation policy over the years
live on in every aspect he touched through both his Chairmanship of the
Aviation Subcommittee from 1989 to 1995 and as a powerful ranking
member of the full Committee after that.
He also led one of the most successful parts of the Recovery package.
His stewardship of the $64.1 billion for transportation and
infrastructure investment in the Recovery Act got America moving again
and got projects underway, with unprecedented accountability measures.
Timely, transparent reporting, in plain black and white, clearly shows
the tremendous impact of transportation spending and how it can be done
in a short fashion. Hundreds of thousands of people are working today
because of Jim Oberstar's leadership.
Even though Jim's career as a Congressional staffer under the
tutelage of his mentor, John Blotnick, followed by his brilliant
Congressional service, could fill far more than one person's career,
Jim Oberstar has many more chapters to write in his life and all of us
who know him, know that he will. His zest for living fully is only
outweighed by his spirit to serve others. There is no question that
Jim, my friend, as the poet wrote, is still ``strong of will, to
strive, to seek, to find and not to yield.'' Godspeed, Mr. Chairman.
Mr. COSTELLO. Madam Speaker, I rise to commemorate the congressional
career of our colleague, Transportation and Infrastructure Committee
Chairman Jim Oberstar. It is hard to imagine the Congress and the
Transportation and Infrastructure Committee without him.
Jim began his legislative service as a clerk on the Subcommittee on
Rivers and Harbors for his hometown congressman, John Blatnik. Ten
years later, he succeeded his boss and won election to Congress,
representing the Iron Range region of Minnesota, where he was born and
raised. Over the ensuing 36 years, he has distinguished himself as an
undaunted leader of our Caucus and the Transportation and
Infrastructure Committee, working in a bipartisan way with great
results even when partisanship gripped Congress as a whole. He is the
foremost expert in the field, and his vision for how a reliable,
efficient transportation network is critical for our national economy
is reflected in every major piece of transportation law over the last
40 years. Moreover, he is a personal friend and has been a teacher and
mentor for countless members and staffers, including myself.
Above all else, Jim Oberstar is a true public servant, representing
his constituents and the Nation with great dedication, skill and
selflessness. I know our appreciation of his efforts will only grow
over time, and I also know that

[[Page 19802]]

while it will be in a different capacity, he will continue to work to
meet the transportation needs of our country. While I look forward to
continuing our work together, it is with great respect and appreciation
that we honor Jim's work in Congress. It is truly the end of an era.
Mr. SHUSTER. Madam Speaker, it is my pleasure to recognize the career
of an icon of the House of Representatives: Jim Oberstar. Jim's decades
of leadership and tireless service to this House and especially the
Transportation and Infrastructure Committee deserve recognition and I
am proud to be able to add my own words to tonight's tribute.
I have known Jim Oberstar for a long time. In fact, I've known him
longer than I've served in Congress. I first met Jim when my father,
Bud Shuster, served on and later chaired the Transportation and
Infrastructure Committee. My father still considers Jim one of his
dearest friends and holds the highest regard for his work on the
Transportation and Infrastructure Committee.
Bud likes to say that he and Jim were ``joined at the hip'' on
transportation and infrastructure initiatives and it's easy to see why.
Like my father, Chairman Oberstar lives and breathes transportation
policy. I can easily say that no one in the House of Representatives
today knows more about those issues and their history than Jim
Oberstar.
It has been an honor to have served with Chairman Oberstar on the
Transportation and Infrastructure Committee. Together, we tackled
critical issues that run at the core of America's strength and
prosperity. The roads, railways and jetways of our nation are the
arteries through which the commerce of our nation flows. Under his
leadership, Chairman Oberstar worked tirelessly to ensure that this
fact isn't forgotten by policy makers in Washington.
While much was accomplished over his years of service, much more
needs to be done to realize America's transportation potential and the
work of the committee will continue in the next Congress. It will do so
with Jim's indelible mark to help guide us moving forward.
In conclusion Madam Speaker, I congratulate Chairman Oberstar on his
historic service in the House, both on staff as the administrator of
the Committee on Public Works and as a member and later Chairman of the
House Transportation and Infrastructure Committee. We are losing a
giant in the world of transportation policy and his presence on the
committee and this House will be missed.
Mr. GARY G. MILLER of California. Madam Speaker, tonight, I rise to
honor my good friend from Minnesota, Chairman Jim Oberstar. Over the
years we have developed a strong friendship as we have worked together
on the Transportation and Infrastructure Committee. Chairman Oberstar
leaves the House of Representatives as a legend in his own right. He
has helped create decades of transportation policy which not only
leaves behind a legacy here in the Capitol, but also around the Nation.
Chairman Oberstar is a great man that will continue to influence
transportation policy in the future through his knowledge of the past.
His presence on the Committee will truly be missed, but his influence
will continue on through the decades.
Over the years, Chairman Oberstar has demonstrated his pragmatic
approach to policy. He has always been willing to listen to both sides
of an argument before carefully proceeding forward with a position. I,
along with others, always knew where Chairman Oberstar stood on an
issue and he was always willing to take the time to respectfully
explain the reasoning behind his position. I have always admired his
ability to find common ground and subsequently move forward in the name
of sound policy.
While I will miss my good friend from Minnesota, he will continue to
be a leader in the world of transportation and water policy. My friend,
I wish you the best as you embark on this next adventure in your life.
Mr. SIRES. Madam Speaker, I rise today to honor Chairman Jim
Oberstar. A man who has devoted his entire life to public service and
has been the longest-serving representative in Minnesota history, he
will be sorely missed. Chairman Oberstar is known to all as a leading
expert on aviation and transportation issues. In addition to having
unparalleled knowledge on transportation issues, he is also known to be
gracious, sincere, and jovial. Particularly to those who sit with me on
the House Transportation and Infrastructure Committee, Chairman
Oberstar is also known as a friend.
Shortly after I joined the House Transportation & Infrastructure
Committee, I was honored to have the Chairman visit my district in New
Jersey. Together, we went to the Bayonne Bridge and rode the Hudson
Bergen Light Rail. I was honored that the Chairman took time out of his
busy schedule to visit my district and my constituents. I quickly
learned that Chairman Oberstar is always looking to solve the
transportation problems that Americans face. He has graciously visited
the districts of many of my colleagues, and I am sure that he has had
many stimulating conversations with them about how we can make our
transportation systems work better for our constituents.
Chairman Oberstar's background tells much about the person he is
today. His father was a coal miner, his mother worked in a shirt
factory, and during high school and college he worked in the open pit
mines to pay for his education. His family instilled in him a strong
sense of public service and 47 years ago, the Chairman began working
for his hometown Representative. In 1974, he was elected to Congress
and took the place of his former boss. He is the first member of
Congress to serve as clerk and chairman to the Committee on
Transportation and Infrastructure.
Serving terms in both the minority and majority, Chairman Oberstar
has always worked in a bi-partisan fashion to successfully implement
transportation policy. As Chairman, he pledged to enhance safety and
security, invest in infrastructure, and address the twin challenges and
global climate change. The Chairman accomplished these goals not only
through passage of legislation, but also by exercising oversight with
numerous hearings. His work in transportation policy has affected many
Americans throughout the Nation. While the last transportation hearing
on December 2nd may have been the last time for the Chairman to yield
the gavel, I have no doubt that we will all continue to hear of his
contributions to Minnesotans and all Americans.
Madam Speaker, I stand here today to applaud Chairman Oberstar and
wish him continued success.
Mr. PETRI. Madam Speaker, at the end of this Congress, we will say
farewell to Congressman Jim Oberstar, who has represented Minnesota's
8th District since 1975. But his Congressional career started long
before that in 1963 when he was appointed as a staff member on the
then-Public Works Committee by Representative John Blatnick (who
preceded Congressman Oberstar as the representative from Chisholm, MN,
and later was Chairman of the Public Works Committee). Forty-four years
later, Jim Oberstar would rise to become Chairman of that same
committee, now known as the Transportation and Infrastructure
Committee.
Having served with Chairman Oberstar during my entire tenure on the
Transportation Committee, I want to acknowledge his expertise, his
valuable service and the many contributions he has made over many
decades. No one knows more about the history of our nation's
infrastructure and the critical role it has played in our development
as a nation. He is an expert on the history of the Committee and has
had a front row seat to the many dramas that have played out over the
years as the Committee has worked to pass good, bipartisan bills to
move our country forward in building needed highways and transit,
airports, developing our ports, protecting our environment--including
our shared interest in the Great Lakes--and improving safety amongst
all the transportation modes.
To appreciate the character of Jim Oberstar, one needs to look at his
background growing up on the Iron Range in the small town of Chisholm.
His father was an iron miner and Chairman Oberstar himself worked in
the open pit mines to pay for his education. Many a time at Committee
meetings we would hear stories of the lessons he learned from that
experience and how it was a driving force behind his devotion to
improving worker safety. As I stated on the Floor a few weeks ago, the
people of the Iron Range are going to lose a great and dedicated
champion with deep roots in the history of that mining region of the
country.
Another essential part of Jim Oberstar is his ear for languages. He
majored in French at the College of St. Thomas in Minnesota and
furthered his proficiency in the language during time spent in Belgium
and Haiti. While at a function at the Residence of the French
Ambassador, where Mr. Oberstar was able to communicate with our hosts
in their native language, a Frenchman in attendance informed me that
his accent was very good. Something that would make Mr. Oberstar very
proud, I am sure.
Let me close by recognizing the other essential element in Mr.
Oberstar's life--his family. He married his wife Jo and raised four
children before her death in 1991. For the last 17 years, he has had
Jean by his side. My wife and I have been honored to consider them
friends. He also has strong Wisconsin connections, with his daughters
graduating from Marquette University in Milwaukee and his oldest
daughter now raising her family in Kenosha. We expect to be welcoming
Jim and Jean to Wisconsin often as they come to visit the family.

[[Page 19803]]

So, it is the end of an era on the Transportation and Infrastructure
Committee. I want to express my admiration and thanks for Jim
Oberstar's service to the Committee and to the House. Most importantly,
I appreciate his friendship and the many experiences we have shared
over the years. I wish him and Jean all the best as they begin this new
phase of their lives.
Mr. DeFAZIO. Madam Speaker, I rise today to honor a man who has
served the House of Representatives and the nation for nearly fifty
years, and who has been a tenacious protector of our transportation
infrastructure, Chairman James L. Oberstar.
Jim Oberstar has skillfully served the residents of Minnesota's 8th
Congressional District for thirty-six years, and served the U.S. House
of Representatives for twelve years before that as staff to former
Congressman John Blatnik and the House Committee on Public Works. He
has served with thirteen Secretaries of Transportation, seven
presidents, and thousands of Members of Congress. For nearly fifty
years this institution has been fortunate to have a public servant like
Jim Oberstar as a staffer and Member, and while he has left his mark in
countless ways, the United States Congress is losing a titan.
No one knows the meaning of public service more than Jim Oberstar and
I can think of no one who has more knowledge of and passion for
transportation policy. Jim is steeped not only in the history of this
legislative body, but in the intricacies and inner workings of every
transportation program created in the past sixty years. He is a member
of the old guard who is able to put aside political differences to work
out a compromise for the greater good. He leaves behind an impressive
legacy of important legislation, from laws to ensure the better
maintenance and safety of aircraft to bipartisan legislation to ensure
gas tax revenues are used only to fix roads and bridges, not to make
the budget deficit look smaller.
When I came to Congress twenty-four years ago, I was very pleased to
be assigned to what is now called the Committee on Transportation and
Infrastructure. I knew the ability to impact our nation's
transportation policy could pay dividends by helping American
businesses compete in a global economy. It was there I first met Jim,
by then a twelve year veteran of the Committee, who helped me learn the
ropes of the Committee and imparted on me his passion for
transportation policy. He has always been a champion for infrastructure
investment and for the little guy. Jim has been a tremendous mentor to
me and I only regret we weren't able to complete our surface
transportation authorization bill this year.
Jim's legacy in Congress will live on as we continue to work to
strengthen our economy by ensuring the U.S. has a safe and world-class
transportation system. No other Committee in Congress has had such a
significant impact on keeping Americans safe and our economy moving,
and there has been no better champion for transportation than Jim
Oberstar. I will miss my good friend.
Mr. MICHAUD. Madam Speaker, I rise today to recognize Chairman James
Oberstar for his significant contributions and strong leadership during
his time in Congress.
Representing Minnesota's 8th Congressional District since 1975, James
Oberstar has demonstrated an exceptional commitment to improving the
lives of American citizens and a steadfast dedication to advancing the
infrastructure of this country. An expert in aviation and aviation
safety, Chairman Oberstar has been at the forefront of every major
piece of federal transportation legislation that has come before this
body in recent years.
As the Chairman of the Transportation and Infrastructure Committee,
he has facilitated an open discourse on even the most contentious
issues, producing genuine compromise and bipartisan legislation that
ensures individuals throughout the country have access to the services
they depend on to pursue their livelihoods and move forward. He has
been an unwavering proponent of robust investment in our nation's
transportation infrastructure.
As I worked to pass legislation creating the Northern Border Regional
Commission, a regional economic development commission in the
northeast, Chairman Oberstar's guidance and support was instrumental.
The investments made by the Commission have honored Chairman Oberstar's
belief that an economy cannot grow without investments in our roads,
bridges, railroads and ports, and they will continue to support this
view long after he has left the United States Congress.
In his more than 36 years as a member of Congress, Chairman Oberstar
has displayed an unrivaled understanding of transportation issues. He
has been a great colleague, chairman and friend. I am certain that he
will be sorely missed.
Madam Speaker, please join me in thanking Chairman James Oberstar for
his outstanding commitment to this country and Minnesota's 8th
Congressional District.
Ms. MARKEY of Colorado. Madam Speaker, I rise today to add my voice
to those of my colleagues from both sides of the aisle to honor
Congressman Jim Oberstar. I was privileged to serve with Chairman
Oberstar on the Committee on Transportation and Infrastructure as a
freshman member from Colorado. There is no other person in this
country, and perhaps in the world, who is more knowledgeable and well
known on transportation, transit and aviation issues as Chairman
Oberstar. Committee hearings were always settled in a deep appreciation
of history. There was no better session in which to serve in Congress
than under the Chairmanship of Mr. Oberstar.
I was proud to welcome Chairman Oberstar to Fort Collins, Colorado,
for a field hearing on distracted driving. For the Chairman, safety of
the travelling public was foremost in his mind and his presence at our
hearing brought much needed attention to the issues and dangers of
texting and use of cell phones while driving.
It has been an honor to work with Mr. Oberstar and I thank the
Chairman for his many years of service and leadership to Congress and
the American people.
Mr. PAULSEN. Madam Speaker, I rise today to honor my distinguished
colleague from Minnesota, the Dean of our delegation, Chairman Jim
Oberstar. For nearly four decades, Chairman Oberstar has been
faithfully serving the Eighth Congressional District of Minnesota in
this great body.
From humble beginnings, Chairman Oberstar worked to put himself
through college in the Minnesota Iron Range mines. After graduating
Summa Cum Laude from the college of St. Thomas, he began his tenure in
Congress as a congressional staff member. To his final post in Congress
as Chairman of the Transportation and Infrastructure Committee,
Chairman Oberstar has committed his life to public service and serving
the great State of Minnesota.
A native of Chisholm, Minnesota, Congressman Oberstar has proudly
served the people of Northeast Minnesota for 18 terms, the longest
serving Member of Congress from Minnesota.
In his four years as Chairman of the Transportation and
Infrastructure Committee, Chairman Oberstar has been instrumental in
keeping America moving. From his efforts to create more cycling and
hiking paths to his work on aviation and aviation safety, Chairman
Oberstar has done remarkable work in Congress. His knowledge of
transportation issues will be a great loss to this body.
He leaves a strong legacy as his name will be forever tied to
important highway, airline and rail safety legislation. His passion for
intermodalism is unmatched.
As Chairman Oberstar departs, I will miss his knowledge of all things
historical and his linguistic talent, specifically his love for French
Creole, a language which he picked up while studying in Haiti after
college.
In the few short years I have been in Congress, it has been an honor
and a privilege to serve alongside Chairman Oberstar as a fellow
Minnesotan. Chairman Oberstar is leaving some large shoes to fill. His
wisdom, guidance and expertise will be greatly missed and I thank him
for his service to our great State.
Mr. ELLISON. Madam Speaker, I rise today to stand with colleagues to
honor a Minnesota icon, dean of the Minnesota Congressional Delegation
and my good friend, Jim Oberstar. When I was first elected to Congress
in 2006, Jim was one of my first mentors, always there with helpful
advice and counsel.
Jim was also there on the sad evening of August 1, 2007, when the
Interstate 35W Bridge in Minneapolis, Minnesota collapsed into the
Mississippi River, killing 13 people and injuring near 100 more.
I worked closely with Jim that evening and the days following along
with my fellow colleagues in the Minnesota Delegation to immediately
respond to horrific bridge collapse and then, with Jim's help, the
House passed the next day a bill to provide funds to rebuild the
bridge.
This story that I share with you tonight about Jim's work on the
Interstate-35W Bridge is just one of many that I have from my four
short years here in the House.
So Jim, let me say on behalf of my constituents from the Fifth
District and the entire state of Minnesota, thank you for your
incredible service to Minnesota and the entire nation for the past 36
years.
Your contributions will not be forgotten.
Ms. CORRINE BROWN of Florida. Madam Speaker, this is a very sad day
for the U.S. House of Representatives as we say goodbye to Washington's
true transportation guru, Chairman James Oberstar. Your expertise and
long history in developing transportation policy for our nation will be
sorely missed as

[[Page 19804]]

we continue to fight for the type of infrastructure funding that will
keep our nation going strong.
You've guided the committee with wisdom and fairness. Continued the
committee's longstanding bipartisanship, and steered major pieces of
legislation affecting every sector of our transportation system. Your
leadership will long be felt on this committee and throughout the
nation long after you depart the chairman's seat.
The trips we took to Haiti were some of my most memorable times
serving in Congress. Traveling there with Chairman Oberstar was like
spending time with a native.
It was an honor working with you on so many issues over the years and
I look forward to continuing to work with you as you remain a major
player in transportation policy. Thank you Mr. Oberstar for all you
have done.
Ms. McCOLLUM. Madam Speaker, I yield back the balance of my time.

____________________

LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted to:
Mr. Davis of Illinois (at the request of Mr. Hoyer) for today.
Mrs. McMorris Rodgers (at the request of Mr. Boehner) for today and
the balance of the week on account of the birth of her daughter.
Ms. Woolsey (at the request of Mr. Hoyer) for today.

____________________

SPECIAL ORDERS GRANTED

By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Mr. Conyers) to revise and
extend their remarks and include extraneous material:)
Mr. Conyers, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
Mr. Courtney, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Woolsey, for 5 minutes, today.
Ms. Jackson Lee of Texas, for 5 minutes, today.
(The following Members (at the request of Mr. Jones) to revise and
extend their remarks and include extraneous material:)
Mr. Burton of Indiana, for 5 minutes, today, December 15, 16, and 17.
Ms. Ros-Lehtinen, for 5 minutes, today, December 15 and 16.
Mr. Flake, for 5 minutes, December 15 and 16.
Mr. Lincoln Diaz-Balart of Florida, for 5 minutes, December 15 and
16.
Mr. McClintock, for 5 minutes, today and December 15.
Mr. Smith of New Jersey, for 5 minutes, today.
Mr. Gingrey of Georgia, for 5 minutes, December 15.
Mr. Poe of Texas, for 5 minutes, December 17.
Mr. Jones, for 5 minutes, December 17.
Mr. Duncan, for 5 minutes, today.
Mr. Gohmert, for 5 minutes, today.

____________________

SENATE BILLS REFERRED

Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:

S. 2902. An act to improve the Federal Acquisition
Institute, to the Committee on Oversight and Government
Reform.
S. 3447. An act to amend title 38, United States Code, to
improve educational assistance for veterans who served in the
Armed Forces after September 11, 2001, and for other
purposes, to the Committee on Veterans' Affairs; in addition,
to the Committee on Armed Services; and to the Committee on
the Budget 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.

____________________

ENROLLED BILL SIGNED

Lorraine C. Miller, Clerk of the House, reported and found truly
enrolled a bill of the House of the following title, which was
thereupon signed by the Speaker:

H.R. 5591. An act to designate the airport traffic control
tower located at Spokane International Airport in Spokane,
Washington, as the ``Ray Daves Airport Traffic Control
Tower''.

____________________

SENATE ENROLLED BILL SIGNED

The Speaker announced her signature to an enrolled bill of the Senate
of the following title:

____________________

BILL PRESENTED TO THE PRESIDENT

Lorraine C. Miller, Clerk of the House reports that on December 10,
2010 she presented to the President of the United States, for his
approval, the following bill.

H.R. 4994. To amend the Internal Revenue Code of 1986 to
reduce taxpayer burdens and enhance taxpayer protections, and
for other purposes.

____________________

ADJOURNMENT

Ms. McCOLLUM. Madam Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 9 o'clock and 24 minutes
p.m.), the House adjourned until tomorrow, Wednesday, December 15,
2010, at 10 a.m.

____________________

EXECUTIVE COMMUNICATIONS, ETC.

Under clause 2 of rule XIV, executive communications were taken from
the Speaker's table and referred as follows:

10856. A letter from the Director of Legislative Affairs,
NRCS, Department of Agriculture, transmitting the
Department's final rule -- Wildfife Habitat Incentive Program
(RIN: 0578-AA49) received November 19, 2010, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
10857. A letter from the Director of Legislative Affairs,
NRCS, Department of Agriculture, transmitting the
Department's final rule -- Wildlife Habitat Incentive Program
(RIN: 0578-AA49) received November 19, 2010, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
10858. A letter from the Under Secretary, Department of
Defense, transmitting a report of a violation of the
Antideficiency Act, Air Force Case Number 09-03, pursuant to
31 U.S.C. 1517(b); to the Committee on Appropriations.
10859. A letter from the Director, Defense Procurement and
Acquisition Policy, Department of Defense, transmitting the
Department's final rule -- Defense Federal Acquisition
Regulation Supplement; Contract Authority for Advanced
Component Development or Prototype Units (DFARS Case 2009-
D034) (RIN: 0750-AG76) received November 29, 2010, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed Services.
10860. A letter from the Defense Federal Acquisition
Regulation Supplement;, Department of Defense, transmitting
the Department's final rule -- Defense Federal Acquisition
Regulation Supplement; Cost and Software Data Reporting
System (DFARS Case 2008-D027) (RIN: 0750-AG46) received
November 29, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Armed Services.
10861. A letter from the Director, Defense Procurement and
Acquisition Policy, Department of Defense, transmitting the
Department's final rule -- Defense Federal Acquisition
Regulation Supplement; Services of Senior Mentors (DFARS Case
2010-D025) received November 29, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Armed Services.
10862. A letter from the Director, Department of the
Treasury, transmitting the Department's final rule --
Financial Crimes Network; Confidentiality of Suspicious
Activity Reports (RIN: 1506-AA99) received November 29, 2010,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Financial Services.
10863. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Addition of National Toxicology
Program Carcinogens; Community Right-to-Know Toxic Chemical
Release Reporting [EPA-HQ-TRI-2010-0006; FRL-9231-5] (RIN:
2025-AA28) received November 22, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
10864. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Air Quality Designations for the 2008
Lead (Pb) National Ambient Air Quality Standards [EPA-HQ-OAR-
2009-0443; FRL-9230-4] (RIN: 2060-AP78) received November 22,
2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
10865. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; New Mexico; Interstate Transport of
Pollution [EPA-R06-OAR-2009-0656; FRL-9230-3] received
November 22,

[[Page 19805]]

2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
10866. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Maryland; Control of Volatile
Organic Compound Emissions From Industrial Solvent Cleaning
Operations; Withdrawal of Direct Final Rule [EPA-R03-OAR-
2010-0594; FRL-9231-9] received November 22, 2010, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and
Commerce.
10867. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Ohio; Ohio Portion of the
Cincinnati-Hamilton Area; 8-Hour Ozone Maintenance Plan [EPA-
R05-OAR-2010-0656; FRL-9232-2] received November 22, 2010,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
10868. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Indiana; Clean Air Interstate
Rule [EPA-R05-OAR-2009-0515; FRL-9232-3] received November
22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Energy and Commerce.
10869. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Idaho [EPA-R10-OAR-2008-0428; FRL-9231-
1] received November 22, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
10870. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Idaho [EPA-R10-OAR-2010-0669; FRL-9231-
2] received November 22, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
10871. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans; Oklahoma; State Implementation Plan
Revisions for Interstate Transport of Pollution, Prevention
of Significant Deterioration, Nonattainment New Source
Review, Source Registration and Emissions Reporting and Rules
of Practice and Procedure [EPA-R06-OAR-2007-0314; FRL-9230-2]
received November 22, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
10872. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of State
Implementation Plans; Indiana; Addition of Incentive for
Regulatory Flexibility for its Environmental Stewardship
Program [EPA-R05-OAR-2007-0624; FRL-9231-8] received November
22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Energy and Commerce.
10873. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- N,N,N',N'',-Tetrakis-(2-Hydroxypropyl)
Ethylenediamine (NTHE); Exemption from the Requirement of a
Tolerance [EPA-HQ-OPP-2009-0130; FRL-8851-8] received
November 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
10874. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Polyoxyalkylated Glycerol Fatty Acid
Esters; Tolerance Exemption [EPA-HQ-OPP-2009-0661; FRL-8852-
2] received November 22, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agricutlure.
10875. A letter from the Associate Director, PP&I,
Department of the Treasury, transmitting the Department's
final rule -- Belarus Sanction Regulation received November
29, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Foreign Affairs.
10876. A letter from the Auditor, Office of the District of
Columbia Auditor, transmitting copy of the report entitled
``Comparative Analysis of Actual Cash Collections to the
Revised Revenue Estimate Through the 1st Quarter of Fiscal
Year 2010'', pursuant to D.C. Code section 47-117(d); to the
Committee on Oversight and Government Reform.
10877. A letter from the Auditor, Office of the District of
Columbia Auditor, transmitting copy of the report entitled
``Public-Private Development Project Compliance with
Certified Business Enterprise Goals through the 2nd Quarter
of Fiscal Year 2010'', pursuant to D.C. Code section 47-
117(d); to the Committee on Oversight and Government Reform.
10878. A letter from the Auditor, Office of the District of
Columbia Auditor, transmitting copy of the report entitled
``Review of D.C. Taxicab Commission's Assessment/Commission
Fund for Fiscal Years 2005 Through 2009, As of June 30,
2009'', pursuant to D.C. Code section 47-117(d); to the
Committee on Oversight and Government Reform.
10879. A letter from the Auditor, Office of the District of
Columbia Auditor, transmitting copy of the report entitled
``Review of the D.C. Taxicab Commission's Fingerprinting
Fund'', pursuant to D.C. Code section 47-117(d); to the
Committee on Oversight and Government Reform.
10880. A letter from the Auditor, Office of the District of
Columbia Auditor, transmitting copy of the report entitled
``Audit of the Office of the People's Counsel Agency Fund for
Fiscal year 2005.'', pursuant to D.C. Code section 47-117(d);
to the Committee on Oversight and Government Reform.
10881. A letter from the Federal Co-Chair, Appalachian
Regional Commission, transmitting the Commission's semiannual
report from the office of the Inspector General for the
period April 1, 2010 through September 30, 2010, pursuant to
Section 5(b) of the Inspector General Act of 1978; to the
Committee on Oversight and Government Reform.
10882. A letter from the Chief Executive Officer,
Corporation for National and Community Service, transmitting
the Inspector General's semiannual report to Congress for the
reporting period April 1, 2010 through September 30, 2010; to
the Committee on Oversight and Government Reform.
10883. A letter from the Secretary, Department of
Education, transmitting the sixty-first Semiannual Report to
Congress of the Office of the Inspector General for the
period March 1, 2010 through September 30, 2010; to the
Committee on Oversight and Government Reform.
10884. A letter from the Deputy Archivist of the United
States, National Archives and Records Administration,
transmitting the Administration's final rule -- Changes to
NARA Facilities' Hours of Operation [NARA-10-0004] (RIN:
3095-AB68) received November 29, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Oversight and Government
Reform.
10885. A letter from the Chairman, National Credit Union
Administration, transmitting the Inspector General's
semiannual report to Congress for the reporting period April
1, 2010 through September 30, 2010; to the Committee on
Oversight and Government Reform.
10886. A letter from the Chairman, Occupational Safety and
Health Review Commission, transmitting the Commission's
Performance and Accountability Report for Fiscal Year 2010;
to the Committee on Oversight and Government Reform.
10887. A letter from the Director, Office of Surface
Mining, Department of the Interior, transmitting the
Department's final rule -- Ohio Regulatory Program [OH-253-
FOR; Docket ID: OSM-2009-0001] received November 23, 2010,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
10888. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's report
detailing the progress and the status of compliance with
privatization requirements, pursuant to Public Law 105-33,
section 11201(B) (111 Stat. 734); to the Committee on the
Judiciary.
10889. A letter from the Staff Director, Commission on
Civil Rights, transmitting notification that the Commission
recently appointed members to the Kentucky Advisory
Committee; to the Committee on the Judiciary.
10890. A letter from the Staff Director, Commission on
Civil Rights, transmitting notification that the Commission
recently appointed members to the Maryland Advisory
Committee; to the Committee on the Judiciary.
10891. A letter from the Senior Program Analyst, Department
of Transportation, transmitting the Department's final rule
-- IFR Altitudes; Miscellaneous Amendments [Docket No. 30751;
Amdt. No. 490] received November 19, 2010, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
10892. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establishment and Amendment of Area Navigation (RNAV) Routes;
Alaska [Docket No.: FAA-2010-0397; Airspace Docket No. 10-
AAL-7] (RIN: 2120-AA66) received November 19, 2010, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
10893. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Amendment of Class E Airspace; Kennett, MO [Docket No.: FAA-
2010-0606; Airspace Docket No. 10-ACE-8] received November
17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
10894. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establishment of Class E Airspace; Berryville, AR [Docket
No.: FAA-2010-0690; Airspace Docket No. 10-ASW-2] received
November 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
10895. A letter from the Secretary, Department of Health
and Human Services, transmitting a report entitled
``Evalution of the Cancer Prevention and Treatment
Demonstration for Ethnic and Racial Minorities; Second Report
to Congress (RTC)''; jointly to the Committees on Energy and
Commerce and Ways and Means.

[[Page 19806]]

____________________

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:

Mr. CONYERS: Committee on the Judiciary. H.R. 848. A bill
to provide parity in radio performance rights under title 17,
United States Code, and for other purposes; with an amendment
(Rept. 111-680). Referred to the Committee of the Whole House
on the State of the Union.

____________________

PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:

By Mr. OBERSTAR:
H.R. 6519. A bill to amend title 49, United States Code,
with respect to hours of service rules for railroad
employees; to the Committee on Transportation and
Infrastructure.
By Mr. PATRICK J. MURPHY of Pennsylvania (for himself
and Mr. Hoyer):
H.R. 6520. A bill to provide for the repeal of the
Department of Defense policy concerning homosexuality in the
Armed Forces known as ``Don't Ask, Don't Tell''; to the
Committee on Armed Services.
By Ms. ROS-LEHTINEN (for herself, Mr. Burton of
Indiana, Mr. Rohrabacher, Mr. Manzullo, Mr. Royce,
Mr. Wilson of South Carolina, Mr. Mack, Mr. Poe of
Texas, Mr. Inglis, Mr. Bilirakis, and Mr. Gallegly):
H.R. 6521. A bill to protect girls in developing countries
through the prevention of child marriage, and for other
purposes; to the Committee on Foreign Affairs.
By Mr. GEORGE MILLER of California (for himself, Ms.
Lee of California, Mr. Farr, Mr. Holt, and Mr.
Langevin):
H. Res. 1759. A resolution expressing support for
designation of January 23rd as ``Ed Roberts Day''; to the
Committee on Education and Labor.
By Ms. PELOSI (for herself, Ms. Speier, Mr. Barton of
Texas, Mr. Baca, Mr. Berman, Mr. Costa, Ms. Eshoo,
Mr. Farr, Mr. Garamendi, Ms. Harman, Mr. Honda, Ms.
Lee of California, Ms. Zoe Lofgren of California, Mr.
McNerney, Mr. George Miller of California, Ms.
Richardson, Mr. Stark, Ms. Woolsey, and Mr. Thompson
of California):
H. Res. 1760. A resolution congratulating the San Francisco
Giants on winning the 2010 World Series Championship; to the
Committee on Oversight and Government Reform.
By Mr. ROGERS of Alabama (for himself, Mr. Lewis of
Georgia, Mr. Bachus, Mr. Aderholt, Mr. Bonner, Mr.
Griffith, Mr. Davis of Alabama, and Mr. Bright):
H. Res. 1761. A resolution congratulating Auburn University
quarterback and College Park, Georgia, native Cameron Newton
on winning the 2010 Heisman Trophy for being the most
outstanding college football player in the United States; to
the Committee on Education and Labor.
By Mr. ACKERMAN (for himself, Mr. Berman, Ms. Hirono,
Mr. Johnson of Georgia, and Mr. Ellison):
H. Res. 1762. A resolution condemning the anti-Christian
violence that has occurred in Iraq and has forced Iraqi
Christians to flee their homes and communities; to the
Committee on Foreign Affairs.

____________________

ADDITIONAL SPONSORS

Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:

H.R. 1980: Mr. Pence.
H.R. 2103: Mr. Deutch.
H.R. 2159: Mr. Meeks of New York.
H.R. 3287: Ms. Pingree of Maine.
H.R. 3592: Mr. Dicks.
H.R. 3636: Mr. Deutch.
H.R. 3652: Mr. Van Hollen.
H.R. 4090: Ms. Schakowsky.
H.R. 4594: Mr. Quigley.
H.R. 4752: Ms. Zoe Lofgren of California.
H.R. 4806: Mr. Quigley.
H.R. 4844: Mr. Ryan of Wisconsin.
H.R. 4937: Ms. Schakowsky.
H.R. 4986: Ms. Zoe Lofgren of California.
H.R. 5028: Ms. Clarke.
H.R. 5510: Ms. Schakowsky.
H.R. 5577: Mr. Kildee and Mr. Moran of Virginia.
H.R. 5869: Mr. Rush, Mr. Davis of Illinois, Mr. Bishop of
Georgia, Mr. Johnson of Georgia, Mr. Fattah, Ms. Fudge, Mr.
Cummings, Ms. Watson, Ms. Clarke, Ms. Eddie Bernice Johnson
of Texas, and Mr. Al Green of Texas.
H.R. 6113: Mr. Bishop of Utah.
H.R. 6355: Mr. Quigley.
H.R. 6406: Mr. Terry.
H.R. 6461: Mrs. McCarthy of New York.
H.R. 6462: Ms. Fudge.
H.R. 6484: Mr. Sensenbrenner.
H.R. 6510: Mr. Olson, Mr. Johnson of Georgia, Mr. Gene
Green of Texas, and Ms. Corrine Brown of Florida.
H. Con. Res. 331: Ms. Bordallo, Mr. Tierney, Mr. Langevin,
Mr. Hinchey, and Mrs. Lowey.
H. Res. 1377: Mr. Costello, Mr. Sherman, Mr. Stark, and Ms.
Eshoo.
H. Res. 1461: Mr. Donnelly of Indiana, Mr. Pierluisi, Mr.
Upton, Mr. Lynch, Mr. Farr, Mr. Waxman, Ms. Roybal-Allard,
Mr. Filner, Mr. Stupak, and Mr. Buyer.
H. Res. 1734: Mr. Mario Diaz-Balart of Florida and Mr.
Scalise.

____________________

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF
BENEFITS

Under clause 9 of rule XXI, lists or statements on congressional
earmarks, limited tax benefits, or limited tariff benefits were
submitted as follows:

[Omitted from the Record of December 13, 2010]

Offered by Mr. Levin

H.R. 6517, the Omnibus Trade Act of 2010, contains limited
tariff benefits as defined in clause 9 of rule XXI, as set
forth in the Record of December 13, 2010. This bill does not
contain any limited tax benefits or earmarks, as defined in
clause 9 of rule XXI.

[[Page 19807]]

SENATE--Tuesday, December 14, 2010

The Senate met at 10 a.m. and was called to order by the Honorable
Jeanne Shaheen, a Senator from the State of New Hampshire.
______

prayer

The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Give heed, mighty God, to our prayers and hear our petitions. You are
a God of justice who always does what is right. You have examined our
hearts. You know our motives. Continue to guide our Senators. Empower
them to follow You faithfully, to seek Your will, and to find their
peace through fellowship with You. May they trust You for safety,
finding their highest fulfillment in knowing they are doing Your will.
When everything seems to fall apart, remind them that in everything,
You are working for the good of those who love You. Lord, help them to
discover security in Your promises and joy in serving You.
We pray in Your sacred Name. Amen.

____________________

PLEDGE OF ALLEGIANCE

The Honorable Jeanne Shaheen led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Inouye).
The legislative clerk read the following letter:

U.S. Senate,

President pro tempore,

Washington, DC, December 14, 2010.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Jeanne Shaheen, a Senator from the State of New Hampshire, to
perform the duties of the Chair.
Daniel K. Inouye,
President pro tempore.

Mrs. SHAHEEN thereupon assumed the chair as Acting President pro
tempore.

____________________

RECOGNITION OF THE MAJORITY LEADER

The ACTING PRESIDENT pro tempore. The majority leader is recognized.

____________________

SCHEDULE

Mr. REID. Madam President, following leader remarks, the Senate will
begin the final stage of our consideration of the House message with
respect to H.R. 4853, which is the tax bill. Postcloture time will
expire tonight at 12:30 a.m.
The Senate will recess from 12:30 until 2:15 today for weekly caucus
luncheons. We will also have a number of Senators organized today to
give their final speeches. We look forward to hearing from Senator Bond
at 11:30 today to deliver his farewell speech, Senator Judd Gregg will
deliver his farewell speech at 2:15 p.m., and Senator Harkin will be
speaking at 3:15 p.m. for up to 45 minutes. Senator Kirk will deliver
his maiden speech at 5 p.m. today.
Senators will be notified when any votes are scheduled. I have spoken
to the Republican leader, and we are going to try to work this out so
we don't have to be in until 12:30 and so we can move to other matters.
We will keep Senators advised as to what the exact schedule will be.

____________________

RESERVATION OF LEADER TIME

The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.

____________________

FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010

The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of the House message with respect to
H.R. 4853, which the clerk will report.
The legislative clerk read as follows:

Motion to concur in the House amendment to the Senate
amendment with an amendment to H.R. 4853, an act to amend the
Internal Revenue Code of 1986 to extend the funding and
expenditure authority of the Airport and Airway Trust Fund,
to amend title 49, United States Code, to extend
authorization for the airport improvement program, and for
other purposes.

Pending:

Reid motion to concur in the amendment of the House to the
amendment of the Senate to the bill, with Reid/McConnell
modified amendment No. 4753 (to the House amendment to the
Senate amendment), in the nature of a substitute.
Reid amendment No. 4754 (to amendment No. 4753), to change
the enactment date.

The ACTING PRESIDENT pro tempore. The majority leader.
Mr. REID. We are not in a quorum call, are we?
The ACTING PRESIDENT pro tempore. No.
Mr. REID. The Republican leader is on his way and has an important
speech to give, so if everyone will just be calm while he delivers his
speech.

Recognition of the Republican Leader

The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.

Remembering Richard Holbrooke

Mr. McCONNELL. Madam President, yesterday America lost one of the
most talented and dedicated diplomats it has ever produced. Richard
Holbrooke began his diplomatic service several decades ago as a young
foreign service officer in Vietnam. The storied career that followed
spanned the globe and will remain an integral part of the diplomatic
history of our Nation.
Dick Holbrooke will always be remembered for pursuing the hardest
missions, whether negotiating the Dayton Accords which helped end the
war in Bosnia or his immensely difficult final assignment as Special
Representative for Afghanistan and Pakistan. Ambassador Holbrooke
doggedly pursued what in his view best enhanced the diplomacy and
national security objectives of our Nation. We honor his legacy of
service to America's foreign policy interests by continuing his efforts
to help Afghanistan deny the Taliban a return to power and to disrupt,
defeat, and dismantle al-Qaida.
I might just add, I remember running into Dick at the White House a
couple of weeks ago. He never missed an opportunity to be selling what
he was doing. So he sidled up to me and in his usual aggressive way
began to discuss his current mission in Afghanistan. He was a dedicated
public servant, and we will all miss him greatly.

TRIBUTES TO RETIRING SENATORS

George Voinovich

Mr. McCONNELL. Madam President, I rise to pay tribute to Senator
George Voinovich who has served this Chamber and the people of Ohio
with honor over the past 12 years after an already long career as a
devoted public servant. George has served in the Ohio statehouse, as
Ohio's Lieutenant Governor, as the mayor of Cleveland, as Governor of
Ohio, and as a U.S. Senator. That is quite a record of accomplishment.
When George walks out of the Chamber for the last time, he will have
served 44 years in public service.
Yet in a career that has taken him from Cleveland to Columbus to
Washington and around the world, George has always made time for his
family, and no one was surprised when in January 2009 he announced that
he planned to retire at the end of this year in order to spend more
time with Janet.

[[Page 19808]]

George and Janet have been married for nearly half a century and they
have seen a lot together. George grew up in the same working class
neighborhood in Cleveland where he and Janet still call home today. He
attended Collinwood High School, Ohio University, and Ohio State
University for law school. After practicing law for several years in
Cleveland, he began his political career in 1963 as an assistant
attorney general of Ohio. Three years later, at the tender age of 30,
George was elected to the Ohio statehouse.
The 1970s was a period of economic turmoil for many American cities,
and Cleveland was no exception. In 1978, Cleveland became the first
American city since the 1930s to file for bankruptcy, and George, who
was serving as the State's Lieutenant Governor at the time, decided he
needed to do something to help his hometown.
Mounting a challenge to the Democratic incumbent, Dennis Kucinich,
George overcame tough odds and won the race. Determined to bring the
city around and bring Cleveland out of the economic ditch, George
organized a series of coalitions and public-private partnerships to
bring Cleveland back from the brink. More importantly, I think George
would tell us he helped restore confidence and pride to the city.
His motto was ``Together, We Can Do It.'' And they did. He went on to
serve as mayor for an entire decade and helped close an ugly chapter in
Cleveland's history. It was a remarkable feat. Once called the ``buckle
of the rust belt'' and the butt of a lot of late night television
jokes, Cleveland underwent a renaissance under George's leadership. It
paid down a $110 million debt, added thousands of jobs, brought new
development and businesses downtown, and saw struggling sports
franchises transformed into contenders.
For George, it was never about him. He would never take full credit
for the growth and prosperity Cleveland enjoyed or the fact that he was
named one of the Nation's top mayors. It was always about the people of
Cleveland working together to make the city they knew and loved great
again.
George's outstanding work as mayor helped him win the Governor's
Mansion in 1990 where he served two terms. He faced a fiscal mess in
Columbus, too, and worked hard to rein in spending. One of his
signature achievements as Governor was education reform, and in
particular the Cleveland school voucher program which provided
thousands of low-income students with the opportunity for a better
education and ultimately greater opportunities in life. But his record
of success as Governor was deep and far-reaching. He helped restore
Ohio's economy, balanced its budget, and saw unemployment hit a 25-year
low. For a job well done, the voters of Ohio reelected George to a
second term as Governor in 1994 with a remarkable 72 percent of the
vote.
Blocked by term limits from running again for Governor, George ran
for the U.S. Senate in 1998. He took the values that earned him so much
success in Columbus and Cleveland to Washington. As a Senator, he has
been at the forefront of numerous important national debates. He has
been a leading advocate for an effective and efficient Federal
Government and for simplifying the Tax Code. He has been involved in
legislation to enhance America's competitiveness around the world, to
reform our energy policy and to ensure America's strength and security.
George has always had my respect and admiration for his adherence to
principle and for his straight-shooting style. He always told you
exactly what was on his mind.
Today we honor our colleague and friend, George Voinovich, for his
nearly 4\1/2\ decades of public service. We thank Janet and the entire
Voinovich family for sharing him with us, and on behalf of the entire
Senate family, I wish to thank George for his service and wish him the
very best in the years ahead. He will indeed be missed.
The ACTING PRESIDENT pro tempore. The Senator from Arizona.
Mr. KYL. Madam President, might I just add a word to what the
Republican leader has just said. As the Republican whip, it is my job
to visit with Senators about their views on issues and votes that are
coming up. I didn't always like the answer George Voinovich gave me,
but I always knew that, as the leader said, it was a principled
response to a question that reflected his well-thought-out and deeply
felt views about the role of the government, issues on finance and
debt, and generally from his long experience as having been a public
leader at the State level, as well as the Federal level.
So I join my colleague in paying tribute to an incredible public
service career and especially the time I have enjoyed working with
Senator Voinovich in the Senate.
The ACTING PRESIDENT pro tempore. The Senator from Ohio.
Mr. VOINOVICH. Madam President, I would like to express my
appreciation to the minority leader and the minority whip for all of
the courtesies they have extended to me over the last number of years.
One of the things, Mitch, I have enjoyed doing is getting to know you
and Elaine. I watched you become the leader. I think you have done an
outstanding job of keeping your team together. I appreciate your
willingness to answer all of my telephone calls. Senator Kyl, the same
with you. I can't tell you how much I appreciated that, that we were
able to keep an open dialogue on many of the issues in front of the
United States of America.
I wish to applaud the minority leader for reaching out to the
President. As you know, I don't agree with the compromise on the tax
situation, but I think it is something that is important for the future
of our country. I have always found that when leaders get together and
spend time thinking about those things that bring them together rather
than those things that divide them, the people of the State and the
Nation benefit from it.
So, again, thank you very much for your kindness to me over the
years, both of you.
The ACTING PRESIDENT pro tempore. The Senator from California.
Mrs. BOXER. Madam President, I wish to make a unanimous-consent
request that after Senator Kyl has 10 minutes----
Mr. KYL. Madam President, I think I can do it in 12 minutes.
Mrs. BOXER. Fifteen minutes--I be recognized for up to 25 minutes.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. KYL. Madam President, I want to speak for a few minutes about the
tax legislation the Senate is debating and will be voting on before
long.
There has been some dismay on both sides of the aisle regarding the
merits of the package. I emphasize a point also made by others: Nobody
thinks this is a perfect bill. Most conservatives are upset about the
unfunded extension of unemployment benefits and the fact that the tax
rate extensions are not permanent. On the left, there are those who
dislike the death tax reform and would have preferred that the top
marginal income tax rates be increased. There are other concerns as
well.
I agree with some of the criticisms my conservative friends have
made. This is not the bill I would have written. There are some
provisions in the package I disagree with or would have written
differently. On the other hand, this is not the bill President Obama
would have written. He has made it clear that he doesn't like
everything in it either.
The package represents a true bipartisan compromise. That is
something we talk about a lot but seldom seem able to do. But political
circumstances will not allow either party to dictate its perfect bill.
So while neither party got everything it wanted, there are provisions
in the package to appeal to both sides of the aisle, and most of us
agree it would be very bad for Americans to allow taxes to be
increased.
The most important things this bill does, in my view, are to freeze
all existing income, capital gains, and dividend tax rates and reform
the death tax. Without legislation, taxes are set to go up for every
taxpayer in just 17 days. So by maintaining current tax rates and
instituting death tax reform, the bill will provide positive economic
certainty to families and to job creators.

[[Page 19809]]

This is a very important development for American taxpayers and for our
economy.
In fact, according to new data from Morgan Stanley, this bill could
boost economic growth to 4 percent or more next year. That is a lot
better than the anemic 2 percent achieved in the third quarter of this
year.
Ironically, some commentators have argued that this economic growth
will benefit President Obama's reelection prospects and, therefore,
should be opposed. That is not clear thinking.
Some other conservatives say that if we wait until next year to pass
tax legislation, the GOP-controlled House could pass a better bill than
this one. That is true, from my perspective, but there is no guarantee
that the Senate or the White House would go along with such a bill or
that we could get any better compromise in the end. In the meantime,
every taxpayer would have been hit with a tax increase in the first
paycheck of the new year and for many weeks thereafter.
Tax increases would almost certainly hurt the economy. Look back to
1936, for example, when President Roosevelt raised taxes on high
earners. The shaky economy plunged back into depression and
unemployment skyrocketed.
Freezing the tax rates, on the other hand, has the potential to help
the economy and job growth. Some on the liberal left seem to think that
tax provisions in this bill should implement their particular
philosophy of class warfare. But the Tax Code is not a vehicle for
punishing certain taxpayers, as some on the left seem to think. I would
hope we all agree that we want to help the job creators as well as job
seekers. Ideology should not trump those concerns on either the right
or left.
The key thing is that tax rates matter to growth. Businesses must be
allowed to retain earnings so they can expand, invest, and hire new
workers.
As I have come to the floor to point out again and again, many
successful small businesses that create jobs pay taxes at the
individual rate and would be hurt by increases in the top marginal
income tax brackets. According to IRS data cited by economists Kevin
Hassett and Allen Viard:

Fully 48 percent of the net income of sole proprietorships,
partnerships, and S corporations reported on tax returns went
to households with incomes above $200,000 in 2007.

That is the last year, incidentally, for which we have these figures.
Other businesses would have been hurt by skyrocketing capital gains and
dividend taxes. Raising capital gains and dividend tax rates would
greatly discourage the investment our economy so urgently needs.
Indeed, capital taxes are among the most distortive and least efficient
taxes the government collects.
In my view, any comprehensive tax reform package should include
significant reductions in capital taxation. For now, I am glad that
Members of both parties have decided to at least block a capital gains
tax increase, which would have a severe impact on job-creating
investment.
Death tax reform is another measure in this bill that will provide
certainty to job creators. I thank Senator Lincoln for her leadership
on this issue. We have spent a lot of time together over the last few
years working on this issue, and she deserves much credit for her
expertise and devotion toward crafting this plan, which will provide
relief to job-creating small businesses.
The result is a true compromise. There will be a large increase from
this year's zero percent estate tax rate--which is what I favor--to a
35-percent rate; but that is much less than the 55-percent rate that
will be in place on January 1. And the exemption is $5 million, which
is preferable to the $1 million exemption after January 1.
Should death tax reform not occur and the rate rise to 55 percent,
small businesses could be forced to reduce their payrolls by more than
500,000 workers over the next 10 years, according to a former CBO
Director, Douglas Holtz-Eakin. Think of that. That is a half million
people whose jobs could be threatened.
The effect of the compromise will be to eliminate the death tax
liability for about 90 percent of estates that would otherwise owe
exorbitant sums. According to the institute for Research on Economics
and Taxation, the death tax proposal in this bill would add more than
$200 billion in annual economic growth relative to current law. So this
is not about ``giveaways to the wealthy,'' as some have asserted. Most
of the people helped by this measure are small business employers.
A final word about the deficit: It is true that extending
unemployment compensation without cutting other government spending
will add to the deficit--and there are some tax incentives in the bill
that are similar to spending, and should also be offset with spending
cuts. It is important to note that we should not raise taxes to provide
the revenue--that would just grow the size of the Federal Government--
and Democrats are unwilling to find spending cuts, so we are left
accumulating more debt instead. The political reality is that the
unemployment benefits would certainly pass both Chambers, and there are
not and will not be the votes in the Senate to cut spending to offset
the costs either this year or next.
I admit that I am surprised to hear some conservative commentators
lump the extension of current tax rates and death tax reform into the
same argument about the deficit. Congress has never offset theoretical
revenue loss from the annual AMT relief, for example, because we all
know there was never any intent to collect it. Likewise, Republicans
have always viewed the tax extender package and extension of other
rates as exactly that--extensions of existing law, not new tax cuts.
The left--and some commentators--delight in misrepresenting the
legislation as providing ``tax cuts for the rich.'' But these are not
tax cuts--only extensions of decade-old existing tax rates--for
everyone. The only new tax cuts are the expensing for businesses sought
by the President, with which Republicans generally agree, and the
payroll tax holiday. The actual revenue loss, therefore, is about $237
billion, not the $900 billion that some assert. While any increase in
the deficit is unwelcome, the overall merits of this bill--including
preventing a massive tax increase on each and every taxpayer--outweigh
that deficit increase, in my opinion.
In conclusion, Americans are looking for economic growth and
solutions to unemployment. Keeping tax rates where they are and
providing some certainty is a good place to start. I urge my colleagues
to support this bill and see to it that job-killing tax rates are not
imposed on anyone.
The ACTING PRESIDENT pro tempore. The Senator from California is
recognized.

Honoring Our Armed Forces

California Service Members

Mrs. BOXER. Madam President, I have a number of issues I want to
bring up today for the record to explain a lot of the things we are
faced with here as we wind down before Christmas Eve--maybe.
The first thing I am going to do is ask to have printed in the Record
a list of the California-connected servicemembers who have died in
Afghanistan and Iraq. I have put their names in the Record continually.
And sometimes, if I have time, I read them. I want to say this: Since
August 5, 52 more California-connected servicemembers have died in
Afghanistan, and 2 more have died in Iraq.
I ask unanimous consent to have their names printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Afghanistan

Cpl Max W. Donahue, 23, of Highlands Ranch, CO, died August
7 of wounds received August 4 while supporting combat
operations in Helmand province, Afghanistan. Corporal Donahue
was assigned to I Marine Expeditionary Force Headquarters
Group, I Marine Expeditionary Force, Camp Pendleton, CA.
Sgt Jose L. Saenz III, 30, of Pleasanton, TX, died August 9
while supporting combat operations in Helmand province,
Afghanistan. Sergeant Saenz was assigned to 1st Battalion,
11th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
SSgt Michael A. Bock, 26, of Leesburg, FL, died August 13
while supporting combat operations in Helmand province,
Afghanistan.

[[Page 19810]]

Staff Sergeant Bock was assigned to the 3rd Combat Engineer
Battalion, 1st Marine Division, I Marine Expeditionary Force,
based at Marine Corps Air Ground Combat Center Twentynine
Palms, CA.
LCpl Kevin E. Oratowski, 23, of Wheaton, IL, died August 18
while supporting combat operations in Helmand province,
Afghanistan. Lance Corporal Oratowski was assigned to 1st
Light Armored Reconnaissance Battalion, 1st Marine Division,
I Marine Expeditionary Force, Camp Pendleton, CA.
Cpl Christopher J. Boyd, 22, of Palatine, IL, died August
19 while supporting combat operations in Helmand province,
Afghanistan. Corporal Boyd was assigned to the 2nd Battalion,
4th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
Sgt Ronald A. Rodriguez, 26, of Falls Church, VA, died
August 23 while supporting combat operations in Helmand
province, Afghanistan. Sergeant Rodriguez was assigned to the
1st Battalion, 11th Marine Regiment, 1st Marine Division, I
Marine Expeditionary Force, Camp Pendleton, CA.
LCpl Robert J. Newton, 21, of Creve Coeur, IL, died August
23 while supporting combat operations in Helmand province,
Afghanistan. Lance Corporal Newton was assigned to 3rd
Battalion, 7th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, based at Marine Corps Air Ground Combat
Center Twentynine Palms, CA.
PO3 James M. Swink, 20, of Yucca Valley, CA, died August 27
while supporting combat operations in Helmand province,
Afghanistan. Petty Officer Third Class Swink was a hospital
corpsman assigned to 2nd Marine Division, II Marine
Expeditionary Force, Camp Lejeune, NC.
MSgt Daniel L. Fedder, 34, of Pine City, MN, died August 27
while supporting combat operations in Helmand province,
Afghanistan. Master Sergeant Fedder was assigned to the 7th
Engineer Support Battalion, 1st Marine Logistics Group, I
Marine Expeditionary Force, Camp Pendleton, CA.
GySgt Floyd E. C. Holley, 36, of Casselberry, FL, died
August 29 while supporting combat operations in Helmand
province, Afghanistan. Gunnery Sergeant Holley was assigned
to the 7th Engineer Support Battalion, 1st Marine Logistics
Group, I Marine Expeditionary Force, Camp Pendleton, CA.
SPC Andrew J. Castro, 20, of Westlake Village, CA, died
August 28 in Babur, Afghanistan, of wounds suffered when
insurgents attacked his unit with an improvised explosive
device. Specialist Castro was assigned to the 2nd Brigade
Special Troops Battalion, 2nd Brigade Combat Team, 101st
Airborne Division (Air Assault), Fort Campbell, KY.
SSG Casey J. Grochowiak, 34, of Lompoc, CA, died August 30
in Malajat, Afghanistan, of wounds suffered when insurgents
attacked his unit with an improvised explosive device. Staff
Sergeant Grochowiak was assigned to the 1st Battalion, 22nd
Infantry Regiment, 1st Brigade Combat Team, 4th Infantry
Division, Fort Carson, CO.
SGT Raymond C. Alcaraz, 20, of Redlands, CA, died August 31
in Logar province, Afghanistan, of wounds suffered when enemy
forces attacked his vehicle with an improvised explosive
device. Sergeant Alcaraz was assigned to the 173rd Brigade
Support Battalion, 173rd Airborne Brigade Combat Team,
Bamberg, Germany.
Sgt Jesse M. Balthaser, 23, of Columbus, OH, died September
4 while conducting combat operations in Helmand province,
Afghanistan. Sergeant Balthaser was assigned to the 3rd
Combat Engineer Battalion, 3rd Marine Division, III Marine
Expeditionary Force, based at Marine Corps Air Ground Combat
Center Twentynine Palms, CA.
Lt (SEAL) Brendan J. Looney, 29, of Owings, MD, died in a
helicopter crash September 21 during combat operations in the
Zabul province, Afghanistan, while supporting Operation
Enduring Freedom. Lieutenant Looney was assigned to a
Coronado, CA-based SEAL Team.
LCpl Ralph J. Fabbri, 20, of Gallitzin, PA, died September
28 while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Fabbri was assigned to the
Headquarters Battalion, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
SGT Brian J. Pedro, 27, of Rosamond, CA, died October 2 in
Pol-e-Khumri, Afghanistan, of wounds suffered when insurgents
attacked his unit with small arms fire and rocket-propelled
grenades. Sergeant Pedro was assigned to the 2nd Engineer
Battalion, White Sands Missile Range, NM.
SrA Daniel J. Johnson, 23, of Schiller Park, IL, died
October 5 of wounds suffered when insurgents attacked his
unit with an improvised explosive device in Kandahar,
Afghanistan. Senior Airman Johnson was assigned to the 30th
Civil Engineer Squadron, Vandenberg Air Force Base, CA.
LCpl John T. Sparks, 23, of Chicago, IL, died October 8
while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Sparks was assigned to 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
PFC Victor A. Dew, 20, of Granite Bay, CA, died October 13
while conducting combat operations in Helmand Province,
Afghanistan. Private First Class Dew was assigned to 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
LCpl Joseph E. Rodewald, 21, of Albany, OR, died October 13
while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Rodewald was assigned to 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
LCpl Phillip D. Vinnedge, 19, of Saint Charles, MO, died
October 13 while conducting combat operations in Helmand
province, Afghanistan. Lance Corporal Vinnedge was assigned
to 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I
Marine Expeditionary Force, Camp Pendleton, CA.
Cpl Justin J. Cain, 22, of Manitowoc, WI, died October 13
while conducting combat operations in Helmand province,
Afghanistan. Corporal Cain was assigned to 3rd Battalion, 5th
Marine Regiment, 1st Marine Division, I Marine Expeditionary
Force, Camp Pendleton, CA.
LCpl Irvin M. Ceniceros, 21, of Clarksville, AR, died
October 14 while conducting combat operations in Helmand
province, Afghanistan. Lance Corporal Ceniceros was assigned
to 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I
Marine Expeditionary Force, Camp Pendleton, CA.
LCpl Joseph C. Lopez, 26, of Rosamond, CA, died October 14
while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Lopez was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
LCpl Alec E. Catherwood, 19, of Byron, IL, died October 14
while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Catherwood was assigned to 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
SPC Rafael Martinez Jr., 36, of Spring Valley, CA, died
October 14 while conducting combat operations between Moqur
and Darreh-Ye-Bum, Afghanistan, of wounds suffered when
insurgents attacked his unit with an improvised explosive
device. Specialist Martinez was assigned to the 7th Squadron,
10th Cavalry Regiment, 1st Brigade Combat Team, 4th Infantry
Division, Fort Carson, CO.
LCpl James D. Boelk, 24, of Oceanside, CA, died October 15
while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Boelk was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
Sgt Ian M. Tawney, 25, of Dallas, OR, died October 16 while
conducting combat operations in Helmand province,
Afghanistan. Sergeant Tawney was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
Cpl Jorge Villarreal Jr., 22, of San Antonio, TX, died
October 17 while conducting combat operations in Helmand
province, Afghanistan. Corporal Villarreal was assigned to
1st Battalion, 11th Marine Regiment, 1st Marine Division, I
Marine Expeditionary Force, Camp Pendleton, CA.
LCpl Francisco R. Jackson, 24, of Elizabeth, NJ, died
October 19 while conducting combat operations in Helmand
province, Afghanistan. Lance Corporal Jackson was assigned to
the 1st Battalion, 11th Marine Regiment, 1st Marine Division,
I Marine Expeditionary Force, Camp Pendleton, CA.
SSgt Joshua J. Cullins, 28, of Simi Valley, CA, died
October 19 while conducting combat operations in Helmand
province, Afghanistan. Staff Sergeant Cullins was assigned to
the 1st Explosive Ordnance Disposal Company, 1st Marine
Logistics Group, I Marine Expeditionary Force, Camp
Pendleton, CA.
SPC Ronnie J. Pallares, 19, of Rancho Cucamonga, CA, died
October 23 in Andar district, Ghazni, Afghanistan, of wounds
suffered when insurgents attacked his unit using an
improvised explosive device. Specialist Pallares was assigned
to the 27th Engineer Battalion, Fort Bragg, NC.
SSG Aracely Gonzalez O'Malley, 31, of Brawley, CA, died
October 22 at Homburg, Germany, of injuries sustained in a
non combat incident October 12 at Mazar-e Sharif,
Afghanistan. Staff Sergeant Gonzalez O'Malley was assigned to
the 307th Integrated Theater Signal Battalion, 516th Signal
Brigade, 311th Signal Command, Schofield Barracks, HI.
SPC Diego A. Solorzano Valdovinos, 24, of Huntington Park,
CA, died October 29 in Landstuhl, Germany, of wounds suffered
when insurgents attacked his unit on October 27 with small
arms fire in the Yahya Khel district in Afghanistan.
Specialist Solorzano Valdovinos was assigned to the 1st
Battalion, 506nd Infantry Regiment, 4th Brigade Combat Team,
101st Airborne Division (Air Assault), Fort Campbell, KY.
SPC Brett W. Land, 24, of Wasco, CA, died October 30 in the
Zhari district, Afghanistan, of wounds suffered when
insurgents attacked his unit with an improvised explosive
device. Specialist Land was assigned to the 2nd Battalion,
502nd Infantry Regiment, 2nd Brigade Combat Team, 101st
Airborne Division (Air Assault), Fort Campbell, KY.

[[Page 19811]]

LCpl Matthew J. Broehm, 22, of Flagstaff, AZ, died November
4 while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Broehm was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
LCpl Brandon W. Pearson, 21, of Arvada, CO, died November 4
while conducting combat operations in Helmand province,
Afghanistan. Lance Corporal Pearson was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
SSgt Jordan B. Emrick, 26, of Hoyleton, IL, died November 5
while conducting combat operations in Helmand province,
Afghanistan. Staff Sergeant Emrick was assigned to the 1st
Explosive Ordnance Disposal Company, 7th Engineer Support
Battalion, 1st Marine Logistics Group, I Marine Expeditionary
Force, Camp Pendleton, CA.
LCpl Randy R. Braggs, 21, of Sierra Vista, AZ, died
November 6 while conducting combat operations in Helmand
province, Afghanistan. Lance Corporal Braggs was assigned to
the 3rd Battalion, 5th Marine Regiment, 1st Marine Division,
I Marine Expeditionary Force, Camp Pendleton, CA.
2ndLt Robert M. Kelly, 29, of Tallahassee, FL, died
November 9 while conducting combat operations in Helmand
province, Afghanistan. Second Lieutenant Kelly was assigned
to the 3rd Battalion, 5th Marine Regiment, 1st Marine
Division, I Marine Expeditionary Force, Camp Pendleton, CA.
LCpl James B. Stack, 20, of Arlington Heights, IL, died
November 10 while conducting combat operations in Helmand
province, Afghanistan. Lance Corporal Stack was assigned to
the 3rd Battalion, 5th Marine Regiment, 1st Marine Division,
I Marine Expeditionary Force, Camp Pendleton, CA.
SSG David P. Senft, 27, of Grass Valley, CA, died November
15 at Kandahar Airfield, Afghanistan, of injuries sustained
in a non-combat related incident. Staff Sergeant Senft was
assigned to the 5th Battalion, 101st Aviation Regiment, 101st
Combat Aviation Brigade, 101st Airborne Division (Air
Assault), Fort Campbell, KY.
LCpl Ardenjoseph A. Buenagua, 19, of San Jose, CA, died
November 24 while conducting combat operations in Helmand
province, Afghanistan. Lance Corporal Buenagua was assigned
to 1st Combat Engineer Battalion, 1st Marine Division, I
Marine Expeditionary Force, Camp Pendleton, CA.
1stLt William J. Donnelly IV, 27, of Picayune, MS, died
November 25 while conducting combat operations in Helmand
province, Afghanistan. First Lieutenant Donnelly was assigned
to 3rd Battalion, 5th Marine Regiment, 1st Marine Division, I
Marine Expeditionary Force, Camp Pendleton, CA.
SPC Matthew W. Ramsey, 20, of Quartz Hill, CA, died
November 29, in Nangarhar province, Afghanistan, of wounds
suffered when an insurgent attacked his unit with small arms
fire. Specialist Ramsey was assigned to the 1st Squadron,
61st Cavalry Regiment, 4th Brigade Combat Team, 101st
Airborne Division (Air Assault), Fort Campbell, KY.
Cpl Chad S. Wade, 22, of Bentonville, AR, died December 1
while conducting combat operations in Helmand province,
Afghanistan. Corporal Wade was assigned to the 2nd Battalion,
1st Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
Sgt Matthew T. Abbate, 26, of Honolulu, HI, died December 2
while conducting combat operations in Helmand province,
Afghanistan. Sergeant Abbate was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
SSG Vincent W. Ashlock, 45, of Seaside, CA, died December 4
in Khost province, Afghanistan, in a non-combat related
incident. Staff Sergeant Ashlock was assigned to the 890th
Engineer Battalion, 168th Engineer Brigade, Lucedale, MS.
Cpl Derek A. Wyatt, 25, of Akron, OH, died December 6 while
conducting combat operations in Helmand province,
Afghanistan. Corporal Wyatt was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
PFC Colton W. Rusk, 20, of Orange Grove, TX, died December
6 while conducting combat operations in Helmand province,
Afghanistan. Private First Class Rusk was assigned to the 3rd
Battalion, 5th Marine Regiment, 1st Marine Division, I Marine
Expeditionary Force, Camp Pendleton, CA.
Sgt Jason D. Peto, 31, of Vancouver, WA, died December 7
from wounds received November 24 while conducting combat
operations in Helmand province, Afghanistan. Sergeant Peto
was assigned to the 3rd Battalion, 5th Marine Regiment, 1st
Marine Division, I Marine Expeditionary Force, Camp
Pendleton, CA.

Iraq

SGT Ryan J. Hopkins, 21, of Livermore, CA, died January 8,
at Brooke Army Medical Center, San Antonio, Texas, of
injuries sustained in a motor pool accident in Baghdad, Iraq,
on October 4, 2008. At the time of the incident, Sergeant
Hopkins was assigned to the 64th Brigade Support Battalion,
3rd Brigade Combat Team, 4th Infantry Division, Fort Carson,
Colo. At the time of his death, he was assigned to the
Warrior Transition Unit, Fort Sam Houston, San Antonio, TX.
SPC John Carrillo Jr., 20, of Stockton, CA, died September
24 in Fallujah, Iraq, of injuries sustained September 23 in a
non-combat incident. Specialist Carrillo was assigned to 3rd
Battalion, 15th Infantry Regiment, 4th Infantry Brigade
Combat Team, 3rd Infantry Division, Fort Stewart, GA.

Mrs. BOXER. Madam President, these heroes, these Americans have
sacrificed and given it all for this Nation. I am humbled by their
service. I am humbled by the service of their families, because this is
a family commitment. I am so proud, along with Senator Burr, to be
cochair of the Military Family Caucus. I pledge to continue what I can
do to make sure that our commitment to our military families is
constant and that we are fulfilling our role to make sure they get
treated with honor and respect and that we lessen their hardships. We
cannot take away the pain of their loss.
I also want to say I am working in every way I can to end this war in
Afghanistan. I support bringing the troops home in 2011. There is some
talk it might be extended another year. I don't support that. As
someone who voted to go after Osama bin Laden and the Taliban and go
into Afghanistan, we lost a lot of years because President George W.
Bush turned and focused his attention on the Iraq war, a war I did not
support because I didn't think it was based on truth. It turned out
that it wasn't. History will speak to that. We have been in Afghanistan
a long time and they are going to have to stand up and defend their own
country, as all nations have to do to defend themselves. We have given
so much, and today 52 more California-connected servicemembers since
August 5--that is an ongoing sacrifice.
We heard yesterday about a tragic explosion against NATO forces there
on a headquarters in southern Afghanistan, where we lost six. I support
that withdrawal and doing it in a way that makes sense. We are not
going to do it in 1 day, or 6 months, but we should start it.

Remembering Richard Holbrooke

Connected to that, the second issue I wanted to bring up is the
passing of Ambassador Richard Holbrooke--someone I considered to be a
friend, adviser, a brilliant mind, a warm personality, a man who lived
for his work and his family. It is so ironic, in a sense. I saw him
twice last week because he and his wife had gone to the Kennedy Center
awards. He seemed fine, so engaged, and so well. It was a shock to read
about what happened.
I send my love to his family, his wife, and his children. He will be
missed so much, because he had a very unique approach to diplomacy.
There was a love of what he did that you can't create. When you talked
to him, he engaged you because of his deep commitment and love of his
work, and his understanding that diplomacy is the answer, not war, and
that you had to be tough. As he pointed out, you had to meet with
people you would not want to be in a room with. But he had to do that
as he negotiated the end of the war in Bosnia.
I will miss him both personally and certainly as a member of the
Foreign Relations Committee with the occupant of the Chair.

Don't Ask, Don't Tell

I want to talk about a couple of other issues, to express my
disappointment that because of an artificial line laid down in the sand
by our colleagues on the other side, they would not vote on a civil
rights matter to end don't ask, don't tell, which is a policy that
makes our Nation weaker, not stronger. It is a policy that brings pain
to so many of our fellow Americans. They have to keep a secret as to
who they are and how they live their life, and that runs counter to
what this country is all about.
The thing is, when you are in the military and you are side by side
and you are in trouble, whether you are gay or straight has nothing to
do with the mission you are facing. There is a very strict code of
conduct in the military that says whoever you are, you cannot abuse
your rights and privileges, whether it is about sexual harassment or
anything else. That is very clear. So we already have a code of conduct
that can apply to everyone.

[[Page 19812]]

I was proud that in the survey that was taken, our military said they
didn't think it would harm us in terms of our ability to have a strong
defense. Good for them. I read into the Record a number of cases of
heroes who have been run out of the military because of their sexual
orientation--heroes. A couple of them have been reinstated. The courts
are going to do away with don't ask, don't tell. So I would
rhetorically ask my colleagues: Why on Earth would we leave this to the
courts when we could have the pride in standing for civil rights? It is
unfortunate.
Some on the other side have flip-flopped on this issue and said: Oh,
well, when the military leaders say it is OK, I will be there. But now
they are not. They set the bar every day at a different height. It is
wrong and we should get this done. There was an excuse that, well,
let's do the tax cut first. OK, we did the tax cut. So I am hoping they
will let us go to this and vote on this so we can be proud as Americans
here, across party lines, that we can put aside partisan differences
when it comes to civil rights.
I was watching a TV special on the civil rights law that passed in
1964, and the beautiful part of it was the coming together of the
parties, at the end of the day, on an issue that was so right for this
country. I hope we can do this again. I just hope we can do this again.
If not, I say to the courts: Do the right thing. You are doing it, but
keep it up, because we are not any stronger as a Nation, we are weaker,
when incredibly talented, dedicated, patriotic Americans are turned
away for absolutely no reason.

DREAM Act

I wished to talk about that as well as the DREAM Act--another area
where this country is made stronger. This act focuses on a child who
may have been brought here by their parents. Their parents broke the
law, brought a child here, say, at 3 or 4 months, and the child grows
up and doesn't even know they do not have their papers until they get
to be 18 years old. This is their country. They love their country. A
lot of them are presidents of their student body. Since when do we pin
the crimes of the parents on a child? We don't do that here. Again,
what are we gaining? We are losing.
So the DREAM Act, which started off with huge bipartisan support,
suddenly has gotten to the place where don't ask, don't tell has
gotten, where we are moving away from justice. Everybody has their
reason--oh, it can't be part of the military bill. If it is not part of
the military bill, they say: Why isn't it part of the military bill? It
seems to be a moving bar.
I read about this big meeting called ``No Labels,'' where people got
together and said we are tired of the two parties not working together.
It was sort of interesting because it was on the day when the two
parties did work together and we got over 80 votes for a tax bill. But
be that as it may, let's set that aside, here are two issues that have
nothing to do with partisan politics because they are good for the
country--they help our young people and they make sure people can serve
in the military if they are qualified and their sexual orientation
essentially has nothing to do with it. We have a chance to come
together for the good of the country on these things.

9/11 Heroes

I still hold out hope that we can do that, and we can also take care
of those heroes of 9/11 who went to that toxic pile in New York and
looked for the survivors and then looked for remains and breathed in
that toxic air, which in those days the EPA said was safe. Well, it
wasn't safe, and now they are sick. Yet we can't seem to get the votes
to help them. But I don't give up. I think we can do this. So let's
work together on all these things.

Transportation

Another area where we have been able to work together in the past--
and where I hope we will continue to work together--is the
Transportation bill. We usually enact our highway trust fund programs
for about 4, 5 or 6 years at a time. The last time we extended it for 1
year, and now the extension is ending. So we need to extend again the
existing transportation authorization. I am optimistic on this one
because in the House it didn't seem controversial. They added it to the
continuing resolution and extended it to the end of fiscal year 2011.
September 30 is the date.
It is important to note that 900,000 jobs nationwide depend on this
highway trust fund and the reauthorization of it and all those
programs--with 85,000 jobs in my home State of California. It is very
important we do this work, whether it is through an omnibus budget or
through the continuing resolution, however it ends up.
This is an area again where the political parties have come together.
My ranking member, Jim Inhofe, and I have been working very closely on
this and we support this extension. It has the support of the members
of the Americans for Transportation Mobility Coalition--and I will name
some of them: The American Public Transportation Association, the
American Road and Transportation Builders, the Associated Equipment
Distributors, the Associated General Contractors, the Society of Civil
Engineers, the International Union of Operating Engineers, Laborers
International, the National Asphalt Paving Association, National Stone,
Sand & Gravel, the United Brotherhood of Carpenters and Joiners, and
the U.S. Chamber of Commerce.
Listen, that is quite a group. When you have unions and you have the
employers and you have the U.S. Chamber of Commerce--which is negative
on so many things, unfortunately, but positive on this--that is a good
matchup.
Madam President, I ask unanimous consent to have printed in the
Record the letter from the Americans for Transportation Mobility.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Americans for Transportation

Mobility,

Washington, DC, December 8, 2010.
To the Members of the United States Congress: The Americans
for Transportation Mobility (ATM) Coalition strongly urges
you to extend the Safe, Accountable, Flexible, Efficient,
Transportation Equity Act--A Legacy for Users (SAFETEA-LU) as
well as expenditure authority for the Highway Trust Fund
through the end of FY2011 as included in H.R. 3082, the
``Full-Year Continuing Appropriations Act of 2011.'' While
the Coalition continues to support Congressional efforts to
enact a well-funded, long-term surface transportation bill,
the absence of such a bill makes this extension essential to
creating and sustaining jobs and maintaining America's
transportation infrastructure. Furthermore, this extension
provides much needed certainty for the construction industry,
states, and localities as they plan for the 2011 construction
season.
SAFETEA-LU expired last September and has since been
operating on a series of short- term extensions--the latest
of which expires at the end of this month. The uncertainty
created by the lack of a multi-year federal commitment to
improving America's highway and public transportation
facilities is contributing to a slowdown in transportation
development activity in many states. The jobs impact of this
situation has rippled throughout the economy. Workers at
design and engineering firms, construction companies,
equipment manufacturers, and materials providers have lost
their jobs and even more positions are on the line due to
uncertainty in federal funding, at a time in which the U.S.
unemployment rate remains at record highs.
Congress must not delay in passing a robust, multi-year
highway and transit reauthorization in the 112th Congress.
While reauthorization entails a host of challenging policy
and revenue issues, this effort should be viewed as a key
opportunity to move U.S. infrastructure into the 21st
century, bolster economic recovery efforts, and improve all
Americans' way of life. If local, state, and national leaders
continue to ignore this important issue, commerce will
suffer, fatalities will rise, congestion and pollution will
grow unabated, and the United States will find itself further
and further behind its rapidly expanding international
competitors.
To help prevent further job loss and ensure vital
transportation investments continue, the ATM Coalition
strongly urges you to extend SAFETEA-LU and expenditure
authority for the Highway Trust Fund through the end of
fiscal year 2011.
Sincerely,
Americans for Transportation
Mobility.

Mrs. BOXER. Madam President, this extension will save jobs not only
in the short term, but it gives certainty to our States. We know our
Nation's highways, bridges, and transit systems need to be in good
repair.
I will say this: With the construction industry still in a downturn,
it is tough

[[Page 19813]]

for them because of the housing crisis. Construction jobs are few and
far between, and we have a very high unemployment rate in the
construction industry. This extension is important. It gives certainty.
It will save hundreds of thousands of jobs, it will improve our
infrastructure, and provide that foundation we need for a solid
recovery. So I look forward to taking that up.
The last topic I wished to talk about--and I ask how much time
remains in my 25 minutes.
The ACTING PRESIDENT pro tempore. The Senator has used 15 minutes.
Mrs. BOXER. I thank the Chair.
The last topic I wish to talk about is my vote yesterday to move
forward on a tax bill, the framework of which was sent to us by
President Obama. There were negotiations with our Republican colleagues
and then one very important addition was made to the bill. Many of us
in the Senate wanted that--and I am grateful for that addition--and it
was the 1603 program, which is critical to our clean energy businesses
and will result in tens of thousands of jobs.
This will allow companies that are moving forward with solar, wind,
and geothermal projects--clean energy projects--to essentially get a
tax credit up front. That is essential because there are a lot of plans
on the drawing board. If this hadn't been renewed, we would have lost
those plans, and we would have lost those jobs. So I am very pleased
about that.
So much has been said about this tax bill, and I don't know that I am
going to say anything that is going to add to the debate, but I wished
to lay out some of what compelled me to vote yes to move that bill
forward. It is kind of summed up in a San Jose Mercury News editorial,
where they say:

More than three-quarters of the spending will go to middle-
and lower-income families through tax cuts, tax credits for
working families, and unemployment insurance.

That is the San Jose Mercury News. One could quibble that maybe it is
50 percent, more than 50 percent or maybe 60 percent, but the fact is,
this bill will be a help to the middle class.
When I was a kid in school, we had a big lecture on how a bill
becomes a law, and it sounds so easy. You start in a subcommittee in
one House or the other, the subcommittee marks up the bill, the full
committee marks up the bill and then it goes to the other House and
they do it. If there are differences, they all meet happily in a
conference and chat a little bit, they find the differences and resolve
them and the bill then goes to the White House. The President either
signs the bill and everybody celebrates or he vetoes it and you have to
get three-quarters of the Chambers to override.
It doesn't exactly work that way in real life. In real life--which
you can't explain in a textbook--the different parties bring different
passions to the table, and those passions are held deeply. If I tell
you where I see the passion coming from on either side, it is my view.
There is no science to this, it is just my view. But I think the
passion the Democrats brought to the table was that we needed to make
sure, first and foremost, the people who have been desperately hurt by
this slow economic recovery aren't left in the lurch for the next year.
Because technically, even though the recession has ended in terms of
GDP growth, the fact is, it is a very painful, agonizingly slow
recovery that is going on. Yes, jobs are being created--up to now about
900,000 since January--but it is not enough to make up for the millions
of jobs that were lost in the recession. So it is painfully slow, and
we are worried about it.
So we brought that passion we had to make sure middle-class families
who lost their jobs didn't lose everything else--they didn't lose their
homes, didn't lose the ability to send their kids to school, and they
have this bridge of unemployment insurances, which, by the way, they
pay for. They have to be actually looking for work in order to get it.
That is the passion we brought to the table.
The other passion was to make sure the middle class didn't get a tax
increase. We were passionate on that point, and we wanted tax credits
for businesses that resulted in jobs. Those were the passions we
brought to the table.
I think it is fair to say the passions the Republicans brought to the
table were to help make sure the very wealthiest got taken care of in
any deal. Why do I say that? It is a fact in evidence. Their
nonnegotiable terms included the extension of the tax cuts to
billionaires and millionaires. That was it. Passionate. Passionate.
Just as we were passionate about helping the middle class, they were
passionate on this point, and they were passionate--and they have
been--about the largest estates in America. A lot of them don't even
think estates ought to be in any way taxed.
In America, for many years, we have had what I would call an ethic
that this American dream is crucial. We want everyone to have it. We
are proud when people get to be multimillionaires and billionaires. But
we have a Defense Department to run, we have an education system to
help, we have roads to be build, our national security costs money, our
domestic security costs money. Social Security has to be taken care of,
people pay into the system, and health care--therefore, we believed for
years, and it was bipartisan, that for the wealthiest estates to have
an estate tax was something that worked.
Frankly, somebody who inherits, let's say, a $7 million estate from
their parents, they are going to be OK. By the way, that is a very
small percentage. Democrats believe 99 percent of estates would not
have any tax under our plan. But Republicans were passionate about
this. They wanted a $10 million estate, and they wanted a lower tax
rate.
Were I to write the book, ``How A Bill Becomes A Law,'' I would have
a different way of writing it. I would say: Technically, this is what
happens to get it to the President, to get the bill. But what you need
to know is what the passions are. I think at the end of the day both
sides could come away with this, saying what we felt passionate about
in this bill was good.
The one thing that was not addressed in this bill is the deficit. A
lot of us on both sides are passionate about that. But I think at the
end of the day there was a decision, perhaps not voiced but certainly
understood, that this is a stimulus bill, and we are going to have to
do serious deficit reduction. Anyone who thinks we will not have to pay
the piper for these tax cuts is living in another world. Of course we
are. The question is, Do we do it now or do we do it when this economy
truly turns around?
Then there will be another passionate debate about who is going to
help solve the deficit. I have a feeling you are going to see the same
thing. The Democrats are going to say: The middle class are not
responsible for this; let's look to the upper income. Our Republican
friends are going to say: It is class warfare. Don't look to the
wealthy.
We are going to have this battle again. But I voted for this bill
because I think our economy continues to be in a fragile state when it
comes to job growth, and I think we had to move forward on this. I am
glad we did because this has been the worst recession since the Great
Depression.
I hate to remind people of what it was like, but when George Bush was
President, he came to us with Hank Paulson, then-Secretary of the
Treasury, and Ben Bernanke, and they said to us: This economy is going
to collapse. Nobody is lending. Capital is frozen. We are in desperate
shape.
I have to tell you when the stock market went down--at one point it
was almost 50 percent down--those were tough times. We took many steps
to get this economy back on track. I have to say things have
stabilized.
Since January 10 we have added 937,000 jobs to this economy. But
because 8 million jobs were lost in this great recession, that is just
not enough. The President knows this. That is why he knew he needed to
come to us with a framework that basically said we are not going to put
a burden on the middle class. They have suffered enough. He had to
swallow hard to do things that we know he did not want to do.

[[Page 19814]]

I will reiterate what the San Jose Mercury News said:

More than three-quarters of the spending will go to middle-
and lower-income families.

That is an important point.
I have talked about the importance of the extension of unemployment
benefits. In my State of California more than 400,000 workers will lose
their UI benefits by the end of December, 2 million workers nationwide.
I have to say Mark Zandi, who was one of John McCain's top advisers,
clearly says when you extend unemployment benefits, you get the best
bang for the buck.
The ACTING PRESIDENT pro tempore. The time of the Senator has
expired.
Mrs. BOXER. I ask for 2 more minutes, and then I will stop.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mrs. BOXER. This tax bill I voted on will help our working families.
There is a 2-percent cut in payroll taxes. I know some say: Is that
going to hurt Social Security? We have a statement from the executive
vice president of the AARP, the Association of Retired Persons, saying
the proposal has no financial impact on Social Security because the
trust fund is made whole. That is critical. When we had the
administration at our caucus we made sure of that.
There is the extension of the child tax credit from the Recovery Act,
the earned-income tax credit, the childcare tax credit, there is
education relief and refundable tax credits for college, again, those
clean energy incentives which were critical, the 1603 provisions, job
creation tax incentives, R&D tax credit, bonus depreciation, veterans
work, opportunity credit, small business capital gains exclusion.
In closing, do I feel passionate that the people who earn over $1
million do not need a tax cut? You bet I do. I am passionate. To me, to
add to a deficit while we are in two wars to help people when so many
of them say don't even do this--we had a letter put in the Record from
90 millionaires saying this is ridiculous.
I am passionate about that. That fight will go on. Frankly, it is a
disagreement between the two parties. That is fine. We cannot be
expected to agree on everything. But I think moving ahead with this was
very important. Most economic forecasters estimate the legislation will
increase GDP growth, and I think that is critical at this time. My
State is struggling with 12.4 percent unemployment, and I did not agree
with two major provisions--the estate tax, which is a giveaway to
estates over $10 million, and it is a giveaway to the wealthiest few.
It adds to the deficit because of that, and there is no reason to do
it.
But on the whole I think this is something we should do, and I look
forward to getting it done so maybe my colleagues on the other side
will join us as we finish up a whole list of things we need to do
before we leave for the holidays.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Texas.
Mrs. HUTCHISON. Madam President, I rise today to say I think the
President of the United States and our Senate minority leader, Mitch
McConnell, have done a great job. As I hear the talking heads and the
pundits and others talk about this compromise, this way forward, I am
sure of it because no one is completely happy with it. People who think
we should have a death tax are not happy with this bill. People who
think, as I do, the unemployment provision goes too far, is not paid
for and should have been are on the other side.
But we are now faced with a choice. Are we going to allow the taxes
for every single individual in our country who pays taxes to go up on
January 1? We could talk all day about how we should have addressed
this much earlier.
If, that is true. But we are where we are. It is now mid-December,
and it is long past time when we should have told the American people--
every family, every business in this country--what the tax policy is
going to be for 2 years.
I come here with a business background. I wish more of my colleagues
had real business experience because sometimes when I hear the
academics and the talking heads talk about what we ought to do--some
say: Let's just wait. We can do this better next year. Are you kidding
me? Have you ever been in the real world trying to make a decision
about whether you can add one more piece of machinery to your factory
floor and hire people to run it? You are not going to make the decision
if you do not know what your commitments are going to be in taxes and
in the health care bill that is looming before every business in this
country.
Not only did I come from a business background, but I talk to
business people throughout my State. They are not hiring. Two-thirds of
the jobs in this country are created by small business. That is exactly
what we should all hope for. We don't want jobs to be created in the
government sector. That is a cost you cannot recoup. We need to cut
down on government sector jobs and make sure people in the private
sector are working because this is how to build a strong and vibrant
economy.
As I mentioned, two-thirds of private-sector jobs are in small
business, and small businesspeople are operating, generally, at low
margins. They are not hiring people when they are seeing estimates on
the cost to them of the health care bill enacted this year, including
estimates that their taxes are going to go up next year. At every
level, taxes will go up if we do not pass this tax bill this year.
Capital gains and dividends are going to go up. Seniors have saved
their lifetimes to be able to retire, and they know they cannot live on
Social Security. Social Security was never meant to be a complete
retirement plan. It was meant to be a cushion, a help with savings that
would allow people to maintain a standard of living.
Talk to seniors today who have saved, and they are not earning one
penny on their savings. They certainly are not going to do well if we
raise the tax on capital gains and dividends. What are we thinking? To
raise taxes on capital gains and dividends, that is the level that
allows many seniors to live at a decent standard.
What about the tax rate? Every person who pays taxes faces an
increase on January 1 if we do not pass this bill because they would go
into a higher bracket, and face a higher rate at each level.
Let's go back to small business. NFIB, the National Federation of
Independent Business, which is the largest small business organization
in America, says 75 percent of the small businesses in this country are
taxed at individual rates. If their taxes go up it will present a
barrier to their being able to plan for the future and hire.
People in business want predictability and stability. That is why
having at least 2 years is so very important. Doing it now so they can
plan for next year is so very important because they are looking for
predictability.
If I had written this bill with nobody else's opinions, I would have
made them permanent because I know small business would much rather
have certainty for 10 years of what is going to happen, or at least 5
years. But I did not get to write it by myself--neither did Senator
McConnell, or the President.
We have all sponsored bills to make the tax cuts permanent because we
want jobs to be created in the private sector knowing these are the
good jobs of the future that can be sustained and grow our economy. If
we allow these tax cuts to expire, the marriage penalty is going to
come back. The marriage penalty is my amendment that was put into the
tax cuts of 2001 and 2003. My amendment was to relieve the marriage
tax. A policeman and a schoolteacher who marry go into a higher bracket
just because they got married, not because they increased their
incomes. That is wrong. Two schoolteachers who marry would go into a
higher bracket, but the marriage penalty relief bill I sponsored
relieves them to the greatest extent. It doubles the standard deduction
instead of paring it back, and that is what we need to have.

[[Page 19815]]

What about the AMT? The AMT relief in this bill goes to the very
lowest income earners in this country.
If we do not pass this bill, 21 million American taxpayers will have
to pay an alternative minimum tax because the government says they are
not paying enough. Now, I think it is a fair question--at what point
does the AMT kick in? Today, the AMT kicks in for a single person who
makes $33,000 and a married couple who makes $45,000. If we don't pass
this bill through this Congress and let the President sign it, a
married couple making $45,000 will have to pay the alternative minimum
tax.
Our bill gives relief. The bill that is on the floor gives relief so
that the exemption from the AMT would go up to $72,000 for a married
couple before the alternative minimum tax kicks in and to $47,000 for a
single payer.
So the bottom line is, if you think a single person making $33,000
ought to have to pay the alternative minimum tax, then I cannot explain
it to you. I do not think a single person making $33,000 should be
subject to an alternative minimum tax because they are not paying
enough tax. The AMT relief in the bill will push it up to a level that
is more reasonable--$47,000 for a single person and $72,000 for a
married couple.
The estate tax relief--I think this is a significant advance for the
real world. Again, for small businesspeople, farmers, and ranchers, a
$1 million exemption will force farmers and small businesspeople whose
equipment is valued at more than it can produce to sell--what happens
is that the heirs to that estate will have to sell the equipment or the
business or part of the farm or all of the farm to pay taxes to the
government. And the irony is that the money in an inheritance tax is
money that has been taxed and taxed and taxed again. People pay taxes
on their earnings, people pay taxes on their profits in a business,
they pay taxes when they earn on their earnings.
The death tax does not make sense in the American dream because we
have always said this is a country where you can work hard and give
your children the fruits of your labor. But because of the death tax,
family businesses are cut by 50 percent in this country because heirs
have to sell the business to pay the taxes. That does not affect just
the family; it affects the people who work for the family business.
I want to keep the American dream alive. I think the inheritance tax
should be done away with completely because it is money that has
already been taxed; it has been taxed in the system again and again and
again. Every time something is earned, you pay a tax. So there is no
policy reason for a death tax.
I did not get to write the bill by myself, and neither did Senator
McConnell. We would have made estate tax relief permanent. But it is
not going to be permanent, and it is not going away. It is going to be
a 2-year extension, with a $5 million exemption and a 35-percent rate
after that.
I believe this bill provides some relief and helps people to plan for
their estates. I hope we can make it permanent so people will be able
to plan into the far future so that their small business, their farm,
their ranch can be held by their heirs and keep the jobs those family-
owned businesses have produced.
So I think it is important, when we get down to the bottom line--do
we pass this bill or not?--that there are alternatives. We could say:
You know what, I want to write it differently. Let's wait until next
year.
First of all, if we do that and we open up what I think is a very
balanced approach, then we are going to talk about this a whole lot
longer. It is going to take a while, and in the meantime people are not
going to be hired because small businesses will not know what their tax
liabilities are going to be, and we will not have this settled, these
concerns for at least 2 years.
Next, we can work on long-term tax reform. I thought the fiscal
commission that just reported had some very good ideas for tax reform
where everyone would pay more of a flat tax. It would be slightly
higher at the higher levels, bring in more revenue at the higher levels
and lower the tax on everyone. It would bring in more because it would
be simpler and more fair. I think we ought to look at that. We may need
to make changes in one way or another, but it was a good starting
place. But if we wait until next year to pass a bill, we are going to
throw this economy into upheaval, and we will certainly not create the
jobs that are the motivation behind this agreement.
The President and the Republicans agreed on one thing; that is, the
goal should be to spur the economy and create jobs. How we get there,
we have differences, but at least there are some parts on both ends
that will have the effect of giving stability and predictability to the
small businesses in our country that create two-thirds of the jobs so
that they can start hiring. That should be the dispositive part of the
decision we all need to make to vote for this bill.
You would have written it differently, Madam President, I would have
written it differently, the President would have written it
differently, and so would Senator McConnell, if we were the king and
queen of America. Fortunately, we are in a democracy, not a monarchy,
so we cannot have everything exactly the way we want it. This is a good
start.
Let me end by suggesting that once we make this decision--and I hope
we will make the decision to move forward, and I hope the House will
join us--then we will not have to discuss tax cuts for 2 years. People
will know what they are going to owe for 2 years, and they will be able
to start making plans on that.
But the argument that is being made--that this is going to add more
in the deficit--does need to be addressed, and once this bill is
passed, we must get about the business of cutting overall spending by
this government. And that is not just the discretionary part, which is
a minor part of our budget, it is also the entitlements. What can we do
to make the entitlements not continue to grow beyond the capability to
pay for them in a reasonable economy? We must get the debt down, we
must get the deficit down, and we have to concentrate on that if we put
the tax cuts to bed.
One of the things we need to address is the implementation of this
health care bill, which is the other factor in jobs not being created
right now. I hope we can repeal what we have passed and start all over
so that the businesspeople know that what we passed is not going to
work. It is going to be in the courts for a long time because of the
constitutional issues.
Let's go about planning for a health care reform that doesn't put the
fines and the penalties on businesses and individuals. Let's give them
options so that affordable health care is there for them. We don't have
to do that with a hammer; we can do it with options that are incentives
for people to get health insurance because it will be affordable. Let
them make choices for what fits their family, not a big, government-
prescribed one-size-fits-all.
Let's start getting serious about a bipartisan effort to cut the
spending and cut the debt and cut the deficit.
Let's set some parameters around extending unemployment so that more
people will be hired and we will set standards that are reasonable for
people to start giving back to the community if they are able-bodied
and have been unemployed for 2 years and more.
If we are creative and we work together, we can do this. But tearing
this package apart and saying: Well, I want it all my way, means we are
not going to have the stability and predictability that will create
jobs starting next year. That is our stated goal on both sides. I hope
the Members of the House will realize that anything we do next year is
going to have to be with a Democratically controlled Senate and a
Republican-controlled House, and that means everything is not going to
be our way.
I would not have written this agreement exactly this way, and neither
would Senator McConnell. I am sure the President would not either. But
Senator McConnell and the President have done what leaders need to do:
they have come together on a bill that

[[Page 19816]]

will move this country forward, and it will not increase taxes on
anyone who is paying taxes today. How can anyone believe it will be
good for the economy of our country to raise taxes in a recession?
I am sure we are going to hear a lot of debate on this floor about
what individual Senators would have done differently, but the bottom
line is, this Senate will overwhelmingly pass this package.
I hope that when all of the debate is finished, this bill will be
signed by the President and we will move forward in a joint effort to
reduce the debt of this country, as adult leaders should do. That
should be our goal for the next 2 years, as we now have settled the tax
cut issue. Hopefully, we will go with a vengeance against the debt and
some reform in the entitlement programs. We can do it. It will not be
easy, but it can be done. That is why we ran for these offices--to be
the leaders when our country needs leadership.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Udall of New Mexico.) The clerk will call
the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Remembering Richard Holbrooke

Mr. REID. Mr. President, last night I was at home and received a
message on my BlackBerry that Ambassador Richard Holbrooke had died. I
felt very sad about that. He was such a nice man. He was the epitome in
his dealings with me of a gentleman. Everyone who worked with him knew
how hard he worked. I join many thousands of people who mourn the
passing of Ambassador Richard Holbrooke, a champion diplomat and my
personal friend.
Ambassador Holbrooke dedicated his entire life to foreign service, to
keeping America safe through tough, sensible diplomacy. I will miss
him, his friendship, his counsel. Our Nation will miss his tireless
leadership and steady guidance of our foreign policy.
I had the opportunity to work with him closely on a number of
occasions during my tenure as majority leader. I appreciated our many
conversations as insights into the central national security issues of
the day. The world bears the imprints of Ambassador Holbrooke's efforts
to bring peace and security to places torn by violence and conflict.
From his early days in the Foreign Service to his leadership
negotiating the Dayton Accords to latest efforts at stabilizing
Afghanistan and Pakistan, Ambassador Holbrooke was always at the center
of the toughest security challenges of a given era.
America is safer and more respected around the world because of
Richard Holbrooke. Our Nation mourns his passing. I offer my
condolences to his family and loved ones during this most difficult
time.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Tributes to Retiring Senators

Kit Bond

Mr. McCONNELL. Mr. President, I rise to pay tribute to my old friend,
Kit Bond, a man who has dedicated the better part of four decades to
public service, and who has never failed in all those years to put the
people of Missouri ahead of himself.
As Kit puts it:

Serving Missouri has been my life's work. . . . I have
walked the land, fished its rivers and been humbled by the
honesty and hard work of our people. The highest honor is to
receive and safeguard the public trust.

But Kit also knew when to leave the field to somebody else. As he put
it in his retirement announcement last year before a packed Missouri
House Chamber:

In 1973, I became Missouri's youngest governor. . . . I do
not aspire to become Missouri's oldest senator.

It may have been the one ambition Kit did not pursue.
Born in St. Louis, Kit is a sixth generation Missourian. He grew up
in Mexico, MO, where his grandfather founded the A.P. Green Fire Brick
Company, the largest employer in town. Kit and Linda still call Mexico
home.
Kit has always been an overachiever. He graduated cum laude from
Princeton University and first in his class from the University of
Virginia School of Law. After that, he moved to Atlanta to clerk for
one of the great pioneers of the civil rights movement, Judge Elbert
Tuttle of the Fifth Circuit Court of Appeals.
After that, Kit went home to Missouri to practice law. In 1968, he
ran for Congress and lost, but he did not lose his taste for politics.
A year later, he was appointed Assistant Attorney General, where he ran
the Consumer Protection Division under Attorney General John Danforth.
The future Senate colleagues would become close friends, political
allies, and dominant figures in Missouri politics for more than a
generation.
In 1969, Kit was elected State auditor, and in 1972, at the tender
age of 33, he was elected as the youngest Governor in the history of
Missouri, and its first Republican Governor in 32 years. It was an
extraordinary achievement, followed by an equally extraordinary series
of events. Four years after winning the seat, he lost it to a Democrat
named Joe Teasdale. But 4 years after that, he won it back from the
same guy.
As Governor, one of Kit's greatest accomplishments was working with
the Democratic legislature to take the Parents as Teachers pilot
program statewide--a program that was designed to help parents prepare
their children for the classroom and help them score higher on
standardized tests.
As a young father and Governor, Kit saw how important the program was
for his own son Sam. ``As a parent looking for an `owner's manual' to
care for a new baby,'' Kit said, ``[Parents for Teachers] was my
lifeline.'' So in 1984, Kit signed a bill requiring all Missouri school
districts to provide Parents as Teachers services.
Since its inception in the mid-1980s, this program has been immensely
successful and helpful to parents all across Missouri, serving 3
million children in the State. Today, the Parents as Teachers program
includes 3,000 programs and has expanded to all 50 States and seven
countries.
As Governor, Kit was also a strong advocate for biotechnology and the
expansion of community health centers to underserved areas.
After his success as a two-term Governor, Kit decided to follow his
former boss, Senator Jack Danforth, to Washington. He won his first
term with 53 percent of the vote, becoming the only Republican that
year to capture a seat previously held by a Democrat. For the last 24
years, Kit has been a leader of this body.
There is no stronger advocate for the men and women of our Armed
Forces than Kit Bond. He has worked hard to ensure that our Nation's
veterans get the care they need and deserve. He has become an expert on
Southeast Asian affairs, last year coauthoring a book on Southeast Asia
and Islam entitled ``The Next Front: Southeast Asia and the Road to
Global Peace with Islam.'' ``It is not difficult to convince a senator
to write a book,'' Kit said. ``The hard part is convincing people to
read it.''
The Senate is indebted to Kit for his service as vice chairman of the
Senate Select Committee on Intelligence. He has worked tirelessly to
conduct responsible oversight of our Nation's intelligence community.
He worked closely with former Chairman Rockefeller and our current
chair, Dianne Feinstein. In doing so, they showed all of us the
importance of working together in a bipartisan fashion on matters of
national security.
Kit was instrumental in the passage of the Protect America Act and
the subsequent Foreign Intelligence Surveillance Amendment Act of 2008.
He worked tirelessly behind the scenes and across the aisle to combat
widespread misinformation about these bills.

[[Page 19817]]

Regarding the FISA Amendments Act of 2008, Kit said:

There is nothing to fear in [this] bill, unless you have Al
Qaeda on your speed dial.

Over the years, Kit worked hard to improve Missouri's transportation
and infrastructure. Legend has it that his staunch protection of
Missouri's highway funds even led to a physical altercation one day
with our former colleague, Senator Moynihan. The details are a little
murky with the passage of time, and Pat denied it ever happened. But
Kit claims to have been the last Senator to be ``slugged'' on the
Senate floor. The rest of us learned an important lesson that day:
Don't mess with Missouri's highway funding.
I think anyone who knows Kit well will tell you the last 10 years
have been some of the happiest for him. Linda has made Kit a new man. I
understand she has improved his diet, his fitness routine, and, thank
heavens, his wardrobe. He has proudly watched his son Sam stand up and
defend the Nation Kit has served his entire life. First Lieutenant Bond
served two tours in Iraq, the last as a scout-sniper platoon leader,
where he conducted close reconnaissance and surveillance operations in
order to gain intelligence on the enemy. We all thank him for his
courage and his sacrifice in defending our freedom and security.
Now, I would be remiss if I failed to acknowledge another one of
Kit's loved ones--his dog Tiger, who has become sort of a YouTube
celebrity around here. Tiger is, of course, named after Kit's beloved
University of Missouri Tigers, and her favorite past time is lying
under Kit's desk and destroying a stuffed University of Kansas Jayhawk.
Tiger may not be the kind of dog one would imagine for the vice
chairman of the Senate Intelligence Committee. Even Kit admits she is a
little bit of a froufrou pet. But in Tiger's defense, Kit likes to
point out that the last time she saw FDIC Chair Sheila Bair, she would
not stop barking. Chairman Bair has not one but two degrees from the
University of Kansas. ``I think she sniffed it out,'' Bond said.
Kit has had a tremendous career in public service. He has been
elected seven times in Missouri from State auditor to his four terms in
the Senate--more than anyone else in the history of the Show-Me State.
Looking back, Kit says his political adversaries kept him nimble, and
the media kept him humble. Whatever the formula, Kit has been an
outstanding Senator, and we will miss him terribly. I am sure it is
hard for Missourians to imagine Kit outside of office. It is no easier
for his colleagues to imagine the Senate without Kit. As his fourth
term draws to a close, history will show he has served the people of
Missouri and the people of this Nation with passion, honor, and
integrity. He will be missed.
Let me just add, back in the mid-1980s, I started off in the very
last seat back there, and then, 2 years later--these were not great
years for Republicans. We had two freshmen my first year, and two
freshmen 2 years later, Senator Bond and Senator McCain. So seniority
being what it is in the Senate, I got to move out of the very last
chair, moving over two more chairs, and Bond and McCain came back there
and joined us.
We were such power players in those days, we referred to ourselves as
the ``Not Quite Ready for Prime Time Players.''
But I must say to my friend from Missouri, you have come a long way
from those early days. You have made an enormous difference in the
Senate, and we will all miss you greatly.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Thank you, Leader McConnell, for your very kind and
generous words.
Since I announced I was not running for reelection, I have been
overwhelmed by the nice things folks have been saying about me. There
is nothing like being eulogized while you are still breathing. But to
my good friend Mitch, it has been a long time since we sat back in the
corner as the ``Not Quite Ready for Prime Time Players,'' but while I
never made it to prime time, except, of course, one appearance as a
very less-than-best-selling author on the ``Jon Stewart Show,'' you
certainly have arrived.
You have led us through many difficult and protracted debates.
Through all of it, you have been an agile, disciplined, and courteous
negotiator, with a good sense of humor. You kept us together on many
tough votes, at least as much as is possible to keep 40-something
different, independent minds all together or, as I like to say, 40
frogs in a wheelbarrow. But I thank you, Mitch. While I have
occasionally caused you heartburn--I realize that--I have always
appreciated your intelligence, your leadership, and your friendship.
You and Elaine are very close friends of Linda and myself, and we wish
you both the very best for the future.

Farewell to the Senate

Two years ago I announced my retirement from the Senate, and that
time has come. I have to begin by thanking all my colleagues and my
constituents for making this job one of the best a person could hold.
There is no greater honor than being given the trust of the people at
home to represent them. I have done my best to keep faith with my
constituents on every vote I have cast and every issue on which I have
worked.
Through more than two decades of membership in this world's greatest
deliberative body--sometimes delaying body--I have participated in my
share of debates. When I first came to the Senate, the Cold War was a
conflict some thought we would never win. Thanks to the courage and
resolve of former President Ronald Reagan, millions of people now live
in freedom. During this last term especially, it seems many debates
will have history-shaping consequences.
America has faced many challenges in the past 6 years: the longest
recession since the Great Depression, wars in Afghanistan and Iraq, the
continuing battle against terrorism, the fight to be competitive in a
global economy, and many more. As I look back, the successes we have
achieved during my time here have come because people of good will were
willing to work across the aisle for the common good of our Nation.
As I address the floor today, I am filled with memories of the many
colleagues with whom I have worked over the years. One stands out in my
memory--the one who was my best friend and mentor in the Senate, who
took me under his wing and treated me and my family as close friends,
and that, of course, is the late Senator Ted Stevens. He was unflagging
in his support of his principles, and everyone clearly knew where he
stood. Yet he was a very effective appropriator because he knew how to
compromise. I can only hope my colleagues and constituents know where I
stand, and I, too, know that working across the aisle is the only way
to get things done in this body.
Right after I arrived, I had the pleasure of working with the late
Senator Robert Byrd, who achieved the acid rain trading compromise and
passed the Clean Air Act amendments of 1990. I also joined with former
Senator Wendell Ford to establish a National Guard caucus, and now it
is a pleasure to work with Pat Leahy to ensure that our dual-mission
National Guard is adequately prepared to serve emergency needs on the
homefront and participate in our national security issues abroad.
On the Appropriations Committee, I have enjoyed the successes I have
had working first with Barbara Mikulski and now Dianne Feinstein to
ensure that public housing meets the needs of the people it is supposed
to serve and the communities in which they live, providing supportive
assistance for the homeless--particularly veterans--and stopping lead
paint poisoning of children in old public housing buildings across the
Nation. Barbara and I also gave a boost to what I believe will be the
job-creating technology of the 21st century: agricultural
biotechnology. We did that with congressionally directed spending in
the National Science Foundation budget.
With Senator Dianne Feinstein as chair of the Senate Select Committee
on Intelligence, we have put, I believe, the Senate Intelligence
Committee back on a path of bipartisanship and achieved passage of the
first Intelligence Act Reauthorization in 6 years.

[[Page 19818]]

I especially owe my Republican colleagues my sincerest thanks and
appreciation for sticking with me as we negotiated our way through some
tough compromises, such as the fights we have had on FISA. But when the
Help America Vote Act came to the Senate floor in 2001, ostensibly to
cure problems with punchcard voting in Florida but which most of us
Republicans thought was an effort to discredit the election of former
President Bush, I urged my colleagues not to block the bill but to use
it, not only to make it easier to vote but tougher to cheat. When we
moved to the floor, I brought to the Senate floor a picture of a
springer spaniel, Ritsy Meckler, who had been registered to vote in St.
Louis, MO, to make the point that if we had positive identification, it
would have been much more difficult for Ritsy to register or certainly
to vote. My friend, Chris Dodd, with whom I had worked on many children
and family issues and who worked with us on the HAVA Act, told me he
never wanted to see a picture of that dog again, so I autographed the
picture and gave it to him. I trust he still has it in his trusted
memory box.
Right now we are engaged on the Senate floor in passing a bill that
will stop historic tax increases from hitting most American families
and the entire economy next year. I truly hope the House will be able
to pass a bill for signature by President Obama so we can begin getting
the economy to work again and preventing even more job losses. Assuming
we can do it, the new Congress has to put our economy back on a sound
footing. We must end the recent trend of the push for government
overspending and passing the burdensome mandates on States and the
private sector. Excessive regulations that go beyond reasonable safety
and environmental restrictions are costing us jobs in agriculture,
energy, and many other areas of the economy, and stopping badly needed
developments that we in this country need.
The size of the debt has become an increasing concern for my
constituents and others across the Nation. We have a debt problem that
is caused by spending, not by having taxes too low. I am encouraged to
see there has been more discussion of having a flat tax with lower
rates, eliminating a wide range of deductions, credits, and other tax
bill earmarks. Doing so would make it easier for all of us, as
Americans, to fill out tax forms, eliminating the time and effort of
figuring them out, and I think it should enable us to put more of those
resources into what we need, our top priority: job creation.
Speaking of job creation, I think there are tremendous opportunities
in export trade. I applaud President Obama's call for expanding trade
to create jobs. I look forward to seeing his continued leadership and
to seeing Congress move forward promptly to adopt the trade agreements
with Korea, Colombia, and Panama. For our intermediate-term future, it
is essential the United States participate in the Trans-Pacific
Partnership with countries on both sides of the Pacific to take down
barriers to trade and increase export job opportunities.
As most of my colleagues know, I have been particularly interested in
expanding trade with Southeast Asia, which I believe is not well
understood by too many Americans. But the entire Asian region, however,
provides huge opportunities for better American jobs through trade and
investment across the Pacific.
In addition to expanding economic growth and jobs, trade is also an
important element in SmartPower, the fight against terrorist
insurgencies threatening other countries and ultimately those of us
here at home. As I mentioned in the book the leader was kind enough to
speak of, we can and must use trade, investment, and education
interchanges to build strong economies as a necessary step as we use
military action to stop imminent, violent threats. The combination can
make stronger, stabler allies.
I think SmartPower was no better demonstrated than in the efforts of
the Missouri National Guard Development team in Nangarhar Province in
Afghanistan. These military-trained Guard men and women went to
Afghanistan with strong private sector expertise in a wide range of
agriculture activities and helped reestablish a profitable, legitimate
agriculture in Agatha, while they were maintaining security.
By the end of the first 10-month growing season, illicit poppy
production had dropped to zero in Agatha, which had been the second
leading poppy producer in the Nation. I think we have to expand that
model with more National Guard units deployed but also a better
coordination of not only our military forces overseas but civilian
assistance that must go with them. We must continue our efforts to
avoid giving al-Qaida and its related terrorist allies an unchallenged
place to develop recruiting and training camps, command and control
units that threaten us.
One of the greatest challenges, however, is the publicly announced
summer of 2011 withdrawal date from Afghanistan.
It has told our enemies they only need to wait until next summer to
put our allies in the Karzai government on notice that we may not be
there to protect them after the summer of 2011. As important, it tells
the shura or local community leaders we will not be there next year to
protect them from the Taliban, so they are less likely to cooperate
with us. There must be a message, I believe, from the White House,
widely disseminated, that we will pull out of Afghanistan only when
conditions on the ground indicate there will be security.
A high point of my legislative career got an impetus in 2007, when I
went with Senator Bayh on a congressional delegation, a CODEL, to
Afghanistan. We were told that the limitations in the old Foreign
Intelligence Surveillance Act were a great threat to our troops as well
as to those of us on the ground. I worked, as the leader said, from
that point until the summer of 2008, with the strong support of my
Republican colleagues, and a workable compromise across the aisle was
developed which gave the intelligence agencies the access they needed
and, at the same time, extended the protection of rights of Americans
overseas from unwarranted interception of messages by telephone or e-
mail.
As a result, we currently have that ability, but we must go to work
quickly to make sure other provisions of vital intelligence collection
measures and authorizations do not expire without legislative
extensions. For the United States, our homeland, our defense against
terrorist acts from prisoners of war is essential, and we must prevent
the release of Gitmo detainees to other countries, where they will
return to the battlefield. The fact that one in four detainees already
has come back is a frightening figure because we believe there are many
more who will come back, and I fear one of those may conduct an attack
on the United States. We need to have a law of war which allows us to
hold them.
As a final thought on intelligence, however, the recent WikiLeaks
scandal has shown us what damage the Internet can do to our diplomatic
efforts as well as the safety of those in dangerous places with whom we
have worked. The even greater threat we see is the continuing cyber
attack on military intelligence and private sector critical
infrastructure. With my colleague from Utah, Orrin Hatch, we have
introduced a cyber security bill which will establish a cyber defense
alliance to allow private sector entities to cooperate with government
agencies to protect our critical financial systems, our utilities and,
most of all, our communications systems from attack. The battle is
underway, and we will need every effort to stay ahead of the developing
attacks as well as helping the private sector protect their
information.
In closing, I will tell my colleagues I have worked in all possible
party combinations. I have been in the majority and minority. I have
been fat and thin, and being thin and in the majority is a whole lot
better. In my two terms as Governor, with a 70-percent Democratic
majority in both the house and the senate general assembly, they
explained to me how bipartisanship works. I figured it out during my
second term, which enabled us to do better. It was my most successful
term in

[[Page 19819]]

any office, and the general assembly and I both achieved passage of all
the legislative priorities we had.
So now if my colleagues will permit a little parting advice from an
old bull: Work together, play nice.
I would follow up on the leader's comment about a little scuffle I
had with Pat Moynihan. I never talked about it. We never said anything
publicly until now. Later on, as we became fast friends, he used to
tease me about setting up boxing matches so we could raise money for
charity. But when I looked at his height and his reach, I didn't take
him up on that.
In a world today where enemies are real--the kind who seek to destroy
others because of their religion--it is important to remember there is
a lot of real estate between a political opponent and a true enemy. In
government, we expect spirited and principled debate where ideas
compete and the best ones prevail. There will be issues where people of
good conscience cannot come together, but let us never let what cannot
be done interfere with what can be done. Events in the world and
threats will continue to challenge us--terrorism, the economy, and
growing debt.
Nearly 24 years ago, I was sworn in as a U.S. Senator. Since that
time, I have been honored to work with you and others on all the
priorities facing our country and many more. Public service has been a
blessing and a labor of love for me. Little in life could be more
fulfilling.
But I look forward to the next chapter in my life. I am neither shy
nor retiring. There are ways to serve, and elective office is only one
of them. I plan to continue fighting for Missouri and national
priorities from a different vantage point.
Throughout 40 years of public life, I have met many wonderful people.
I have visited every area of the State every term I have served in
office. The people I have met in office and the people I have worked
with have made the job so rewarding I decided to stay longer. The
people of Missouri have been my most trusted and valuable advisers and
I thank them for giving me support and helping me to identify not only
the challenges but the solutions.
In addition to my colleagues and friends, there are too many others
to thank, but let me give you the first one. First, to my patient
family--my wife Linda, the light and love of my life; my talented,
charming daughter-in-law Margaret, and my son Sam, whom I regard as my
personal hero for his service as a marine ground-intelligence officer
in Iraq.
Thanks to all who have worked for me in my office, on my committees,
and those who have helped me with political activities--hundreds and
thousands over the years. Some were not born when I started, others
have passed away. Fortunately, many are still here.
As Mitch said, I thank my political adversaries for keeping me nimble
and the media for keeping me humble. Most of all, I thank the voters of
Missouri for sending me to Jefferson City three times and Washington,
DC four times to represent them. There is no greater honor. I have been
truly blessed to be entrusted by them with the responsibility of public
office. And I thank you from the bottom of my heart.
The PRESIDING OFFICER. The Senator from Missouri.

Tributes to Retiring Senators

Kit Bond

Mrs. McCASKILL. Mr. President, I think it goes without saying there
are things Senator Bond and I might disagree on, but today is not a
time to talk about those things. I rise for a few minutes to talk about
Senator Bond and the things I most respect and admire him for. It could
be a very long list, and I don't want to take too long, but I am going
to hit the high points of the things I think demand that anyone who has
paid attention to Missouri needs to respect and admire this man for.
For 42 years, he has served the State of Missouri. Let us start
there. He loves the State we call home. I would say that he knows it
better than any living person in the world. He understands it, he is
dedicated to it, and he has made Missouri his life's work. For that, he
deserves my respect and admiration.
Secondly, he has made major sacrifices to serve. As the leader said,
he graduated first in his class from the University of Virginia Law
School; a graduate from Princeton. I don't need to explain to anybody
in the Senate what that could mean in terms of one's career, in terms
of making money. Christopher Kit Bond could have been wealthy beyond
anyone's imagination. He had the intellect, he had the personality to
succeed in any business that he decided to engage in, and certainly in
the practice of law.
I think in today's world there is so much cynicism about the people
who choose a career of political service. This is a great example for
civics classes throughout this country, to see that this is what we are
talking about--someone who chose not to make big bucks, not to travel
the halls of power in the private sector, but to toil in the fields of
being a public servant. Yes, there are many things about being a public
servant that are grand and glorious, but there is a lot that is not.
I would challenge anyone to go to as many farm bureau picnics as my
colleague has gone to and not admit a little bit of fatigue. I would
challenge anyone to have attended as many State fairs as my colleague
has attended and not confess a little fatigue. I would challenge anyone
to go to what my dad used to call the ``slick ham suppers'' in small
communities across the State after a long week of work, because he knew
there were people there who were going to be rewarded by his presence
and that it was part of his job. He realized that was very important.
So I am very respectful and have great admiration for the fact that he
has toiled in the field of public service for all these years.
The third thing I respect and admire about him is how proud he is of
his family and how devoted he is to his wife. It is wonderful to behold
when someone exudes love and admiration and devotion to those people
who are most important to all of us--our families. I have watched
Senator Bond as he began to immerse himself in foreign policy, and I
know it was because he went to bed every night and woke up every
morning thinking of Sam, and Sam's service and what Sam was doing and
feeling, that compelled him to do as much as he could in the Halls of
Congress to help men and women such as Sam Bond throughout our world.
Fourth, and maybe this is the best one, Senator Kit Bond is not
afraid of a fight. I think that is terrific. You know, Missouri is a
tough State. It is a tough State in that anybody who tells you their
reelection is certain does not know or understand Missouri. Every
election is a battle in Missouri. He has a record of nine and two in
those elections. And for our beloved team, the Missouri Tigers, he and
I would take that record any year in football. He has had three
campaigns for Governor and four campaigns for the Senate from the State
of Missouri, and his record is nine and one in those elections. Let me
tell you, that is one remarkable achievement because in Missouri we
have some strong-minded folks. We have a bunch of folks on one end who
are very loud and very opinionated, and they are not going anywhere,
and we have a bunch of folks on the other end who are just as loud and
just as opinionated, and they are not going anywhere. But in the middle
we have a grand and glorious group of very stubbornly independent
people.
I like to point out to people that the State of Missouri elected John
Ashcroft Governor and Harriett Woods Lieutenant Governor in the same
election. Now, many of you may not know who Harriett Woods is, but I
can assure you my colleague and I both know these two people--John
Ashcroft and Harriett Woods--and they had absolutely nothing in common.
They had completely divergent ideological views of the world, yet
Missourians elected both of them. Why? I will tell you what that grand
and gloriously stubborn streak of independents want in Missouri--they
want someone with a smile.
Check for Kit Bond. When you think of Kit Bond, you think of him
smiling. Even if his teeth are gritted, and he is

[[Page 19820]]

telling you something you don't want to hear or you can tell he is
angry at you, he is still grinning. They appreciate his intellect. He
has always been an intellectual giant, and that is important when you
are toiling the fields of public service. His integrity. There was
never a doubt in all of these years of Kit Bond's service that this was
not a man of the very highest integrity. And finally, a work ethic. And
gee howdy, Missourians want a work ethic. They want somebody who
understands that they are working hard and they want to see you working
hard, and that is exactly what Senator Bond has done for these 42
years. He has worked very hard, even down to planting his chestnut
trees himself on the farm in Mexico.
So the magic formula of a ready smile, intellect, integrity, and an
amazing work ethic has put him in the same category as some of
Missouri's very greatest. From Thomas Hart Benton to Senator
Christopher Kit Bond, he has shown the world and shown our country what
hard work, what somebody who loves the middle of America and all that
it represents can do in the Senate.
He has been a wonderful role model for many of us in Missouri, even
if we don't always agree on every issue. And by the way, I will tell
this story today: When I took my desk in the State auditor's office,
there is a tradition in the State auditor's office in Missouri that all
the previous State auditors' pictures are around your office on a photo
rail at the top. I sat down at my desk on the first day having been
elected State auditor, and I looked up and who was directly across from
me--Kit Bond and John Ashcroft. I will confess I moved the order so I
didn't have to look at both of you every single day. But you were a
reminder to me that there are many different ways to serve.
It is with a great deal of reluctance that I say farewell to Senator
Kit Bond in the Senate. He has served here well, he has served his
State well, and I hope he remains a colleague and friend of mine for
many years to come.
With the utmost admiration and respect, I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota is recognized.
Mr. CONRAD. Mr. President, I also want to add my voice in respect and
recognition for the service of Senator Kit Bond. He has been a terrific
colleague. We have jousted over issues such as water policy affecting
our two States, but he has always conducted himself with honor and
integrity and he will be missed in this Chamber.

Remembering Richard Holbrooke

Mr. CONRAD. Mr. President, for a moment, I also want to note the
passing of Richard Holbrooke, a distinguished ambassador, somebody who
has played a key role in working on the policy towards Iraq and
Afghanistan. Richard Holbrooke was a giant in American diplomatic
history. Richard Holbrooke was a friend. I actually was with him the
Sunday before he passed away and was shocked to learn that he had been
stricken; even more shocked to learn that he passed away on Monday.
Richard Holbrooke leaves an extraordinary legacy of working for peace
and for advancing the interests of this country. Richard Holbrooke will
be missed.
Mr. President, I have come to the floor to discuss the tax extension
package before us. I support this package because it will provide, I
believe, a significant boost to the economy next year. It is necessary
because the alternative would be a significant tax increase on millions
of middle-class families in just a matter of weeks.
I recognize this package will increase the deficit over the next 2
years, but we need to distinguish between what is the right economic
policy short term and longer term. Short term, I don't think there is
any question that this economy remains weak, unemployment stubbornly
high, and that means we need to do more to provide liquidity in the
short term. That does not mean that we should ignore the growing debt
that is all around us. That is a longer term challenge, but it requires
our urgent attention.
We need to put together a plan this year to deal with our deficits
and debt. That is what the fiscal commission was all about that Senator
Gregg and I pushed for, which has just recently concluded its work,
with 11 of the 18 members endorsing a plan to reduce our debt by $4
trillion.
Just as with that package, I do not agree with all elements of this
package. In fact, part of this tax package I strongly oppose.
Most notably, I am opposed to those provisions that give overly
generous tax reductions to the wealthiest among us in the estate tax
area. But I understand that the President did what he had to do to get
an agreement. This economy clearly remains in a fragile state and we
can't afford to wait until we get everything we want. We cannot let the
perfect be the enemy of the good. Too often in this Chamber, in this
Congress, people insist on having it their way or take the highway.
Unfortunately, that prevents us from doing things that are absolutely
essential for the Nation.
Economists project that a failure to pass this package could reduce
economic growth next year by as much as 50 percent. That would mean
millions of jobs. So those who say, well, let's just scuttle this, have
to think very carefully. What is the risk to the economy of the United
States?
Just to review where we have come from, I believe the Federal
response to the recession and the financial crisis has successfully
pulled this economy back from the brink. I believe we were headed for
financial collapse. Economic growth has returned--not as robustly as we
would have liked, but nonetheless it has returned. In the fourth
quarter of 2008, lest we forget, economic growth was a negative 6.8
percent. In the most recent quarter, it was a positive 2.5. That is a
remarkable turnaround.
The same can be seen on the job front. In January of 2009, the
economy lost over 800,000 private sector jobs in 1 month. The next
month we lost another 700,000 jobs; the next month, another 700,000;
the next month, almost 650,000. Now we fast forward to today, November
of 2010, and 50,000 jobs were created. That is a dramatic turnaround,
and we can see for month after month after month that we now have
positive job growth. This economy has turned in the right direction and
has done so in quite a dramatic way.
We have also seen the rebound in the markets. The stock market hit a
low of 6,547 back on March 9, 2009. We are now well over 11,000. So in
economic growth, job creation, and the stock market, we have seen
dramatic improvement as a direct result of TARP and the stimulus
program.
This economy still remains too weak, too fragile, with unemployment
stubbornly high at 9.8 percent. By the way, without TARP, without
stimulus, the best economists in this country, including Alan Blinder,
the former deputy chairman of the Fed, and the chief economist at
Moody's, Mark Zandi, said without TARP, without stimulus, unemployment
today would be 15 percent--8 million more people would be unemployed.
Despite some who say they haven't worked, TARP and stimulus, I believe
the evidence is quite clear they have worked.
But more needs to be done. As we enter the holiday season, we can't
forget that one in six Americans are now unemployed or underemployed
and so we must do more to create jobs.
In a recent speech to the European Central Bank, Federal Reserve
Chairman Ben Bernanke went as far as he could go on the question of
fiscal policy, and he urged Congress to do more to help the near-term
economy, while at the same time taking steps to bring down long-term
deficits. This is what he said:

On its current economic trajectory, the United States runs
the risk of seeing millions of workers unemployed or
underemployed for many years. As a society we should find
that outcome unacceptable. Monetary policy is working in
support of both economic recovery and price stability, but
there are limits to what can be achieved by the Central Bank
alone. A fiscal program that combines near-term measures to
enhance growth with strong confidence-inducing steps to
reduce longer term structural deficits would be an important
complement to the policies of the Federal Reserve.

[[Page 19821]]

I think the Chairman has it right. He is clearly saying the Fed alone
and its actions are not enough to keep the recovery going. Congress
also needs to act. It needs to act in the near term by taking steps to
generate economic growth, and it needs to act on the long-term
challenge by putting in place a plan to bring down deficits and debt in
the immediate term and in the longer term.
This package, the one before us, will ensure that middle-class
taxpayers are not hit with a tax increase at the start of the year. It
extends for 2 years all of the 2001 and 2003 tax cuts. By the way, by
far the most important thing for the economy is the middle-class tax
cut. That is what is critically important to the economy. The tax cuts
for the high end--we can either do or not do--in effect are mildly
stimulative but, according to CBO, they have pretty low bang for the
buck in terms of economic growth. That is the high end tax cuts--pretty
low bang for the buck, according to the CBO.
This package also has the expanded child credit and earned-income tax
credit for families, the American opportunity tax credit for college
expenses, an alternative minimum tax fix--otherwise millions of people
would be getting a tax hike completely unintended--and the R&D tax
credit and other expiring provisions. This package, according to the
best economic advice we can get, will help economic growth, will help
job creation, creating additional jobs in the private sector next year.
The package also includes three critical measures to help the
economy. It includes a payroll tax cut for working families. This will
provide a 2-percentage point reduction in employees' Social Security
payroll taxes; a worker with $40,000 in income would save $800. This
measure is widely recognized as one of the most effective ways to boost
near-term growth.
In fact, I asked CBO last year: What are the most effective steps we
could take to promote economic growth. No. 1, interestingly enough,
extend unemployment insurance. That is in this package. No. 2, a
payroll tax holiday. That is in this package.
In fact, as I indicated, this package has an extension of
unemployment insurance benefits at their current level for 13 months.
This will prevent 7 million workers from losing unemployment in 2011.
Economists also rank this measure as high on bang for the buck, as I
indicated.
It also includes a business expensing provision allowing businesses
to write off 100 percent of capital purchases in 2011. This is a useful
incentive to get businesses to start spending again and could generate
more than $50 billion in additional investment in 2011. And, again, CBO
rated this measure as high on bang for the buck.
Here are some of the examples of the tax cut benefits provided by
this package. A mother with one child with $20,000 in income will
receive a $1,100 tax cut, a married couple with $40,000 of income will
receive a tax cut of almost $2,000, and a married couple with two
children with $60,000 of income will receive a tax cut of more than
$3,300.
Mark Zandi, the chief economist for Moody's and a former adviser to
Senator McCain's Presidential campaign, has examined the potential
economic impact of this package. This is what he concluded:

The fiscal policy compromise will be good for the economy
next year. The mandatory tax cuts and spending increases will
provide a substantial boost to growth in 2011, ensuring that
the still fragile economic recovery evolves into a self-
sustaining economic expansion. The deal's surprisingly broad
scope meaningfully changes the near-term economic outlook.

That is according to Mark Zandi, chief economist for Moody's.
For those who are concerned about the deficit, as I am, job one is to
get this economy growing more strongly. That is job one. Then we have
to pivot and deal with the long-term plan to deal with the deficit and
the debt. As I noted previously, the one provision in this package that
I particularly am unhappy with is the estate tax provision. I support
the continuation of the 2009 level with an estate tax exemption of $3.5
million for an individual, $7 million for a couple, and a rate of 45
percent. At those levels only one-quarter of 1 percent of estates would
be subject to any estate tax in 2011--one-quarter of 1 percent of
estates would be affected. That means 99.75 percent of estates would be
exempt from any estate tax under the provisions I am proposing and did
propose in the budget.
Unfortunately, under the compromise package certain of our colleagues
on the other side insisted that the exemption level be raised to $5
million for individuals, $10 million per couple, with the rate of 35
percent. This will reduce the number of estates subject to the estate
tax to one-seventh of 1 percent. It adds about $20 billion to the cost
of the package over 2 years, and it will do absolutely nothing to
generate economic growth and to create jobs.
If made permanent, this provision would add $100 billion in lost
revenue to the Treasury in the next 10 years--$100 billion more than
the package that I proposed. I don't think that is fiscally
responsible, I don't think it is wise, and I don't think it should be
approved.
While we need to pass the overall package to give a near-term boost
to the economy, we must also now pivot and deal with the Nation's
growing debt. Gross Federal debt is already expected to reach 100
percent of the gross domestic product of this country in 2011--well
above the 90 percent threshold that many economists see as the danger
zone.
One of our Nation's leading economists, Dr. Carmen Reinhart, came
before the President's fiscal commission. She had recently coauthored a
study of the impact of debt on more than 20 countries over the last 200
years. She concluded that when government debt as a share of the
economy exceeds 90 percent, economic growth tends to be about 1
percentage point lower than if debt levels were not so high. But don't
be misled by 1 point lower. That sounds like nothing. The economy is
growing typically at 3\1/2\ percent. One point less would be about one-
third less economic growth. So we need to understand--the consequences
of debt are lower economic growth for the future.
Our long-term debt outlook is even more serious. According to the
Congressional Budget Office, Federal debt could rise on the current
trend to almost 400 percent of GDP by 2054. That is a completely
unsustainable course. I personally believe the deficit and debt
reduction plan assembled by the President's fiscal commission, on which
I served, could prove a way forward. Even though the plan did not
receive the necessary 14 of the 18 votes on the commission to guarantee
a vote in Congress, it did receive the support of 11 of the 18
commission members, which is more than 60 percent of the panel. With 60
percent here, we can pass anything. But on our Commission we required
14 of 18 of the Commissioners to agree to assure a vote in Congress
this year.
By the way, among the 11 who supported the plan, it was completely
bipartisan: 5 Democrats, 5 Republicans, and 1 Independent. That outcome
proved that Democrats and Republicans can come together to solve this
challenge.
Here is a quick overview of the fiscal commission plan: It provides
nearly $4 trillion in deficit reduction over the next 10 years. It
lowers the deficit from 8 percent of GDP in 2011 to 2.3 percent in 2015
and 1.2 percent in 2020. It stabilizes the debt by 2014 and then lowers
it to 60 percent of GDP by 2023 and 40 percent of GDP by 2035. It
reforms Social Security to ensure its solvency for at least 75 years
and puts the program on a more sustainable path beyond the next 75
years. And it includes fundamental tax reform, making the Tax Code
simpler, fairer, and more efficient, while also raising more revenue
for deficit reduction.
Now that we have a responsible and realistic bipartisan plan on the
table and national attention is focused on the issue, it is up to
Congress and the President to finish the job.
Tax reform may be the most important component of the fiscal
commission plan. Here are the key elements included in the fiscal
commission plan: It eliminates or scales back tax expenditures that are
currently running $1.1 trillion a year and lowers tax

[[Page 19822]]

rates. That will promote economic growth and dramatically improve
America's global competitiveness. And it makes the Tax Code more
progressive. The Commission's illustrative tax reform plan demonstrates
how scaling back tax expenditures can lower rates.
This plan is a beginning. It has to become law in order to have its
full effect. I hope very much our colleagues will consider supporting
this plan, the tax plan before us, and the deficit reduction plan that
needs to be an integral component of a long-term fiscal plan for the
Nation.
I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio is recognized.
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent to set
aside the second-degree amendment to the Reid-McConnell substitute to
offer amendment No. 4763.
The PRESIDING OFFICER. Is there objection?
Mr. ISAKSON. I object.
Mr. BROWN of Ohio. Mr. President, Senator Stabenow, Democrat from
Michigan, Senator Wicker, a Republican from Mississippi, and I bring
this amendment to the floor to extend for 1 year modest enhancements to
the Health Coverage Tax Credit Program. I am going to throw a slight
curve ball and start with the cost of this amendment, which will help
place its benefits into context.
While we are awaiting a final score, based on some preliminary
numbers, this amendment should come in under $50 million. That is less
than .006 percent of the cost of this legislation. It is $50 million
out of roughly $800 million.
Now let's look at who the amendment helps.
It helps Americans who took a kidney punch when the companies for
which they worked either packed up and moved their operations overseas,
or when the companies for which they worked went bankrupt and turned
their pension obligations over to the Pension Benefit Guarantee
Corporation.
I probably do not have to tell you what it means when an American's
pension goes over to PBGC. It means that American's pension is
slashed--often dramatically.
So these are Americans who either lost their jobs and their health
coverage, or lost large chunks of their pensions and their health
coverage.
As I stated earlier, this amendment would extend modest enhancements
to the health coverage tax credit or HCTC.
The HCTC was established 8 years ago to help these workers and
retirees purchase private health coverage to replace the employer-
sponsored coverage they lost.
Unfortunately, because of the modest size of the tax credit and other
limitations, many credit-eligible individuals have remained uninsured.
And as too many Americans know, the combination of no health
insurance and a dramatically reduced pension spells financial hardship.
Dramatic financial hardship, particularly for people forced into early
unplanned retirement.
These are Americans who worked hard, were loyal to their companies,
earned their pensions and employer-sponsored health coverage day after
day after day until the day they watched it all evaporate.
Americans like Mike, from Brookville, OH, who wrote me to let me know
how important the tax credit is and how worried he is that it will
revert back to covering only 65 percent of premium.
Mike is a Delphi retiree, thousands of who were left high and dry
when the new GM abandoned them.
Larry from Miamisburg, OH, is another Delphi retiree.
In his letter to me, he said: I am writing to ask for help for us the
Delphi retirees. First for the HCTC increase and ultimately for the
loss of our retirements. Sir, they have taken everything from us, even
now our dignity.
Larry and Mike are victims of what can only be called a myopic
pension deal cut by the new GM during its bankruptcy proceedings.
The new GM clung to an agreement signed back in 1999 in order to
provide full pensions to some union Delphi retirees and allow other
nonunion and union retirees to receive deep pension cuts.
Both groups of former employees--those who received their full
benefits and those who did not--devoted most of their careers to GM
before Delphi was spun off.
Both groups of former employees earned their pensions by working hard
for GM year-in and year-out.
But Mike, Larry, and others like them were forced to live with
financially devastating pension cuts, while their counterparts received
their full pensions.
And now these same retirees may once again lose access to health
coverage.
To prevent it, we need to extend the enhanced HCTC provisions.
Under the American Recovery and Reinvestment Act ARRA, the health
coverage tax credit was increased slightly and the rules surrounding it
were made more flexible.
These modest changes enabled tens of thousands of trade-affected
workers and retirees to use the tax credit and purchase private health
coverage to replace the employer-sponsored health benefits they lost.
Specifically the tax credit now covers 80 percent, rather than 65
percent of coverage costs; rather than 65 percent of coverage costs;
beneficiaries are allowed to use the coverage to purchase coverage for
themselves and their spouses; and they are allowed to apply the credit
to less expensive coverage under a Voluntary Employee Benefit
Association VEBA.
Since these provisions were put into place, the number of displaced
workers and retirees using the health coverage tax credit has more than
tripled, increasing from about 14,000 to approximately 50,000.
But the health coverage tax credit provisions are set to expire at
the end of this year.
We can not let that happen.
It does not matter where the enhanced health coverage tax credit
provisions come from. It could have been the Recovery Act. It could
have been a bill the minority championed. The vehicle does not matter.
But the merits of these provisions do matter. That is why Senators
Stabenow and Wicker and I bring this amendment forward.
These provisions have merit. They will keep Americans insured in an
environment where the lack of coverage, coupled with pension cuts,
could mean impoverishment. If we do not extend these provisions, the
spouses of former workers will definitely lose their coverage, and
those former workers themselves likely will. That is in no one's best
interests.
As I mentioned earlier, approving this amendment would likely
increase the cost of this bill by less than .006 percent.
That is a small price to pay for a lifeline. It is a small price to
pay to keep middle class Americans from slipping into poverty.
This should not be a matter of debate. This should not be the focus
of a partisan divide. This should be a small step all of us take
together on behalf of Americans who did what we asked them to do.
They deserve our respect, they deserve our consideration, and--as our
economy continues to pose challenges even before the hardships these
Americans face--they deserve this modest extension of tax credit
benefits.
Mr. President, I ask unanimous consent the amendment, No. 4805, be
printed.
The PRESIDING OFFICER. Without objection, it is so ordered. It will
be printed.
The PRESIDING OFFICER. The Senator from Georgia is recognized.
Mr. ISAKSON. I ask unanimous consent to be recognized for up to 7
minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ISAKSON. Mr. President, I rose yesterday afternoon when we opened
the vote and voted in favor of going to a final vote today on the tax
package before us. Like many have expressed in this body, there are
things I like and things I dislike about it, but I come to the floor
today to talk about the

[[Page 19823]]

things I like about it and to make a particular point with regard to
scoring.
First, I want to point out that 41 days ago the people of the United
States went to the polls and voted. In the State of Georgia they voted
for me. I ran a campaign on the basis that we do not have a tax
problem; we have a spending problem. I ran a campaign based on the
American people wanting us in Washington to do what they have had to do
in the last 3 years: sit down at the kitchen table, reprioritize, and
spend within their means. We must do that.
I commend what Senator Conrad from North Dakota said, and I commend
the courage of the others who voted for the deficit reduction
commission report because it is the kind of shared sacrifice and tough
love that all of us need next year to rein in spending in this country
and get our balance back. But in the immediate future, in the next 3\1/
2\ weeks, America's taxes are going up at a time of protracted
recession and high unemployment. That doesn't make any sense.
In 2003, when I was in the House, I didn't like the idea of putting a
sunsetting on the Bush tax package because I feared exactly what is
happening now--protracted uncertainty, 2-year renewals, American
business not knowing what to do. While I will vote for this package
today, I hope we will learn the lesson that 2-year incremental sunsets
or things such as that are not good for the economy and not good for
America. We, as Members of this Congress and this Senate, must deal
with challenges when they confront us--not by arbitrarily setting times
for sunsets and sunrises that make us make policy under duress and
difficult circumstances.
But on the scoring issue I want to point out two things about the tax
rates and about the estate tax. There are those who say by extending
the existing tax rates we cut revenue that would have come in.
Hypothetically, that is correct, but in reality that is not correct
because, historically, from John Kennedy to Ronald Reagan to George W.
Bush, Republicans and Democrats who were confronted with difficult
economic times, when they changed tax policy and lessened the burden,
they increased the revenue. So my forecast based on the next 2 years is
we will see for the first time a clear example of dynamic scoring and
hopefully change a little bit of CBO's mind on how they look on tax
policy. I think we are going to see more employment, we are going to
see more risk capital put out by business, and we are going to see a
sense of certainty and a sense of optimism, which certainly our country
needs.
As far as the estate tax--and I love very much the Senator from North
Dakota, but I disagree vehemently on his explanation about the estate
tax. Let me tell you the reality of the estate tax. I have dealt with
it. I have dealt with it for 33 years as a real estate broker in the
State of Georgia.
The assets of most American families are real estate, whether it is
farmers and landowners or whether it is simply a homeowner. Other
wealth in America is by people who have a small business. With the
confiscatory tax rate of 55 percent, which is what it would be January
1, and an inordinately low deduction or unified credit of $1 million,
most American landowners, most American business owners who had an
estate worth anything over $1 million would have had to liquidate their
estates to pay their taxes.
A little known fact about the IRS Code that a lot of people don't
realize but we all suffer from is that when you die, you have 9 months
to file your taxes and pay your taxes with the government. They have 3
years to say whether they will accept it. So in a 9-month period of
time, a family at a point of bereavement, with some assets, find
themselves at a rate of 55 percent. That is confiscatory, and it is not
right. If they have to liquidate their property or sell their business
that asset no longer produces income; therefore, income taxes go down.
I can demonstrate on a graph or chart or blackboard that an asset
that has to be liquidated and paid at a tax rate of 55 percent one time
does not, over 10 years, pay as much as would have been paid over the
earned income that small business or land would have created. So the
estate tax 2-year deal is a good deal, and it should be permanent. Five
million dollars is a lot of money, but in the scheme of things for a
small business, a family farm, a cooperative, it is not a lot of money.
But it is the lifeblood of a lot of families. If we confiscate that
business or confiscate that land because the tax rate forces a sale,
then we are actually hurting ourselves in the long run, and we are
hurting families in the long run.
Last, there is a spending component, and we are going to have to,
next year, sit around the kitchen table of the Senate and deal with our
spending because it is out of hand. But I do believe the tax policy we
are extending for the next 2 years will bode well for our economy. I
agree with Senator Conrad it will probably help increase productivity
by about one-third, which will be good for our country. It will be good
for our tax rates. If we can combine that with a fiscal policy that has
shared sacrifice and tough love when it comes to spending, we can
regenerate the American dream and the great American engine of
entrepreneurship and return our country to the prosperity we all hope
and desire it will have.
With those remarks, I yield the floor.

____________________

RECESS

The PRESIDING OFFICER. Under the previous order, the Senate stands in
recess until the hour of 2:15 p.m.
Thereupon, the Senate, at 12:44 p.m., recessed until 2:15 p.m. and
reassembled when called to order by the Presiding Officer (Mr. Begich).

____________________

FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010--Continued

The PRESIDING OFFICER. The Senator from New Hampshire.

Farewell to the Senate

Mr. GREGG. Mr. President, I rise today on behalf of myself and my
wife Kathy to thank the people of New Hampshire for giving us the great
honor and privilege to represent them.
This is an extraordinary body, the Senate. It is filled with
wonderful people. I look around this room and I see a lot of them,
friends, people I have had the chance to do work with. I admire them
immensely. I thank them for their friendship. And when people ask me
about leaving the Senate, what is the thing I am going to miss the
most, I always say, it is the people, the people of the Senate, because
they are special, dedicated to making this country a better place,
dedicated to doing their jobs well, dedicated to serving America.
So I thank you for the great honor and privilege that you have given
Kathy and me to allow us to serve and participate in this body with
yourselves and your spouses. I want to thank everybody else who has
been so helpful throughout our career, the folks here at the dias, the
staff, people in the cloakroom, throughout this building. I mean, there
are so many people who make this Senate work, people working in the
furniture room, and people working in the hallways, our staffs,
obviously.
This is a special place filled with people who are committed to
making the Senate work. I thank them for allowing Kathy and me to be
part of that. But I want to take a point of personal privilege here and
especially thank my wife Kathy who is here today. You are not allowed
to acknowledge people, I know that, but I am going to violate the
rules. My wife is sitting right up there. Kathy.
We have been married 37 years, and for 32 of those years we have held
elective office; 9 major campaigns, innumerable campaigns such as those
for other people that we have participated in. Through this whole
intensity--and we all know, who have participated in this process, the
intensity of the elective process in this Nation--there has been a rock
and a solid force in our family. She has raised three extraordinary
children, Molly, Sarah and Joshua, who have been exceptional in

[[Page 19824]]

their own right and have done exceptional things, even though they are
still young by our standards. Some of them think they are aging a
little bit, but they are still young.
Their value system and their belief in this Nation and their
willingness to give of themselves to other people is a direct
expression of the values Kathy has given them; sometimes a little
overcompetitive on occasion, but that has been one of her strengths
also. We have been through some hard times and some good times, and
always she has been there to basically be our lighthouse. So I express
my love and thanks to her.
Bismarck, at the beginning of the 20th century said--first I should
say, Kathy told me I should not walk back and forth like this. I have
been doing it for 18 years. And she says it makes people sick who are
watching it on TV. Like the famous time she called up, and we were
having a colloquy, and there were a bunch of us talking this way, and I
am talking to, I think, Johnny Isakson. She calls the floor staff and
says: Go out and tell him to turn around and face the cameras.
Bismarck, at the turn of the 20th century--of course, Bismarck was
one of the true great forces in Europe throughout the late 1800s and
into the 1900s--said that: The defining fact of the 19th century was
that England and the United States spoke the same language.
What I think he meant was that the defining fact of the 19th century
was that England and the United States had a value system which
believed in the individual, in liberty, democracy, and markets. It was
a value system that grew out of the Scottish Enlightenment, people such
as John Locke, Hutcheson, Adam Smith.
In the 20th century, if you look at it, it was a test of that value
system against the other value systems which had come up over the
years, mostly totalitarianism. There was a test of democracy against
fascism, a test of democracy against totalitarian socialism. And we
won. We won that test.
The second big challenge of the 20th century was a test of how you
would create prosperity for people, a test of markets versus communism,
of markets versus, again, totalitarian socialism. And by the end of the
20th century, there was no longer an issue, no longer an issue. The
American philosophy of government had come to dominate the world--
democracy, individual liberty, and markets. The whole world was moving
in that direction. Now we are 10 years into the next century, and we
are challenged again, challenged again. This time the challenge is
different: Substantive, significant. Maybe not at the same level that
the Soviet Union represented a challenge, because they had the capacity
to destroy us, maybe not even at the same level of fights against
Japan, fascist Japan and fascist Germany. But the challenges are huge
and they will determine our future as a country.
They basically, in my opinion, break into two primary areas: The
first is, of course, the threat of a terrorist group using a weapon of
mass destruction against us. We must acknowledge that 9/11
fundamentally changed our culture, changed our personality as a nation,
and caused us to realize our vulnerability. That threat of terrorism is
driven by a fanatical belief in a religious philosophy. We should not
deny that. We should acknowledge that. Because in order to defeat that
threat we have to understand that.
The second major thrust that I see as our concern as we go forward is
clearly of our own making. It is a positive making, but it is still an
issue for us, and that is we have a nation which has always been
extraordinarily prosperous, where one generation has always passed on
to the next generation a better, more prosperous, and more secure
country. Yet today we are on the cusp of not being able to do that
again, because we have this population, of which I am a member, called
the baby boom generation, which is taking our retired population from
35 million to 70 million people. As a result, we and the rest of the
world, and in Japan for that matter, because of this demographic shift,
find ourselves confronted with governments which are struggling to
figure out how they are going to pay for what our entitlement society
is. The way I have sort of phrased it is that when a populist
government, a government that moves by election of the people--when a
populist government meets a massive demographic shift in an entitlement
society, you get unsustainable debt. That is something we confront
right now and need to stand up to.
Those two streams are our biggest concerns, or at least my biggest
concerns as I leave the Senate: How do we defend ourselves against a
fanatical movement, which has an asymmetry base, which wants to do us
harm,--they are not a nation state, we cannot find them easily--but
wants to do us harm and will do us harm if they have the capacity, and
will do it with a weapon of mass destruction? And, secondly, how do we
deal with this shift in our society--this is driving the populist
movement, which is making our structure of government unaffordable in
many ways?
America's greatness and our ability to address the issues such as
this comes from our people and from our Constitution. It is that
Constitution which embraces, basically, the liberties that allow our
people to create prosperity and give this Nation its strength.
Our freedom and prosperity is absolutely resilient. There is no
question about that. But government can either be an enabler of that
freedom and that resilience or it can be a stifler of it. Whether we
are going to succeed, I believe, is whether we continue to assert the
core values which allow us to govern well, and they all basically arise
from our Constitution.
I have the good fortune to sit at the Webster desk. Daniel Webster
was a Senator from Massachusetts. New Hampshire, in an act of
appropriate stealthiness, had the desk designated to the senior Senator
from New Hampshire by statute in the 1970s. It is a great honor to have
the right to sit at this desk. Webster and Clay kept this Nation
together at a time when had it been torn apart. It would no longer have
existed, because we were not capable. We had no Lincoln, and we had no
strength of the North to survive.
Webster, in his speech on the Compromise of 1850, said:

I mean to stand upon the Constitution. I need no other
platform. I know but one country. No man can suffer too much.
No man can fall too soon if he suffers on or if he fails in
defense of the liberties of the Constitution of our country.

At the center of our constitutional form of government, which was
designed by Madison and Randolph, which was built on the concept that
there should never be an overly powerful branch of the government, at
the center of this government is the Senate. It is the cauldron of
liberty for our Nation.
Why is that? Because it is the place where issues are aired, people
are heard, amendments are made, and no one gets to shut down the
minority until a supermajority decides to do so. The rights of the
minority are the source of the power of our government. They are the
source of the power of our Constitution. They are the source of the
power of our liberty.
This is the center, this institution is the center of the rights of
the minority. I have been in the minority. I have been in the majority.
It is almost irrelevant from the standpoint of the importance of the
role of the Senate, because it is the Senate that gives voice to all
Americans, that does not allow us to shut out any American or any
thought process in America that is legitimate and which can come to the
floor of the Senate and make its case.
I have often wondered, what would this government be like if there
were no Senate? Well, it would be a parliamentary government, for all
intents and purposes, lurching to the left, lurching to the right, and
as a result, in many ways, undermining individual rights, but, more
importantly, having no continuity of purpose or force.
We play politics in this city and in this country between the 40 yard
lines, for all intents and purposes. We are not a government that ever
moves too radically left or radically right. That is the

[[Page 19825]]

way it should be. That is the way it should be. In this institution,
compromise is required. To govern you must reach agreement. We are 300
million people obviously of a diverse view. If we are going to govern
300 million people, we must listen to those who have legitimate views
on both sides of the aisle.
So as I leave this Chamber, I want to say this, simply: It has been a
huge honor to have the chance to serve here. It is something that is
the highlight of our career, Kathy's and mine. We move on with
reservations, we hopefully move on to something equally interesting,
but it will never have the same status as being in the Senate.
This, to me, is the ultimate job when it comes to the governance of
America. I simply ask you who stay here--and I know this will be done--
continue to carry the torch. Understand that it is the Senate that is
the center of the liberty that leads to the prosperity our people
expect. It is the Senate that is the center of our Constitution.
Thank you very much.
(Applause, Senators rising.)
The PRESIDING OFFICER. The Republican leader.
Mr. McCONNELL. Mr. President, I would hope it is not the intention of
the senior Senator from New Hampshire to leave the floor. The accolades
our friend and colleague, the senior Senator from New Hampshire, has
just received from both sides of the aisle are richly deserved. I would
hope he might be able to stay a bit longer so some of us have a chance
to comment on his extraordinarily distinguished career.
He has devoted his entire life to public service, always served with
a deep sense of purpose and with the overriding conviction that we must
leave America in a better place than we found it, as he so articulately
expressed. He has worked tirelessly for the people of New Hampshire and
for all Americans, and he has been a truly invaluable member of the
Republican Conference. He is the smartest guy in the room, usually the
most strategic, and as witty as they come. Yet even as Judd's national
profile has increased over the years as a result of his many natural
gifts, he never lost sight of where he came from or the people he
represents back home in New Hampshire.
Judd grew up in Nashua in southern New Hampshire and was introduced
to the world of politics early on. In 1952, when he was just 5 years
old, his father Hugh Gregg was elected Governor of the State. Judd went
on to Phillips Exeter Academy for high school in the mid-1960s and to
Columbia University after that, graduating with a degree in English in
1969. It was an eye-opening experience being in New York City,
particularly in those years. Judd took it all in. He jokes that his
minor in college was subway exploration.
Even as he witnessed all the student demonstrations and clashes with
police on campus, he found time to dress up as the school's mascot for
a time, the Columbia Royal Lion, working the sidelines at games. Judd
returned north to attend law school at Boston University and got his
J.D. in 1972 and then an LL.M. in tax law in 1975. Then he returned to
New Hampshire to practice law.
Meanwhile, he began to venture into New Hampshire primary politics,
coordinating primary campaigns for Ronald Reagan in 1976 and George
H.W. Bush in 1980. It was during this time that he really developed his
conservative principles. Over the years, he has stuck to those
principles, and the voters have rewarded him for it. He has never lost
a race--not one. Part of the reason Judd wins is that he is not afraid
to lose. He would rather lose for the right reasons than win for the
wrong ones.
Over the years, he has become something of a political legend in New
Hampshire, and for good reason; he is the first person in New Hampshire
history to serve as Congressman, Governor, and Senator. He was first
elected to Congress in 1980, where he would serve four terms, and then,
in what some viewed as a political gamble, he followed his father's
footsteps to run for Governor in 1988. He was elected and easily
reelected in 1990.
During his second term, New Hampshire, like the rest of the country,
faced a difficult recession. But faced with pressure to raise the
State's income tax or sales tax, he cut government spending instead.
The New Hampshire Union Leader would later credit Judd as being able to
manage the State through the crisis far better than anyone expected,
and the Wall Street Journal ranked him ninth in its Good Governor Guide
for cutting spending and keeping a lid on taxes during a serious budget
crisis.
In 1992, Judd decided to run for U.S. Senate on his strong record on
environmental protection and fiscal discipline. He won a close race.
Upon arriving in this Chamber, Judd immediately set out to work for the
people of New Hampshire. I know one of the things he is proud of in his
nearly 17 years in the Senate is the work he has done to protect more
than 300,000 acres of land in New Hampshire from development. He can
also be justifiably proud of the remarkable work he has done as a
Republican, the top Republican on the Senate Health, Education, Labor,
and Pensions Committee, and, most importantly from our Conference's
point of view, on the Budget Committee, where his knowledge and command
of the issues always impressed the rest of us. He was clearly the right
man for the job. When the budget came up, I think we would all agree on
our side of the aisle, when Judd stood up and had something to say,
everybody quieted down and listened. You can't say that about all of us
on every issue all of the time. We recognized his talents from the very
beginning.
Just 2 years after arriving here, he was selected to serve as chief
deputy whip as well as cochairman of Senator Dole's Senate agenda
committee, a working group tasked with developing and managing the
Republican agenda at that particular juncture. It was the first time in
20 years that a Senator from New Hampshire had served in a Senate
leadership role.
He never hesitated to work across the aisle to get things done. Judd
understood that to make something happen in this body, as he just
described, it happens between the 40 yard lines, and that means both
sides have to participate. He teamed up with Senator Kennedy to
coauthor No Child Left Behind. Referring to that particular
accomplishment, Judd once said:

I don't think any of us ever gave up our basic principles .
. . Ted just understood that even though he had strong
beliefs . . . he understood you had to legislate to
accomplish that. There was no point in just standing off in
the corner and shouting.

History will remember that Judd also played a central role in
Congress's response to the financial crisis of 2008 which we all
remember very well. With our Nation on the brink of economic collapse,
I was to select one person to represent our point of view at that
critical moment. The choice was completely obvious, the one person we
had who everybody knew had no other agenda and would at the end of the
day do what was right for the country. So I made him the top Republican
negotiator on the Emergency Economic Stabilization Act, now infamously
referred to as TARP. His top priority then and throughout the entire
debate over the effort was to ensure that the original package
protected taxpayers by including language in the bill that stated all
proceeds from the paybacks would go to reducing the debt, and he did a
fabulous job.
It was because of Judd's principles, intelligence, common sense, and
ability to work across the aisle, as I indicated, that I asked him to
join my leadership team after I was elected Republican leader. I have
relied on him heavily these last 4 years. Judd has been right in the
middle of every legislative debate we have had since I have been in
this position. He has never disappointed. He has been so effective, in
fact, that Senator Reid gave him a couple of nicknames late in his
career. First he called him the ``see-if-we-can-mess-up-the-legislation
guy.'' After that, he described Judd as ``somebody who comes into a
basketball game, not to score points, just to kind of rough people up,
just to kind of get the game going a different direction.''
I think Judd and I would both agree that is a heck of a compliment.
In fact,

[[Page 19826]]

this is Senator Gregg's reaction to those nicknames given to him by the
Democratic leader:

I appreciate the Senator's comments. I take them as a
compliment. I have been active legislatively. That is,
obviously, our job.

It is funny how people see things differently. I never saw Judd as a
Bill Laimbeer-type player out on the court just to rough people up. I
always saw Judd--sticking with the basketball metaphors for a moment--
as the intelligent point guard, as the ideas guy with the extraordinary
judgment, as the type of guy who could see the whole floor, the big
picture, and could make the unselfish play that would win the game.
Over the years, that is exactly what Judd did for our team. He has
been instrumental in our efforts to hold the line, slow down or call
out the Democrats these past 2 years in particular on an agenda that we
viewed as deeply harmful to our future. He has been an indispensable
member of the team. In fact, I am not sure where we would be now
without him, and sometimes I have wondered where we will be a few years
down the road without him. But he leaves his example, and he leaves the
knowledge he has passed on along the years, and we will all continue to
draw on that in the years ahead.
Judd was recently asked what the hardest thing about being a Senator
was, and he answered without hesitation. The hardest thing was being
away from his family. It is another principle on which he never, ever
hedged.

I made a decision early on in my career which I've carried
throughout my career--that if the choice was between being
here and being with something that was important to my
family, I would be with my family. Maybe my children feel
differently, but I don't think I have missed anything that
was really critical in their upbringing.

Which brings us to Kathy, as Judd indicated, a wife of 37 years, a
cherished member of the Senate family. We are so grateful for Kathy's
grace and patience with the demands of public life, along with her
important work in education, promoting the arts, the environment, and
historic preservation, as well as her work in raising awareness about
child abuse. Somehow, she and Judd's three children--Molly, Sarah, and
Joshua--managed to put up with Judd's three decades of public service,
and we thank them all for sharing Judd with us all these years in
Washington.
One of Judd's greatest assets as a Senator has been his profound love
for this institution and his gratitude for having had a chance to serve
as a Member of it. He never took this place or this job for granted. As
he once put it:

From my first day in the Senate to today, I remain in awe
of this fabulously interesting place. When I'm on the floor
and I look around and take in its history, it never ceases to
hit me that this is the most successful deliberative
democracy in history. It's an honor to serve there.

To say that I tried to convince Judd to stay is an understatement.
But he knew it was his time to move on and to write the next chapter
in his life. While Senators come and go all the time, I cannot help but
note that when Judd walks out of this Chamber--when he walks out of
this Chamber for the last time--he will leave an enormous void.
So I will close, old friend and colleague, by saying you certainly
are going to be missed. We wish you well in your future endeavors.
Thank you for your service. You have done an extraordinary job.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. ENZI. Mr. President, I want to say a few words about the Senator
from New Hampshire as well.
I have had the pleasure over the years of serving with him and
watching him and learning from him, as we did once again today. It is
always amazing at these going away speeches that we learn things we did
not learn about them during the 18 years they served. So I appreciate
Senator McConnell's comments and some new insights there.
But I know Senator Gregg at one time moved from being the chair of
the Health, Education, Labor, and Pensions Committee to being chair of
the Budget Committee, and that gave me the opportunity to be the
chairman of the Health, Education, Labor, and Pensions Committee. For
that I will always be grateful, and I hope I have made good use of the
things he taught me when he was in that position.
Over the years as we have watched Senator Gregg in action in
committee or on the floor we have all learned a lesson or two about how
to be a more effective Senator. That is why when I look back on Senator
Gregg's career, I will always think of him as one of the best of my
Senate mentors. Over my 14 years in the Senate, I have learned more
from him than almost anyone else.
I know no one knows better how this Senate operates and the
procedural details than the Senator does. If I were on the other side
of an issue and I saw Senator Judd Gregg getting up to plead his case,
I know I would feel a sense of grave concern as I listened to him that
would only increase in strength and intensity. It is always a worry for
either side when he unfolds, if he might be on the opposite side. But,
on the other hand, if he is on the floor to express support for my
position, I would sit back, relax, and watch him in action with great
relish.
He is a brilliant legislator and orator because he is always one to
follow the admonition of Rudyard Kipling to ``keep your head when all
about you are losing theirs and blaming it on you.'' Once he had
determined the right thing to do and how to do it, he would very calmly
come up with a plan of action that made it happen, and then follow his
strategy step by step without ever wavering from his plan.
In all my years of public life, as an observer and a participant, I
do not think I have ever worked with anyone quite like him. No one
speaks better off the cuff than he does. Even in a few casual remarks,
his context and focus showcase his natural talent for the art. He knows
the right words to say and how and when to say them for maximum impact.
That means more often than not he knew how to present the perfect
argument that could not be refuted. Year after year, that great talent
has shown itself on the floor and in committee as he took a more and
more active role in our deliberations on a long list of subjects,
including but not limited to budget reform, education reform, and
entitlement reform. He has, for instance, been a very strong supporter
of the need for Congress to take action to address the problems
currently facing Social Security, Medicare, and Medicaid. This has been
most recently evident as the ranking member of the Budget Committee and
an active member of the President's National Commission on Fiscal
Responsibility and Reform.
To put it quite simply, during his service in the Senate, he has been
the younger generation's best friend, as he has done everything he
possibly could to ensure that our children and grandchildren would have
it as good as we did--if not better.
Senator Gregg has been a true leader on budget reform issues for his
entire public service career. One of his greatest successes as the
chairman of the Budget Committee was the passage of the Deficit
Reduction Act in 2005. It was the first time in 8 years that the
Congress took the necessary steps to curb entitlement spending and
begin to put our country's fiscal house back in order. In his own
words, Senator Gregg said the following on December 21, 2005:

This bill represents a reduction in the federal deficit of
nearly $40 billion over five years. Yes, there is more to be
done, but it is a step in the right direction . . . It is my
hope that the Congress will continue the hard work we have
done here, by seeking to reduce the rate of growth of
government at every opportunity. By focusing on how to make
government programs work more effectively and at a lower
cost. And by making fiscally responsible decisions about what
kind of economic future we want to leave to our children and
grandchildren.

As an accountant, Senate colleague, and his friend, I could not have
been more proud of the bold step Senator Gregg took in addressing our
Nation's deficit by drafting, promoting, and ultimately enacting the
Deficit Reduction Act. We will miss his leadership on the Budget
Committee.

[[Page 19827]]

As a member of the Health, Education, Labor, and Pensions Committee,
it was good to have a chance to see how well he worked to get things
done in committee. For example, he worked well with Senator Kennedy on
creating and passing the No Child Left Behind Act. He was able to bring
together Senator Kennedy and President Bush to work on a common goal
for our Nation's children and our country's future.
What he was able to accomplish during those days has made a
difference and it will continue to do so for many years to come.
Because of the work he has been such an important part of, countless
Americans are living better, more rewarding, and more fulfilling lives
all over the country.
Needless to say, the people of New Hampshire were very fortunate he
was willing to serve in so many posts over the years. I have no doubt
his insights on the law and how it affects the people back home come
from his experience on every level of our government.
Since he first arrived in the Senate, with every trip home his
constituents would tell him how the changes in the law were affecting
them and their businesses and, if they are like the people of Wyoming,
they also gave him some very valuable suggestions on what we could do
in the Congress to address their concerns. I always tell my
constituents to share their good ideas with me. It is my secret weapon
and it really helps me to make a difference. I am sure it has been the
same for him.
I do not know what he has planned for the coming years, but one thing
I feel certain about: We have not heard the last from Judd Gregg. That
will be a good thing for all of us, as well as the younger generation
who is very concerned about the legacy we are leaving behind for them.
As he has pointed out repeatedly, it would not be fair for us to
continue to spend their inheritance to such an extent that they will be
left with a huge deficit and an economy so slow and weak that they will
not have any possibility of paying it off without a great deal of pain
and difficulty. They are counting on us to do the right thing to ensure
they have the same advantages and ability to access the American dream
we have had.
There is an old Native American saying: We have not inherited the
Earth from our ancestors, we are borrowing it from our children. If we
follow this lead and use that frame of reference as our guide, we will
be able to ensure their future will be as promising as they have every
right to expect and demand.
As the end of the current session of Congress approaches, I know I am
not the first, nor will I be the last to say thank you, Judd, for your
willingness to serve the people of New Hampshire and the United States
for so long and so well. Most of all, thank you for your friendship and
for serving as such a great resource for us all during your service in
the Senate.
Before I close, I know I would be remiss if I did not also say a
quick thank-you to your wife Kathy. As we both know from serving in the
Senate, there are a lot of late nights, trips both home and abroad with
little notice, and a lot of other things we have to deal with because
they come with the job. Our wives never complain, but we both know they
have every reason to do so. They probably do not because they know, as
well as we do, we could not do what we do without them by our side.
They are our greatest supporters, our best friends, our most trusted
political advisers, and the ones who always make sure we are heading in
the right direction.
So while I am thanking you for your service, I think Kathy deserves a
word of thanks too. Together you have been a remarkable team, and that
is why New Hampshire is so proud to claim both of you as their own.
In the days to come, Diana and I will not be the only ones who will
miss you and Kathy. Fortunately, we know where to find you--right near
the ocean. We had so much fun there when we had the chance to explore
it with you both earlier this year. The fishing was pretty good and the
scenery was just magnificent. Just let us know when the fish are
biting, and we will be there. Come to Wyoming anytime. Good luck in
your future. Thanks for all you have done for us.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mrs. SHAHEEN. Mr. President, I am honored to be here on the floor
today to join Senator McConnell and my other colleagues in recognizing
the service Senator Judd Gregg has provided to the people of this
country, and for us, importantly, to the people of New Hampshire.
I have had the good fortune to know Senator Gregg since I first got
elected to public office. In the New Hampshire political tradition, you
learn to work together with people on both sides of the aisle for what
is in the best interests of New Hampshire. Senator Gregg has been a
fine example of that tradition.
I have enjoyed working with him over the years, and his presence in
the Chamber and the Senate halls will be missed both by me and, as we
have already heard, by the rest of our colleagues. I think, as Senator
Gregg was giving his remarks, the number of Senators who were here to
say goodbye shows the respect and how much he will be missed by all of
our colleagues.
Throughout my own public life, I have always appreciated the civility
and generosity Senator Gregg has shown me. When I was elected to the
State senate in New Hampshire, it was then-Governor Gregg who swore me
in for the first time. When I was elected to the Senate, he was the
first Republican to call me, not just to offer his congratulations but
to offer his advice and help in getting started in Washington.
The Senator and I have followed similar paths to the Senate, although
his service has been longer than mine, although we are the same age.
So I will not say your service has been older than mine, Judd.
But I think that experience--both of us having served as Governor,
leading New Hampshire--has given us a much more similar mindset than
most people would expect. I think it contributes to our concern about
controlling the debt and ensuring that this government is functioning
in the best interests of all of its citizens. I, again, appreciated his
commitment to addressing that debt for future generations in his
remarks this afternoon.
While we have not always agreed on the best approach to solve those
problems, Senator Gregg's civility has never wavered. Since coming to
the Senate, I have noticed that he extends that same civility and
courtesy to colleagues on both sides of the aisle. In a town that is
not always known for its good manners, Senator Gregg reminds us we can
disagree without being disagreeable.
Senator Gregg, of course, is known for his expertise on budgetary
matters and his dedication to one of the gravest issues that faces this
country; that is, its rapidly ballooning deficit. His expertise will
not be easily replaced, especially at a time when our Nation so
urgently needs a New Hampshire-style approach--strong, bipartisan, and
no-nonsense. It is a concern about the deficit that we share, and I
hope in some small way I can continue his search for solutions to this
challenge.
What might be less known to people in Washington--although Senator
McConnell mentioned it--is Senator Gregg's passion for the preservation
of open lands. He is a conservationist in the fine Republican tradition
of Teddy Roosevelt, and he has helped preserve New Hampshire's
wonderful legacy of forests and lakes.
For those of you who may some day visit the New Hampshire statehouse,
you will be surprised to see that Senator Gregg appears in his formal
gubernatorial portrait in the mountains of New Hampshire, as I think is
fitting for somebody who cares so much about the environment.
In 2001, when I was Governor and Senator Gregg was here, we worked
together to preserve the Connecticut Lakes Headwaters. At more than
171,000 acres, it was the largest contiguous block of land in New
Hampshire

[[Page 19828]]

in private ownership, and with his leadership we were able to ensure
that future generations could enjoy the beauty of this beautiful
working forest and part of New Hampshire.
As another well-known Senator--again, one that Judd alluded to when
he spoke--Daniel Webster once said:

We have been taught to regard a representative of the
people as a sentinel on the watch-tower of liberty.

In Congress and the Governor's office, in Washington and in New
Hampshire, Senator Gregg has served as that sentinel. He will be
missed. I join my colleagues and the people of New Hampshire in wishing
him and Kathy and their whole family well in all of their future
endeavors.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, as I listened this afternoon to Senator
Gregg's farewell address, I thought about how much all of us who have
been privileged to serve with him will miss his wisdom. But for me, the
loss will be even more intense, for there is no one to whom I have
turned more often for advice during the past 14 years than my neighbor
from New Hampshire--unless, of course, it was his wife Kathy, who also
gave very good advice.
Judd's extraordinary knowledge of so many issues, his keen insights
into policy and politics, and his abiding friendship have meant so much
to me. I truly cannot imagine a debate in this Chamber about the
budget, spending, entitlement programs, or taxes without his leading
it. Given his strong work ethic, his commitment to the prosperity of
future generations, and his unwavering dedication to doing what is
right, I am confident his clear call for action on our fiscal crisis
will continue to be heard and to be influential in the debates ahead of
us.
Raised in a family devoted to public service, Congressman, Governor,
and now Senator Gregg has always been guided by the principle that the
public interest is paramount and the public's trust is essential. As a
strong voice for fiscal discipline and a champion of bipartisan
solutions, Senator Gregg has always upheld those principles.
Senator Gregg faced up to the looming entitlement crisis and our
inequitable tax system by introducing comprehensive, bipartisan bills
to address both concerns. His sponsorship of legislation early this
year to establish a bipartisan commission on fiscal responsibility
brought to the forefront of the national debate our debt--a debt that
America can no longer ignore.
Senator Gregg's service on the President's commission demonstrated
his determination to present to the American people an analysis of the
tough choices we must face and the means to return to fiscal sanity. As
always, Judd has been dedicated to one goal: ensuring that our
country's children and grandchildren inherit a just and prosperous
nation where the American dream can still be a reality for millions of
hard-working families. The idea of saddling future generations with
trillions in unpaid bills has always been an anathema to Senator Gregg.
Although fiscal issues have been Judd's passion, the soaring and
unsustainable debt has not been his only focus. For example, two years
ago, Senator Gregg helped lead a coalition that called for a bipartisan
national summit to develop an energy strategy for our country. He
recognized and warned against our over-reliance on foreign oil as a
threat to our Nation that forces one energy crisis after another on the
businesses and families of our great country. Senator Gregg has been a
powerful advocate for a common-sense, achievable energy policy that
balances increased domestic production, conservation, and the
development of alternative and renewable fuels. As his colleague from
New Hampshire mentioned, Judd's work to preserve open space in New
Hampshire has led to the conservation and protection of more than
330,000 acres of sensitive land, leaving a tangible legacy for future
generations to enjoy.
Senator Gregg is also committed to strengthening our national
security. In 2005, I was honored to join with him and thousands of
people throughout Maine and New Hampshire in saving the Portsmouth
Naval Shipyard, which is, by the way, in Kittery, ME, not Portsmouth,
NH, but it was indeed a joint effort. Standing together under Senator
Gregg's leadership, our two delegations, working with the people of our
two States, prevailed. In addition to saving the shipyard, Judd has
been in the forefront in strengthening and modernizing it. Thanks to
his efforts, the U.S. Navy submarine fleet remains unsurpassed as our
Nation's shield and our sword.
As chairman for years of the Homeland Security Appropriations
Subcommittee, Senator Gregg recognized the threat we faced from radical
Islamic terrorism, and he ensured that the resources were provided to
help protect our homeland, while eliminating funding that was
ineffective or extravagant.
This is quite a career. Throughout his long and distinguished life in
public service, Judd Gregg has been a champion of good government, an
independent and creative thinker, and a bipartisan problem solver. He
has fought for the public interests and has earned the public's trust.
I know that, not only the people of New Hampshire and Maine, who know
him well, but people all across this great country join me today in
thanking Senator Judd Gregg for his exceptional leadership, countless
accomplishments, and fierce dedication to our country and the State he
loves so much. We wish both Judd and Kathy all the best.
Thank you.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, during the 1980s, somehow the Senate
took a survey among themselves about who was the most admired Member of
the Senate, and according to press reports, Senator Howard Baker of
Tennessee was the most admired Senator by both Republicans and by
Democrats. If such a survey were to be taken today, Judd Gregg would
certainly be at the top of that list for most of us. There is not a
better Member of the Senate.
Much has been said about him, so I will say three things quickly
because there are other Senators who wish to speak. First, Judd Gregg
is of New Hampshire, not from New Hampshire. Sometimes we say, Senator
so-and-so is from Tennessee or from New York or from South Dakota or
from Maine, but the Senator whose roots are where roots are supposed to
be is ``of'' his State. Judd Gregg sounds as though he is from New
Hampshire. He acts as though he is from New Hampshire. He is from New
Hampshire. He votes as though he is from New Hampshire. The Old Man of
the Mountain, which was a rock up in New Hampshire, could be seen by
those who drove by it. The rock fell down a few years ago and I
thought: Well, maybe the best way to replace it is to put Judd Gregg
back up there because he is of New Hampshire.
Second, Judd Gregg is a very good politician. I know that from direct
experience. There is such a thing as the ``Gregg machine'' in New
Hampshire. Those who have the temerity to run for President find that
out. It was on the other side of my efforts when I was there, and to
give an example, one day a reporter asked me: Well, Mr. Alexander, what
is the price of a gallon of milk? Of course, I knew what a gallon of
milk costs, but I made the mistake of turning around to someone and
asking, just to make sure what it was. A press person overheard it, and
the next thing I knew, the ``Gregg machine'' had spread that story all
over the state that this fellow in a red and black shirt didn't know
what the price of milk was. So they are a very intimidating, effective
crowd in New Hampshire.
The third thing, the final thing I will say about Judd is one reason
I admire and like him so much is that I so often agree with him. I
agree with him on conservation issues, on education issues, on fiscal
issues but especially on his view of this body, which he expressed so
eloquently many times but especially in his remarks today. Judd Gregg
knows and understands that this body is the Citadel of the protection
of liberty in our government. He

[[Page 19829]]

said that today. It is the place where we avoid the tyranny of the
majority. It is a place where the voices of the American people are
heard, where we have open amendment and open debate. He has been an
effective advocate for that. He understands we are not just a debating
society, but that in the end, we are a governing body; that the purpose
of our 60-vote majority is to force consensus and a compromise so we
can act, so we can do our job.
Judd leaves a wonderful legacy. He has many friends here. He will
continue to have many friends here, this Senator who is of New
Hampshire, who is a pretty good politician and with whom I so often
agree. My special best wishes to his wife Kathy, with whom I also
agree. Thank you.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Thank you, Mr. President. I appreciate the Senator from
South Dakota allowing me to speak for about 60 seconds. I don't give
long speeches on the floor. I seldom use notes. I know Senator Gregg
knows this, but I have been here 4 years, and I can honestly say one of
the greatest highlights of my 4 years has been being able to serve with
Senator Gregg. I know of no one in the Senate whom I hope to be
remembered even close to as far as my service. I know of no one whom I
think creates a better example for those of us in the Senate. I know of
no one whom I respect more than Senator Gregg. I know he knows that. I
know his wonderful wife Kathy knows that.
I think, upon his departure, there will be a tremendous vacuum. I
think all of us understand what each of us is going to have to do to
try to fill a component of the shoes of the Senator from New Hampshire
or the example he has set.
So I just want the Senator to know he certainly has raised my
thinking as to what it means to be a Senator in the Senate. Each of us
have frailties and each of us have strengths. There are always going to
be occasions when Senators cause us to rise because they inspire us.
They do things that are inspirational. There are always going to be
times when Senators disappoint us because we are human beings, and that
is the way human beings are. But I can say that you, more than anybody
in the Senate, have caused me to want to be better more times than
anyone and have disappointed me fewer times than anybody in the Senate.
I will miss you. I wish you well, and I thank you for being my friend.
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. THUNE. Mr. President, I ask unanimous consent to speak for up to
15 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. THUNE. Mr. President, I also wish to join with my colleagues
today before I speak to the issue of the day and express my
appreciation to Senator Gregg for his great service to this institution
and to our country. I think it is fair to say there is nobody quite
like Judd Gregg. He truly is one of a kind.
I remember when I first got here, I thought he didn't like me, and
maybe he didn't like me, but I concluded that part of that was just his
serious demeanor. He is a guy who means business. Once you get to know
him, you not only appreciate that side of his personality, but you also
gain an appreciation for the incredible wit and sense of humor he also
possesses. I have had the opportunity to experience that on many
occasions.
I think what the institution is going to miss the most--he is
certainly someone who cares a lot about this country's future and the
policies we put in place--is his abilities, his great skill and his
great talent. It will be a real loss to the Senate because Judd Gregg
has a mind like a steel trap. He is able to analyze with great
effectiveness the issues of the day and to explain them clearly. He is
someone in whom I have tremendous respect. He has been a great mentor,
a great leader, and someone, as I said before, we are going to miss
around here.
I can't say enough about how much I appreciate his service and the
service and the sacrifice his family has made. He has served in public
life for many years, both as a Congressman, Governor, and a Senator.
His wife Kathy, similar to many of our wives, puts up with a lot of
things. Judd, similar to me and many of my colleagues, I think, I would
say probably married over his head or, as one of my friends said,
outpunted his coverage. But we are grateful to his family.
We are going to miss the many contributions he has made, but probably
none more than the passion with which he approaches this job and the
passion with which he approaches building a brighter and better and
stronger and more prosperous future for future generations. There has
been no clearer voice on the issue of fiscal responsibility, no clearer
voice when it comes to the important task we have in front of us, to
insist that we take steps and we put policies in place that will make
the country stronger and better for future generations.
So I wish to compliment as well my colleague from New Hampshire. I
have heard from folks from other parts of the country. As someone who
comes from the Midwest, I wish to say how much I appreciate Judd Gregg,
the incredible contribution he has made, and I, similar to so many
others, will miss him greatly.
Mr. President, let me, if I might, speak to the issue before us
today. We are debating a tax proposal, and on January 1 of 2011, just
17 days from now, families and small businesses across this country are
going to see their taxes go up if Congress doesn't take action on the
tax relief proposal that is currently before the Senate. There are
elements of this proposal I don't like. I think it is fair to say there
are a lot of us here who, if we were able to write this, certainly
wouldn't have written it in the fashion we have in front of us today.
But letting the perfect become the enemy of the good will result in one
thing and one thing only; that is, higher taxes across America in 2
weeks.
It is easy to stand on the sidelines and to criticize this proposal,
and it is perhaps even politically expedient to stand on the sidelines
and criticize this proposal. But let me make one thing very clear.
Advocating against this tax proposal is to advocate for a tax increase,
and that is something we cannot and the American economy cannot afford.
It would be great if we could wait a few weeks, until we have a
changeover in the Congress. Frankly, I would be very happy to see a
bill written a few weeks from now when the newly elected Republicans
are going to be sworn in. But that is a luxury that doesn't exist
because of this reality that we have--this deadline looming in front of
us. If we wait for the perfect proposal, the perfect agreement, then
American families and small businesses are going to pay higher taxes
just 2 weeks from now. That is not a scare tactic, that is not
political posturing, that is simply a fact.
Taking action now to prevent this tax increase would do a number of
things. First, it would protect 21 million households from being hit by
the alternative minimum tax in the year 2010. It would preserve relief
from the marriage penalty. There are many provisions of the Tax Code
today--some of which have been addressed in previous tax law, expiring
tax law--that lessen the impact of being married. Ironically, in the
Tax Code, we punish people for being married in this country. Taking
action now would prevent job-killing tax increases on many of our small
businesses across this country, and it would protect farmers and
ranchers from the death tax that would confiscate over half the value
of the family farm.
What happens if we don't pass this tax proposal? Well, according to a
number of economists, we would see a drop in the gross domestic product
from somewhere between 1.7 percent to 2 percent. That is according to a
number of private economists. Even the Congressional Budget Office
suggests we would see about a 1.4 percent negative impact in our
economy, in the gross domestic product, if we don't take the action
necessary to prevent these tax increases.
Failure to act now, according to the Tax Foundation, with regard to
my

[[Page 19830]]

State of South Dakota, would cost the average family in South Dakota
about $1,700 a year in higher taxes. The average American household
would be faced with higher taxes to the tune of about $3,000. If we
don't take the steps that are necessary to address the death tax on
January 1, the death tax kicks back in at $1 million--a $1 million
exemption--and everything above that would be taxed at 55 percent. So
imagine the impact on a farmer, a rancher, a small businessperson in
this country, who is trying to pass on that operation to the next
generation, and what this would mean in their ability to do that.
As I said earlier, this is not a perfect agreement, but no compromise
is. The fact we are dealing with Democrats, who still run both the
House, the Senate, and the White House, if we want to stop taxes from
going up on everyone, then we are going to have to figure out a way to
get that done. And if we stand around trying to debate the perfect,
then taxes are going to go up on families and businesses and our
economic recovery is going to stall out.
I think it is also important to note that it will send a negative
message to the financial markets. If we don't take action to address
this crisis looming in front of us on January 1, we can expect the 9.8-
percent unemployment rate could go significantly higher.
I would simply argue that inaction is not an option, and advocating
against this proposal is no different than advocating for higher taxes.
I hope that my colleagues will see their way to support this today and
to support it in big numbers. It will go from here to the House of
Representatives, and they will look closely at the vote coming out of
the Senate. I think it is fair to say, if and when it gets to the House
of Representatives, it will pass provided the Senate sends a very
strong message--a message I think consistent with the will of the
American people. In fact, according to public opinion polls, one as
recent as this morning, 70 percent of Americans believe and agree this
tax proposal ought to be enacted and signed into law.
The real issue that I think affects our fiscal situation in this
country isn't the fact we don't have enough revenue, it is that we
spend too much. If we look historically--and it is an empirical fact--
at what happens when you lower taxes--look at John F. Kennedy, at
Ronald Reagan, and George W. Bush in recent history--anytime you lower
marginal income tax rates, taxes on investment, you get more revenue,
not less revenue. That is an empirical fact. You also get a growing
economy. When you have a growing economy, it is obviously creating more
jobs, and that is what we want to see happen. We want to get this 9.8-
percent unemployment rate down.
I would argue that the issue we have in front of us with regard to
spending and deficits and debt doesn't have to do with the fact we
don't have enough revenue, it has to do with the fact that Washington
spends too much, and that is where we ought to be targeting and
focusing our efforts.
Historically, if you look at the last half century, I think the
amount we spend for our government as a percent of our gross domestic
product hovers somewhere in the 20\1/2\ percent range. Today, it is
about 24, 25 percent we are spending on government as a percentage of
our total economy.
We have complicated and added to that burden by enacting major
legislation in this last year. The massive new health care entitlement
program, when it is fully implemented, will cost on the order of $2.5
trillion. We have lots of other legislation that has moved through
here. The stimulus bill passed earlier this year was $1 trillion of
borrowed money, which didn't have the desired impact. The one thing we
know with certainty is that--at least based on history--when you raise
taxes, you get fewer jobs; when you lower taxes, you get more economic
activity, more jobs for the American people and, frankly, more revenue.
That helps to deal with the issue of the deficit and the debt.
In this particular proposal there is some new spending. There are
unemployment benefits included. I would like to have seen that offset.
I had an amendment that would do that, that would pay for the
additional spending in this bill. We are not going to have the
opportunity to offer amendments, but there will be a couple of motions
offered by my colleague from Oklahoma, Senator Coburn--motions to
suspend the rules and pay for the additional $56.5 billion in new
spending as a result of extending unemployment benefits in the bill. I
think that is important for us to do.
Since we got into this recession, we have spent, I think, about $124
billion, borrowed from future generations for these extensions that we
continue to pass for unemployment benefits. This particular one would
take us up to almost $180 billion in borrowed money to pay for these
benefits. It makes sense, in my judgment, when you are spending new
money, you should offset or pay for that. Frankly, I would like to see
that as part of this proposal. It is not in there. As I said, I have an
amendment to rectify that, which won't be considered because we are not
being given the opportunity to offer amendments. But I will support the
motion to suspend the rules and pass a pay-for for the unemployment
benefit extension the Senator from Oklahoma will offer later.
All that to say again the real issue here, in my judgment, comes down
not to an issue of revenue but it comes down to an issue of spending. I
think the American people recognize that. I think that is why there is
such broad public support for this tax proposal, because the American
people recognize that you can't raise taxes in the middle of a
recession and expect the job creators in this country--our small
businesses--to create jobs. It is counterintuitive and it defies all
empirical knowledge and experience that we have to suggest otherwise.
On the other hand, the American people do believe that government has
gotten too big, that it is growing too fast, and it needs to be reined
in. That is where we have to attack the spending side of this equation.
I believe when the new Congress is seated next year there is going to
be an intense focus on this issue of spending, and it is high time that
happen, because it is high time we get the debt and the deficit issue
that will plague future generations under control. The real issue
doesn't have to do with revenue, it has to do with spending.
So I would urge my colleagues to support this proposal. As I said
earlier, it is not perfect--certainly not in my estimation, nor I think
in the eyes of many people who have looked at this. But on the other
hand, it does prevent us, on January 1, from seeing a massive tax
increase--the largest tax increase in American history--start to hit
American families and American small businesses. That is why I hope we
will pass it out of the Senate with a big bipartisan vote.
Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Manchin). The Senator from Iowa.

For-Profit Education Investigation

Mr. HARKIN. Mr. President, for more than 50 years, the Federal
Government has provided students with grants and loans to help pay for
college. That is a public-private partnership between the government
and the students, between our taxpayers and students. It is an
investment premised on the idea that a higher education will improve
life for the borrower and also will strengthen our society by giving
more Americans the knowledge and skills to get better jobs and to be
able to give back to their communities.
I know firsthand how higher education can transform one's life. I
went to college on student loans and to law school on the GI bill. That
is why I have spent my career in Congress fighting to ensure that all
students who wish to learn, who wish to get a college degree, also have
the opportunity to do so. I have worked on the Appropriations Committee
to expand funding for Pell grants and student support programs. And
now, as the HELP Committee chairman, I have worked to expand Pell
grants to make sure our student loan programs are well run.
For the past 2 years, Congress has provided significant resources to
help students access and finance a college education. In 2008, we
increased the

[[Page 19831]]

amount of Stafford loans that undergraduates can borrow by $2,000 a
year. The Recovery Act of 2009 provided another $17 billion to the Pell
grant program. The recent reconciliation law added another $36 billion
to Pell grants over the next 10 years. So the Congress has made hard
choices to secure these increases for financial aid programs. The money
is an investment in our Nation's students and also in our country's
future. For that investment to pay off, we must ensure that students
are being well educated and that schools are using Federal dollars
responsibly. To ensure our investment is paying off, earlier this year
I initiated an oversight investigation into for-profit education
companies. Education companies that make a profit for shareholders and
investors are growing at an astonishing pace. Enrollments, profits, and
share of the Federal financial aid budget going to those schools are
skyrocketing.
In 2008, these for-profit schools accounted for 10 percent of the
students enrolled in higher education, but those students received 23
percent of Federal student loans and grants and they accounted for 44
percent of the defaults. Again, for-profit schools, 10 percent of the
students, got 23 percent of the Federal loans and grants and accounted
for 44 percent of the defaults.
Confronted with numbers such as these, I became increasingly
concerned a significant share of our Federal investment in higher
education is being misused and that some companies are using the
Federal aid program as a cash machine to drive up profits as their main
purpose. Across the country, some higher education companies are using
a high-pressure sales force, persuading consumers in search of the
American dream to go deep into debt to purchase a product of often
dubious value.
Default rates are sky high, taxpayer money is being squandered, top
executives walking away with fortunes. You might think I am talking
about the subprime mortgage industry, which came crashing down 2 years
ago, because that does describe it. But what I have just described is
also the situation created by many for-profit colleges. Just as in the
subprime mortgage crisis, countless thousands of ordinary Americans are
being harmed by the reckless pursuit of profits by a few.
This summer, I heard testimony from Ms. Yasmine Issa, a single mother
of twin girls. Two years ago, she went back to school to earn her
degree in medical sonography. She went on line, typed in sonography,
and found an advertisement for the Sanford-Brown Institute, part of a
chain of for-profit colleges owned by Career Education Corporation, a
publicly traded company. The folks at Sanford Brown sold Ms. Issa on
the value of their program. They told her how it would help provide for
her daughters, so she enrolled and paid out $29,000 for an 18-month
program.
The recruiters at Sanford-Brown did not tell her that she could have
gone to the local community college and received the same degree for
$7,000. They also didn't bother to tell her that her degree at Sanford-
Brown wouldn't even allow her to sit for the sonography exam. Nor did
they tell her that without passing the exam, she would not be able to
work as a sonographer. So after $29,000 invested, 18 months of hard
work, Ms. Issa couldn't even sit for the exam.
Ms. Issa is not alone, but she and students like her are the reason I
decided we in Congress need to take a closer look at this for-profit
college situation. After three hearings, I believe it is an important
time to report back to the Senate on what we have found to date. So
today I am going to take the time to walk through the findings of each
of these three hearings, talk about the problems facing these students
and taxpayers, and conclude by talking about where the HELP Committee
investigation is going in the coming years.
The first hearing in June asked what are for-profit colleges? We
focused on this issue following dozens of troubling reports about
students being ripped off by for-profit colleges. The New York Times,
Bloomberg News, ``Frontline,'' even Good Housekeeping had reported
extensively about the growth of federally funded, for-profit higher
education corporations. Our first task was to get a sense of what these
for-profit colleges were, how big they were, and how well they were
serving our students. Given that these companies receive almost all of
their revenue from Federal dollars, one would think all of this
information would be easily available to the public and not require a
congressional investigation to unearth. But, unfortunately, that was
not the case.
First, what are for-profit colleges? For-profit colleges or
proprietary institutions, as they are known in the law, are
institutions of higher education that provide a program of training to
prepare students for gainful employment in a recognized occupation.
Essentially, in 1965, we recognized that career or vocational schools,
as they were then known--most of them were privately owned--played a
valuable role in our education system and that the people who attended
the schools should be able to get financial aid to attend them. At the
same time, we required these schools to demonstrate that students were
being prepared for gainful employment in a recognized occupation--
something we do not require of 2- and 4-year programs at public and
nonprofit schools.
Today, we find ourselves in a world where proprietary schools offer
everything from basic school training to liberal arts graduate degrees,
and some for-profit schools enroll not a few hundred students but in
some cases a few hundred thousand students. If these schools were
providing high-quality education for most of their students, those
numbers would be a cause for celebration. Instead, they are a case for
concern, and these concerns are longstanding.
Twenty years ago, former Senator Sam Nunn of Georgia held a series of
hearings looking at the for-profit sector, and because of the problems
he found, he initiated a series of legislative fixes to ensure that
for-profit schools were a good investment for students and taxpayers.
As with many laws, 20 years has taken its toll, and those reforms have
been almost completely rolled back. We find ourselves today facing some
of the same problems, with few tools in place to provide genuine
oversight of our taxpayers' investment.
What has not changed is that, unlike public or nonprofit schools,
proprietary schools are legally bound to operate in the interest of
their owners. As the companies have gotten larger, they have been
transformed from mom-and-pop operations into high-growth, high-
investment, big businesses. Fifteen for-profit education companies that
operate 69 schools with an enrollment of 1.5 million are actually
publicly traded on the New York stock exchange or on NASDAQ. Another 33
for-profit education companies operating 65 more for-profit schools are
at least partially owned by private equity investors or hedge funds.
The result is that the vast majority of for-profit schools have
prioritized growth over education in order to satisfy the demands of
their investors. In fact, growth and return on investment for
shareholders is their legal obligation. So it should not surprise us
that educating students is taking a backseat to just getting more
bodies in the door.
For-profit colleges traded in the stock market are a relatively
recent phenomenon that has created a drastically transformed landscape
for us here in Congress, the legislators. As I said, in 1992--the last
time Congress took a serious look at this sector under Senator Nunn--
there were no publicly traded, for-profit higher education
institutions--none, zero. In 2010, 15 publicly traded institutions
enrolling a million and a half students are in existence. That is just
publicly traded. There are many more that are equity owned, owned by
equity investors or hedge funds, which also did not exist 20 years ago.
To satisfy shareholders, publicly traded schools must constantly
focus on growth, measuring up to Wall Street's laser-like attention to
quarterly enrollment statistics. Publicly traded schools must also
generate higher revenues while keeping down

[[Page 19832]]

costs, including teaching costs. These schools do this by raising
tuition and increasing the number of enrolled students, which in turn
increases the amount of Federal student aid dollars flowing to the
schools. But it does not necessarily do anything about the quality of
the education received.
A focus on growth at the expense of student outcomes is not just the
province of the publicly traded companies. As I said, increasingly,
hedge funds and private equity firms invest in for-profit colleges and
manage the business end of the operation. For example, how many people
know that Goldman Sachs--yes, the same Goldman Sachs--is the owner of
more than one-third of the publicly traded EDMC--that is a for-profit
college--which is the operator of something called the Art Institute
and Brown Mackie? These are colleges; these are for-profit schools. A
vice president and a managing director of Goldman Sachs sit on the EDMC
board. These firms are interested in short-term profit and have little
interest in the long-term educational outcomes of the students
attending the schools.
It certainly is not clear to the students that the school is owned by
a bunch of Wall Street investors. I had this chart printed. These are
not all of them, but these are for-profit schools owned by private
equity and hedge funds that we were able to come up with. How many
students at Rasmussen College or Morrison University or the Institute
for Business and Technology or Beckfield College or Chancellor
University or Ashworth College or Florida Coastal School of Law--how
many students signing up for this know they are owned by private
investors or hedge funds that operate these schools? They sound as if
they are just legitimate colleges.
An estimated 1.3 out of 1.8 million students attending for-profit
schools in 2008 were attending schools primarily owned by Wall Street
investors. Let me repeat that. Out of 1.8 million students going to
for-profit colleges in 2008, 1.3 million students were attending
colleges primarily owned by Wall Street investors. Again, this
landscape was not around 20 years ago. In fact, most of it was not
around 10 years ago.
Here is what the hedge fund owners of Westwood College state on their
Web site:

They always keep their eye on the ball of what is best for
the business over the long term.

Not the students, not the education of students, but they keep their
eye on the ball of what is best for the business, the hedge fund. That
is funny, I thought the ball we should be keeping our eye on is how
good a job we are doing educating students with taxpayer money.
Westwood is under investigation by the attorney general in Colorado.
It has had its operation shut down in Texas, and it was told not to
operate online in Wisconsin. No accrediting agency seems willing to
acknowledge that it accredits this school, yet Westwood College turned
a profit of $46.7 million in 2009. It is owned by a hedge fund.
While we call these schools for-profits to distinguish them from
public community colleges and 4-year colleges and the nonprofit
universities, it is really a misnomer since they are largely federally
funded through student loans, grants, and military benefits. As a group
our committee looked at, these publicly traded companies receive at
least 85.6 percent of their revenue from Federal dollars of one sort or
another. That is for profit?
Under current law, these companies cannot get more than 90 percent of
their revenue from student loans and grants. We call it the 90-10 rule.
To me, that seems like a lot, but for these companies, it is not
enough. According to an internal lobbying document from the Career
College Association released by the New America Foundation, one of the
top priorities for the for-profit college trade association is to roll
back that rule and increase the amount of Federal dollars these
companies can get from the government. Ninety percent is not enough.
They have clearly done a good job since at least six of the companies--
Kaplan, EPCI, TUI, ACC, Remington, and Vatterott--get more than 90
percent of their revenues from the Federal Government.
You might say: Wait a second, Senator Harkin, I thought you said they
were limited to 90 percent by law.
True. Here is how they get around it. The University of Phoenix, for
example, in its SEC filing acknowledged it received 89 percent of its
revenues from Federal financial aid programs. Document requests that we
got indicate they receive an additional 1.5 percent of revenues from
other Federal sources, including military benefits. That means even the
largest for-profit school--Phoenix--is receiving more than 90 percent
of its revenues from Federal taxpayer dollars.
Again, how do they do that? If you get military money, that is not
counted in the 90 percent; that is counted in the 10 percent that is
private. Let's get that again. If they enroll a military person who
gets GI bill benefits and they put it into these schools, that is not
counted as part of the 90 percent. That is what their nice lobbying got
done for them. Some of them get more than 90 percent of their money
from the Federal Government.
So, again, just looking at Phoenix, the University of Phoenix took in
more than $1 billion in Pell grants last year and more than $3 billion
in Federal student loans--$4 billion in revenue from American taxpayers
for just one company in 1 year.
More than 93 percent of the students in these schools take out
Federal student loans. The loans go to these schools. By relying so
heavily on Federal subsidies, these for-profit colleges have privatized
the process of collecting Federal subsidies, but they have left the
students holding the bag for the cost of a subpar education at a very
high price.
Of course, the term ``for-profit'' is not completely misplaced
because, regardless of how poorly students perform, as long as these
companies can demonstrate enrollment growth, they remain profitable. In
2009, the same 30 schools that received 86 percent of revenues from
Federal dollars generated $3.5 billion in profits for the hedge funds,
the equity investors, or stockholders, shareholders.
Last year, together, all the schools had a profit margin of 19
percent. How many businesses in the State of West Virginia have a
profit margin of 19 percent, I ask, or Iowa? But that is the average.
Some schools have profit margins of 33 percent. The highest we found
was a 37-percent profit margin last year. Where did the money come
from? Taxpayers. The taxpayers of America. It is not a bad deal if you
can get it.
Then look at what happened with the executive salaries. That 85 to 90
percent-plus of their revenues coming in from the taxpayers really paid
for some high executive salaries. BusinessWeek recently reported that
the CEO of Strayer, one of these schools, was paid $41.6 million last
year--that is the president of a school--26 times the highest salary
paid to a nonprofit or private university president, probably more than
at the University of West Virginia or Iowa or Iowa State.
Combined, the executives at the 15 publicly traded schools received
$2 billion from the sale of stock over the last 7 years. Let me repeat
that. Over the last 7 years, these executives who run these schools
started dumping stock. They started selling all their stock back. Do
you know what they got? They got $2 billion in the last 7 years from
the sale of their stock.
If they loved these schools so much, you would think they would be
investing the money in the schools, to help some of these students,
maybe tutoring, some kind of support mechanisms for those poor students
who come in who do not have an experience of going to school; that they
would be doing everything they could to make sure students who came in
stayed and did not drop out.
No. They sold stock and walked away with $2 billion in the last 7
years. The co-CEO of the company that owns the University of Phoenix
was paid $11.3 million last year. That is more than 7 times the $1.6
million paid to the highest paid head of a nonprofit--more than 14
times the compensation paid to the president of Harvard.

[[Page 19833]]

Boy, they are walking away with money. Well, that was our first
hearing. What are these schools? Our second hearing that we had in
August, we featured testimony from the Government Accountability
Office, the GAO, focused on how for-profit schools go about recruiting
students. We had heard companies--these for-profit schools--complain
that their rapid growth was nothing more than students voting with
their feet.
Unfortunately, the GAO and our witnesses, including a former
recruiter at Westwood College, I just mentioned, made clear that for-
profit college growth is actually the result of an aggressive, well-
funded marketing effort by the schools, including lies and deception.
Using undercover agents and hidden cameras, GAO presented a troubling
picture of student recruitment. Undercover investigators from GAO
visited 15 campuses of 12 companies and they found misleading,
deceptive, overly aggressive or fraudulent practices at every one of
those campuses, every single one.
We watched the films. We watched. They had these little hidden
cameras and microphones. We watched them in our committee hearing.
Startling. Startling. Students were lied to and misled about the costs
of the program, about what they could expect to earn, about how many
students graduated, whether their credits would transfer, and whether
the program was accredited.
They were misled about whether their student loans were dischargeable
in bankruptcy and even were prevented from having a conversation with a
financial aid officer until after they signed on the dotted line. So
you sign on the dotted line. Then you get to talk to the financial aid
officer.
That does not happen at West Virginia University or Iowa State. You
can see the financial aid officer and see what you are eligible for
before you decide to go there.
I wish to digress for a minute about these loans being dischargeable
in bankruptcy. That is one thing very few of these students know. Let's
face it. A lot of these students come from low-income families--and I
will get to that also in a minute--and they have not probably had a
good educational experience in secondary school, but they want to
better themselves.
So they listen to this high-pressure sales tactic. They get these
kids online and stuff and they call them on the phone and they say: Do
not worry about anything. We will fill out all the paperwork. We will
take care of all the paperwork, and based upon what you said, you are
eligible for this much Pell grant--you will get the money--and loans
and you can get these Federal loans. We will take care of all the
paperwork. You do not have to worry about a thing when you sign up.
What the students do not know is that the loans they are taking out
can never by discharged--never, until they die. We talked a lot about
the subprime and how many people were left with houses they bought that
they could not pay for. Here is one difference. You can walk away from
the house. If you buy a car and you get a loan on a car and you cannot
make it, you can walk away from the car. Students cannot walk away from
these debts. Once that school gets that money and they drop out, they
have that debt hanging around their neck.
You know what happens--and I will get to this letter, too--these
students then cannot go on to another school. They cannot get another
loan. They cannot do anything until they pay that debt. The Federal
Government will be after them on that debt. Even when they get Social
Security, they will go after the Social Security payments.
How many students would borrow $29,000 if they knew that, if they
knew that debt will be yours until you pay it off? They do not know
that. They drop out of school, they borrow the money, they gave it to
the school, and that is it. Not true. Schools do not inform them of
this.
The committee received recruitment training manuals from several
different campuses. They have one thing in common: manipulation. Get
this, and this is written up. They encourage their sales staff to
identify the emotional weaknesses of prospective students, to exploit
the pain, to motivate students to enroll. Again, do not take it from
me. A recent Business Week article described a document from Kaplan
University that urged the recruiters to focus on ``the fear,
uncertainty and doubt of their prospective students.''
These recruitment practices more likely characterize boiler-room
sales tactics than trying to get someone a good education. These
abusive recruitment practices result in students unprepared for or
poorly matched to their academic program, with a high probability of
dropping out, leaving school not with a degree but with a mountain of
debt.
Some for-profit companies spend in excess of 30 percent of total cost
just to fund an aggressive sales force, 30 percent of total cost, just
in their sales force.
Those abusive practices, so widespread that GAO found them at every
campus of every company it visited, are the symptoms of a very sick
industry. While GAO made some minor revisions and clarifications of the
long list of misleading practices it documented--and that the industry
has now tried hard to use to discredit the work of the GAO--the
essential finding stands; that every single school engaged in
misrepresentation, deception or outright fraud.
I urge anyone interested to go to our committee Web site, the HELP
Committee Web site, and listen to those GAO tapes for themselves. In
fact, the 30 companies from which I requested information spent a
combined $4.12 billion in marketing in fiscal year 2009, $4.12 billion
they spent on marketing.
If you say: Well, what is wrong with that? Just think, 86 percent of
that came from the taxpayers. Six companies: Apollo, Walden, Grand
Canyon, Bridgepoint, Strayer, and ITT actually spent more than 50
percent of their revenues on a combination of marketing and profit. So
you add up their marketing and their profit, over 50 percent of their
revenues.
The second HELP Committee hearing made clear to me the problems of
the for-profit sector cannot be chalked up to a few bad actors. The
opportunity for great profits, in spite of poor student outcomes, has
become the business model in this sector. I became worried this
approach, characterized by aggressive recruitment, high cost, high
debt, low graduation rates, was creating a vortex, sucking in even the
good actors in the industry.
Think about this business model. Think about it. If you are one of
these for-profit schools, you make the most money by recruiting the
poorest students, and here is why. Because if you get the poorest
students, they are eligible for the maximum Pell grant. You get the
poorest students, they are eligible for the maximum Federal loans.
That is profit. That is profit to these companies. So that is the
business model. Since they, the companies, are legally bound to try to
increase their returns, either to their equity investors or hedge funds
or their shareholders, they have to have this growth. So they keep
aggressively recruiting more students. The poorer you are, the better
they like it because it gives them more money. Then, if you drop out,
it is no skin off their teeth. They do not owe you anything. So the
poorer students get recruited. They do not get any support or very
little, a little help. They drop out--I have a chart to show you that
after a bit--and they have all this debt and the schools have all the
money. That is the business model.
The HELP Committee held its third and most recent hearing in
September, with a focus on answering the question: What is happening to
all the students whom these schools are pushing so hard to bring in the
door--the ones I just talked about.
Unfortunately, according to information provided by the 30 schools
and analyzed by the HELP Committee, it appears these students are not
faring very well. At the 30 companies we analyzed, 54 percent of the
students who came in the door in the 2008-2009 school year had left
without a degree by the following year. OK. At 30 companies we had
analyzed, 54 percent of the students who came in the door that year

[[Page 19834]]

left the following year without a degree. They vanished--54 percent,
one out of every two, they left. That number is striking.
We know from the Department of Education that nearly every student at
a for-profit college will take out a Federal student loan. Of course,
they will get their Pell grants too. That means more than half these
students are enrolling, being saddled with debt, and dropping out
without a degree.
The numbers are even worse when we look specifically at students
enrolled in associate's degree programs. This chart will show this. The
chart shows the 10 associate's degree programs with the worst outcomes
for students, these 10. The column in yellow shows the percentage of
students leaving--right here. So here is the institution's total
students. Here is the withdrawal rate. This is the withdrawal rate in
the first year; in the first year, 84.4 percent of students from
Bridgepoint who signed up dropped out in the first year. What do you
think happened to their loans? What do you think happened to their Pell
grants? Students get those back? Not on your life. Bridgepoint kept
them, the money went to their shareholders.
In that program, Bridgepoint, 84 percent, nearly all the 7,900
students they have, left before attaining their associate's degree. I
am not talking about a master's degree, I am talking about a 2-year
degree. Nearly 70 percent at the second school, Lincoln, with the rest
in the 60-percent range. So they had 69 percent who did not finish.
Just among those 10 schools, 375,000 students enrolled in the 2008-
2009 school year. Nearly 250,000 dropped out without a degree a year
later--250,000. These are staggering numbers.
Behind these numbers are students who are fed up with the lack of
help or support from the school. They can no longer justify the level
of debt they are taking on because they realize the dream job the
recruiter sold them on is not waiting at the end.
I should be clear, these are not the complete dropout rates. More
students are actually likely to quit by the time we would actually
measure that. These are students who are gone within 1 year, many of
whom never even register in the Department of Education's annual
enrollment count.
Guess where they are counted, though. They are counted by investors
looking to value the company and measure its likely profit. So when I
say all these students dropped out, that is just 1 year. How many
dropped out the second year? We do not know that.
Let me focus, for a moment, on Bridgepoint. Bridgepoint operates
Ashford University and is based, sort of, in Clinton, IA. A group of
private equity investors purchased a small Catholic school in 2004,
when it had about 375 students. In 2004, this small Catholic school in
Clinton, IA, had 375 students. They transformed it into a for-profit
school. It now has 67,000 students, a 17,000-percent increase in
student population in 6 years, 17,000 percent.
Ashford still operates the small campus in Iowa. About 600 students
go there. The other 67,000 take classes online. I, obviously, was very
interested to know how the heck they can be doing such a good job for
students with that kind of growth. What the data we have collected for
our investigation can tell us, for the first time, is they are not
doing a very good job for their students.
Eighty-four percent of the students seeking an associate's degree and
63 percent of bachelor's degree-seeking students leave Ashford within 1
year, without finishing their programs.
But look at the growth--17,000 percent growth. This is not terribly
surprising because Bridgepoint offers no tutoring or other student
services. If a student starts to have difficulties at Ashford online,
they have two options: talk to their part-time teacher online or ask
the computer avatar, who is the online student resource center.
Should a student succeed in completing a degree at Ashford, they had
best not expect a lot of help finding a job. While Bridgepoint employs
1,703 recruiters, they employ just one person to handle career
planning. They employ 1,703 recruiters, and one person to handle career
planning for the entire student body of 67,000 students. According to a
recent study, 60 percent of all community college students need extra
help to succeed in school. They need tutoring and classes to make up
for what they may not have learned in middle school and high school.
For-profit colleges have served a similar population with similar
needs. As they often remind us, the for-profit sector serves a group of
students that traditionally lack access to higher education. Their
students are the ones who are the most vulnerable, the ones who didn't
have parents who went to college, who didn't grow up in a fairly
wealthy household. And to make it through college, they require a
significant support structure that is not available at these for-profit
schools.
Like Bridgepoint, schools that have large online programs seem to
have particularly troubling outcomes. This becomes clear when we look
at a large publicly traded school that has both a large online program
and a large campus-based program for associate degree-seeking students.
I am talking about a 2-year degree. We can see it on this chart.
Career Education Corporation--that is another one of these for-profit
schools--has a withdrawal rate of 44 percent on their campus-based
programs, and a whopping 69.5 percent in their online programs. Campus-
based program withdrawal rate 44 percent; online withdrawal rate 69.5
percent. Something is very wrong here. To me, this suggests these
online students are not getting the support they need. It is
inexpensive for a school to enroll a student online, but to ensure
those students are learning and succeeding would require a major
investment that for-profit schools, obviously, are not willing to make.
What these high dropout numbers illustrate is a phenomenon called
``churn.'' That is an industry term for bringing in students, signing
them up for loans and Pell grants, and then leaving them to sink or
swim. Then they go out the door, and they bring in more. That is what
they call churning through the students because so many students at
these for-profit schools come in the door and then leave within 4
months, 5 months, 6 months. Many of these students don't even show up
in the data the Department of Education collects.
At Bridgepoint, for example, on the first day of classes in the fall
of 2009, there were about 48,000 students signed up. Over the next
year, recruiters signed up 77,000 additional students. Let's keep these
figures in mind. In the fall of 2009, 48,000 students signed up for
Bridgepoint.
In the next year, they signed up 77,000 additional students. Then at
the end of that school year in 2010, there were only 67,000 total
students enrolled. That means the school's actual head count for that
year was about 125,000 students enrolled at some point. But 58,000
students, nearly half of them, didn't stick around. They were out the
door. These are the kinds of things people don't know. This is what our
investigation has uncovered by getting the documentation that led us to
these figures.
The picture is much the same at other for-profit schools. In fact,
most schools we analyzed recruit at least the equivalent of their
entire starting student population anew each year. That bears
repeating. Most of the schools we analyzed recruit at least the
equivalent of their entire starting student population anew every year.
This chart describes the University of Phoenix. We have all heard of
them. If someone has never heard of them, they don't watch TV or read
newspapers or ride a bus or anything else to see all their ads. They do
a great job of advertising. At the University of Phoenix, in 2008-2009,
the school started the year with 443,000 students. They ended the
school year with 470,800 students, so almost a 28,000-student increase,
27,800 to be exact. They grew their enrollment by 27,800. In fact, they
actually recruited and enrolled 371,700 new students in that year to
get 27,800. Again, these numbers can get a little confusing. Let me try
that again.

[[Page 19835]]

The University of Phoenix started the school year in 2008 with
443,000 students. They ended the school year with 470,800, a growth of
27,800 students. How did they get 27,800? They recruited 371,700
students just to get that 27,800. That means almost 350,000 students
passed through the University of Phoenix in 2009 without anything to
show for it. They came in. A lot of them gave them their Pell grants.
They turned over their student loans. Then they vanished. The students
got the debt and the University of Phoenix got a nice little profit.
Actually, a nice big profit.
At another company, EDMC, the marketing and recruiting machine signed
up 124,000 new students in the last school year. But they ended up the
year with only 19,000 more students than when they started. Recruiters
for these schools face the imperative of enrolling large numbers of new
students each year to replace those dropping out and eventually reach
the point where the number of new students is sufficient to actually
cause the enrollment to grow.
That is what the shareholders demand. That is what the hedge funds
who own them demand. That is what their equity investors demand. The
schools may be very successful as companies, making profits for their
investors and their owners and, I might say, huge compensation for
their executives and their presidents, but it is hard to say they are
successful as educational institutions.
(Mr. BENNET assumed the chair.)
Mr. DURBIN. Will the Senator yield for a question?
Mr. HARKIN. I am delighted to yield.
Mr. DURBIN. I wish to ask the Senator, most people say businesses
ought to have their opportunity to make a profit. That is what America
is all about. What percentage of the revenues at, say, the University
of Phoenix come from Federal taxpayers?
Mr. HARKIN. I am glad the Senator asked that question. I will go over
that again. There is a Federal law that says they can only get 90
percent of their revenue from Federal financial aid sources, loans or
grants, Pell grants, loans, that type of thing, 90 percent. The
University of Phoenix reported last year they got 89 percent of their
money from the Federal Government. But here is the kicker. If you are a
GI and they recruit you and you are giving them your GI bill benefits
and other educational benefits you get through the military, that is
not counted in the 90 percent. For some reason that is not taxpayer
money. Actually, the University of Phoenix got more than 90 percent of
their money from the taxpayers.
Mr. DURBIN. If I might follow up, didn't we ask the GAO to do a
study, or the Department of Defense to do a study about GI bill
benefits and how much we were actually spending through the GI bill for
education through the for-profit schools compared to the public
schools, community colleges, colleges and universities? We asked for
that number, and we ended up learning these for-profit schools were
charging GIs and veterans three times the amount being charged for
those who went through other traditional schools, public schools, and
universities.
It strikes me we have a legitimate concern. I know the Senator from
Iowa and myself have been dutifully and loyally voting for Federal aid
to education. I don't know his story. My story is, I am standing here
today because of a National Defense Education Act government loan that
let me finish college and law school; the Senator from Iowa the same
thing. I have thought, goodness' sakes, if that is how I reached this
point in my life, other people deserve the same chance. I have been
almost an automatic vote when it comes to that kind of assistance.
I thank the Senator from Iowa. Now that he has had these hearings and
I have joined him in investigating it, I find that a growing percentage
of Federal aid to education is going to for-profit schools that operate
with 90 percent Federal tax dollars and don't end up providing the kind
of education these young men and women need to succeed, and many of
them end up defaulting on their student loans. So there they are with
the debt and nothing to show for it, which I believe is the point the
Senator is making.
I ask my colleague, a veteran himself, how can it be fair to the
government or the veterans for this kind of exploitation to continue?
Mr. HARKIN. I say to the Senator, who has been a leader in this
effort of looking at the for-profit industry, trying to get the facts
so we can make reasonable decisions as legislators about protecting
both the taxpayers' dollars and protecting students, on December 8 our
committee published this report called ``Benefiting Whom, For-Profit
Education Companies and the Growth of Military Education Benefits.'' I
suggest that he might want to look at that. The Senator is absolutely
right. More and more of this money is going to the for-profit schools.
Let me put it this way: Between $640 to $700 million in GI bill
benefits went basically to public institutions, public schools--the
University of Illinois, Iowa State, University of Colorado, University
of Georgia--all that. About $640 to $700 million went to public
schools. That supported 209,000 students. About the same amount of
money from GI bill benefits went to the for-profit schools and
supported 75,000 students.
Mr. DURBIN. So it is roughly three to one.
Mr. HARKIN. Yes. That is about right.
Mr. DURBIN. So for every dollar we spent through the Department of
Defense to help veterans in the GI bill, if they went to a for-profit
school, they were being charged three times what public schools were
charging.
Mr. HARKIN. The Senator is correct.
Mr. DURBIN. And the numbers we found show that, for example, four of
the five biggest schools receiving the most post-9/11 GI bill funding
have at least one campus with a student loan default rate above 24
percent over 3 years. In comparison--and I don't have the numbers in
front of me--I believe when we look at public schools, the default
rates are in the 7- to 10-percent range.
Mr. HARKIN. That is correct.
Mr. DURBIN. So more and more students are being charged higher
tuition, going deeper in debt, and defaulting at a rate of 3 to 1,
being charged three times as much, defaulting three times as much as
those who are attending public schools?
Mr. HARKIN. That is right.
Mr. DURBIN. It seems to me, at a time of great national deficits,
when we do care about our veterans, this is an unexplainable,
indefensible situation. I thank the Senator from Iowa for his hearings
on this matter. I ask him: At this point, where do we go from here in
terms of these schools and in terms of what we should be asking of them
to make sure the students, the veterans, and the taxpayers get a fair
shake?
Mr. HARKIN. I thank my friend from Illinois for his focus on this
issue for a long time and bringing it to our attention. Again, where
are we going? We have some more hearings we are going to be having
after the first of the year. Then we are going to be looking at
legislation we need to do. We need to take care of this.
As I said earlier, our friend and former colleague, Senator Sam Nunn
of Georgia, in 1992, had hearings on this very same subject, and we put
in place what we thought were fixes to straighten out this industry and
to make sure taxpayers' dollars were better protected. Almost all those
have been done away with--the fixes that were made by Senator Nunn and
this body, this Congress at that time. We have to reexamine those fixes
and others again.
For example, as the Senator knows, in 1992, we put a ban on
compensating employees solely for recruiting students; in other words,
you could not pay recruiters for how many students they recruited.
Mr. DURBIN. Bounties.
Mr. HARKIN. A bounty. That was rolled back in 2001. We also had a
provision that was put in the law then, that at least 50 percent of
your students had to be campus based. That was done away with in 2005.
So all your students can be online. Since 2005, we have seen this huge
explosion in online students going to these private schools online.

[[Page 19836]]

So those are just two of the things that have been rolled back. I think
we have to reexamine that and reexamine how we better protect both
taxpayers and students.
Mr. DURBIN. If I could ask one last question of the Senator from
Iowa.
So the U.S. Department of Education is looking at this?
Mr. HARKIN. Yes.
Mr. DURBIN. Secretary of Education Arne Duncan is looking into this.
Mr. HARKIN. Yes.
Mr. DURBIN. You cannot escape the reaction of the for-profit school
industry. They are buying full-page ads in every newspaper they can get
their hands on, claiming we are, by this investigation, trying to deny
an opportunity for education for particularly disadvantaged students.
Mr. HARKIN. Yes.
Mr. DURBIN. Isn't the bottom line that we want to make sure that,
first, schools are accredited, so when they hold themselves out to
offer a training program, certificate, degree, they, in fact, are doing
that; second, to make sure they are charging a reasonable amount for
the education they are offering; third, if you have so many defaults,
it basically says your students are just accumulating debt, not
accumulating diplomas, and we have to bring that to an end; and they
are asking about whether students end up in a job when it is all over,
gainful employment. Are any of these unreasonable if the Federal
Government is providing 90 percent of the revenues for these schools?
Mr. HARKIN. I think the Senator is being very reasonable. I think
these are the minimum kinds of things we ought to do, as I said, to be
stewards of the taxpayers' money, protect our veterans, and protect
other students.
One of the tricks in the trade, as they say--I bet if I asked most
Senators to describe a semester, what is a semester, you would think a
semester goes usually from September to January, one semester; and
maybe January to May is another semester; and then there is summer
school. That is not it. A semester is what you make it. Some of these
schools have a semester that is 5 weeks long. So if you can keep your
students in for 60 percent of the semester, you keep all their money.
Then they drop out, and you have the money.
This is something else we have to look at, a better definition of
what the timeframes are. What do we mean by a semester? How much time
is that? How much time does a student have to stay there before the
school can keep the grants and keep the loans from the student? But,
again, these are things I think our committee and others are going to
have to wrestle with, as we go ahead on this issue.
I know others are backed up here to speak. I started a little bit
late. I was supposed to start at 3:15. I think I started at 3:30, if I
am not mistaken. So I will just take a few more minutes and try to
close. I do not wish to keep other Senators waiting.
I, again, wish to close on this, on the cost and debt. At these for-
profit schools, many students do not leave with a degree, but most
leave with debt. The average student attends for about 128 days before
dropping out. That is a little over 4 months. That is the average. For
most schools, that is two terms. That is enough time for students to
rack up thousands of dollars in debt--anywhere from $6,000 to $11,000,
depending on the program and school.
That is because for-profit schools are far more expensive than
comparable programs at community colleges or public universities. The
average tuition for a for-profit school is about six times higher than
a community college and twice as high as a 4-year public school.
Average annual tuition for a for-profit school was about $14,000 in
2009, while tuition at community colleges averaged about $2,500, and
instate 4-year tuition was about $7,000.
Of the 15 schools investigated by GAO, 14 had higher tuition than the
nearest public college offering a similar program. One that we looked
at offered a ``computer-aided drafting certificate'' for $13,945, when
the same program at a nearby community college cost $520. The cost of
an associate's degree offered by the second largest for-profit is over
$38,000, and a bachelor's degree can cost up to $96,500.
Again, I just referenced to the Senator from Illinois the recent
study we had done regarding the GIs and what the GIs are coming out
with. They are paying three, four, sometimes five times as much going
to an online school as they could at a community college or a local
public or even a nonprofit university.
On the placement--I know others are here, and I do not wish to again
hold them up. I talked about what Senator Nunn had done back in 1992.
Let me just respond on one thing on the accreditors. The Senator from
Illinois mentioned accreditation. I wish to just respond to that
because a lot of people think, if they are accredited, they must be all
right. But here is what we found.
All institutions of higher learning are governed by a combination of
the Federal Department of Education, State agencies, and private
accrediting agencies, which ought to act as a safeguard against the
proliferation of high-cost, low-quality educational institutions. A few
States have passed strong State authorization requirements, which have
made it difficult for some questionable for-profit colleges to set up
shop in those States. Unfortunately, those States are the exception
rather than the rule. Accrediting agencies are charged with the mission
of ensuring educational quality. However, this does not happen at a lot
of for-profit schools.
There are two types of accrediting agencies: the so-called national
accreditors that focus on accrediting for-profit schools, and there are
regional accreditors that accredit most public and nonprofit
universities. Increasingly, for-profit schools are seeking regional
accreditation. One particular regional accreditor, the Higher Learning
Commission of the North Central Association of Colleges and Schools,
accredits 18 of the 24 for-profit schools that have regional
accreditation and, until recently, was known as the go-to accreditor
for for-profit schools.
They have a cozy relationship. We had testimony from a witness
employed by one of the national higher education accrediting
organizations. He testified:

Accreditors must hold institutions accountable to ensure
that only the highest level of integrity is injected into the
student recruitment and admissions process.

The same witness assured the committee that in 629 onsite evaluations
of member schools over the previous 2 years, the agency did not find
even a single example of ``substantial non-compliance.'' Yet this
witness's organization accredits three of the schools documented by the
GAO as having engaged in misleading or deceptive recruiting.
So, again, that is where we find ourselves: One-quarter of our
financial aid budget is going to a sector dominated by education
companies owned by investors and shareholders seeking to maximize
short-term profit. Their mission is to grow and to get profits at the
expense of positive student outcomes. There are virtually no
legislative checks in place, though new Department of Education
regulation on incentive compensation is a step forward. The current
accreditation bodies in higher education are ill-equipped to deal with
the size and relentlessness of the investor-owned companies. As a
consequence, as I just said, we have ``for-profit'' companies financed
with over 85 percent of taxpayer dollars, reaping $3.5 billion in
profits, and millions of students leaving these schools with debt but
no diploma.
These schools will receive more than $30 billion in Federal aid this
upcoming year--$30 billion. It seems to me it is the obligation of us
here and Federal regulators to provide effective government oversight
and regulation of Federal financial aid dollars. The public is watching
to see whether taxpayers' dollars are being used wisely and
effectively. With high-cost schools, and sky-high dropout rates, with
limited job placement and services, I have grave doubts that many of
these for-profit schools are a good taxpayer investment.

[[Page 19837]]

At stake in the debate is the future of millions of Americans who are
being aggressively recruited into high-cost programs of often dubious
educational quality. For all these reasons--for every Yasmine Issa who
has been misled or defrauded by a for-profit college--we have an
obligation to make sure these schools are doing a decent job for their
students. We need for-profit schools that put the interests of their
students first. We need for-profit education companies that strive to
serve the needs of the students they recruit and enroll. That is not
always the case today. Congress and the executive branch have an
obligation, I would say a moral obligation, to provide effective
oversight of the for-profit sector in higher education. We owe this to
the students, and we owe it to every taxpayer.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. Mr. President, I am aware that yesterday, by a vote of
83 to 15, the Senate voted to ask for cloture on the tax agreement
reached between the President and the Republican leadership. I was in
the minority, and I wish to very briefly--I spoke on the issue at some
length the other day. I will be a little bit briefer this afternoon.
But I think it is important to explain why I and a number of us and
many Americans think this is a bad agreement and that, in fact, we can
do a lot better.
Just a few points. No. 1, this country has a $13.8 trillion national
debt. Our middle class is shrinking, and it is unconscionable to me
that we are in the process of providing huge tax breaks to the
wealthiest people in this country to drive up the national debt, which
our kids and grandchildren will have to pay off. I think that is
absolutely wrong.
During the Bush Presidency alone, the wealthiest 400 Americans saw
their income more than double, while their income tax rates dropped
almost in half from 1992 to 2007.
The richest 400 Americans now earn, on average, $345 million a year
and pay an effective tax rate of 16.6 percent.
The bottom line is, given all the problems facing this country,
lowering taxes for people who are extraordinarily wealthy, whose
incomes are soaring, whose tax rates are going down, should not be a
major priority of the Senate.
Let's be very clear. If we continue to borrow money now to give tax
breaks to those people who do not need it, our kids and our
grandchildren will be paying higher taxes in the future. We should not
be doing that.
Here is a point I wish to emphasize. I know the President and many of
my colleagues are saying: Hey, don't worry about it. This extension of
tax breaks for the wealthy is only for 2 years. I wonder if my
Republican friends would agree with me that it is not their intention
to only make this extension for the wealthy for 2 years. I am quite
sure 2 years from now they will be on the floor, maybe along with some
Democrats, saying: Oh, no, that is not enough. We have to extend it
again. So anyone who thinks we are only extending tax breaks for the
wealthy for 2 years I think--maybe I am wrong--is sorely mistaken. I
think we are talking about extending the tax breaks to millionaires and
billionaires into the indefinite future.
That is not just what I am thinking. Here is what Dan Bartlett, a
gentleman who was President Bush's former communications director, said
to the well-known columnist, Howard Kurtz, just recently, last week,
December 3, 2010:

We knew that, politically, once you get it [the tax cuts]
into law, it becomes almost impossible to remove it. That's
not a bad legacy. The fact that we were able to lay the trap
does feel pretty good, to tell you the truth.

My Republican friends know it. In 2 years, you will be back to extend
it, and that is what we are voting on. Let's be clear about it. We do
not know what the future brings us, but if, in fact, we do end up
extending the tax breaks for the next 10 years, as our Republican
colleagues want it, it will increase the national debt by $700 billion
and would give a tax cut of over $100,000 a year to people earning more
than $1 million. It doesn't make a whole lot of sense to me.
We should also be clear that this agreement between the President and
the Republican leadership also continues the Bush era 15-percent tax
rate on capital gains and dividends, meaning that those people who make
their living off of their investments will continue to pay a
substantially lower tax rate than firemen, teachers, nurses, and police
officers. Does that make sense? Well, maybe it does to some people; not
to me.
This agreement also includes a horrendous proposal regarding the
estate tax. Under the agreement between the President and the
Republicans, the estate tax, which was 55 percent under President
Clinton, will decline to 35 percent with an exemption on the first $5
million of an individual's estate. This decline in taxes in the estate
tax applies to the top three-tenths of 1 percent. This is not just the
tax breaks for the wealthy; this is a tax break for the very, very,
very wealthiest people in this country. At a time when we have a
record-breaking deficit, if that makes sense to some of my colleagues,
that is fine. It surely does not make sense to me, nor do I think it
makes sense to most of the people in this country.
The Congressional Budget Office has estimated that this estate tax
giveaway would increase the deficit by more than $68 billion. And while
this extension is for 2 years, there is little doubt in my mind that
our Republican colleagues will continue to push for lower and lower
estate tax rates in the future, on their way to eventually repealing
the estate tax permanently. I would remind my colleagues that last
year, some of us brought to the floor an amendment that said maybe at a
time when our seniors and disabled vets have not gotten a COLA for the
last 2 years, maybe we should give them a $250 check. This is for
people trying to live on $14,000, $15,000, $16,000 a year. We didn't
get one Republican vote--not one Republican vote--but when it comes to
huge tax breaks for billionaires, the top three-tenths of 1 percent, I
guess there is a lot of support for that. Again, it may make sense to
some people; not to this Senator.
There is also an issue I wish to spend a moment on which I think has
not gotten the attention it deserves, and that is that this agreement
contains a ``payroll tax holiday'' which would cut over $114 billion in
Social Security payroll taxes for workers next year. While on the
surface this sounds good, it is actually a very dangerous idea. This
payroll tax holiday originated from conservative Republicans. Our
Republican friends think this is a good idea, because for many of
them--not all--the goal is to choke off money going into Social
Security to divert money that should go into the Social Security trust
fund and over a period of time weaken the solvency of Social Security.
Once again, while this is supposed to be a 1-year payroll tax holiday,
frankly, it is hard for me to imagine that it will not be continued
next year. I suspect it will go on and on, and for many of our
conservative friends who want to destroy Social Security, I think they
are feeling pretty good about it. I think they are on their way. Less
and less money is going to go into the Social Security trust fund and
that, in fact, is what they have on their minds.
While the administration claims the money lost from this proposal
will be paid back through the general fund of the government, this
proposal would leave Social Security dependent on government revenues
rather than the direct contributions of workers who have successfully
funded this program for the last 75 years. And once you are into
Federal funding for Social Security, let me tell you, it will be cut
and cut and cut and you are talking about the beginning of the end for
Social Security. So I have very real concerns about that. Frankly,
maybe it is a 1-year program. I doubt it very much. I think it will be
extended.
Further, while some of the business tax cuts in this agreement may
work to create jobs--maybe some won't--economists I think from all ends
of the political spectrum believe that the

[[Page 19838]]

much better way to spur the economy and create jobs is to spend money
rebuilding our crumbling infrastructure. No debate. We need trillions
of dollars of work to rebuild our roads, bridges, water systems,
levees, public transportation, our rail system. I think most economists
believe when you put money into infrastructure, not only do you
increase the long-term productivity of our country and our
international competitiveness, you also create jobs a lot faster than
many of these business tax cuts do.
Furthermore, one of the other reasons I am voting against this
agreement is that I know the President and some of the Republicans
said, Well, we reached a compromise on extending unemployment benefits.
Well, I don't believe that was a compromise. The truth is that while it
is morally unacceptable that we would turn our back on millions of
workers who in the midst of this terrible recession have for a very
long period of time not been able to find a job--obviously we have to
extend unemployment benefits, but to say it is a compromise that our
Republican friends came along with, this is something I don't accept.
The truth is that for the past 40 years under both Democratic and
Republican administrations, under Republican leadership in the House
and Senate, and Democratic leadership in the House and Senate, whenever
the unemployment rate has been above 7.2 percent, unemployment
insurance has always been extended. In other words, this has been for
decades bipartisan policy. Republicans and Democrats have said, You
can't leave people to lose everything, leave them to lose their
dignity, not being able to take care of their families when
unemployment benefits are not allowed. This is not a compromise. This
is just an extension of 40 years of bipartisan policy.
Furthermore, there are a number of additional extenders in here
dealing with ethanol, dealing with NASCAR, dealing with tax breaks to
oil and gas companies, dealing with rum producers in Puerto Rico and
the Virgin Islands that I think, to say the least, have not gotten the
kind of discussion they deserve.
Are there positive aspects of this agreement? Of course there are.
Extending middle-class tax cuts to 98 percent of Americans, the earned
income tax credit for working Americans, and the child-in-college tax
credits are all extremely important, and that is something we have to
do. But when we look at the overall package, we must put it in a
broader context. What will the passage of this legislation mean for the
future of our country?
The bottom line is, as I think most Americans know, the middle class
is in a state of collapse, poverty is increasing, people on top are
doing phenomenally well. We need to put people to work and put them to
work right now. I think the fastest and best way to do that is to
address our crumbling infrastructure.
Second of all, when we have the most unequal distribution of income
of any major country on Earth--the top 1 percent earn more income than
the bottom 50 percent--giving tax breaks to people who don't need it--
and in fact, ironically, there are millionaires and billionaires out
there who are saying we are doing great. We don't need a tax break. Use
it to deal with the poverty rate among our children. Use it for
education. Use it for health care. We don't want it. We don't need it.
We are throwing it back.
So I think, and I believed from the very beginning, that we could
reach a much better agreement than we have reached right now.
I intend to vote no on this agreement, and I hope as many of my
colleagues as possible will do the same.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Georgia.

Deficit Reduction

Mr. CHAMBLISS. Mr. President, I rise today to speak on a matter with
my colleague Senator Warner. I understood Senator Warner and I had the
time from 4:15 to 5 o'clock which was generously given to us by Senator
Sanders who had the time before 5 o'clock. Unfortunately, Senator
Harkin has gone over and used some of Senator Sanders' time. I know
Senator Kirk is coming down to give his maiden speech at 5 o'clock, and
I hope he will bear with us. We have a number of folks who are going to
speak very quickly today on an issue that is of major importance to
America.
America's fiscal house is in disarray. Our budget process is broken,
and future generations will end up paying the price if we continue to
ignore the difficult decisions required to fix this grave threat to our
country's fiscal stability.
Recently, the National Commission on Fiscal Responsibility and Reform
has worked in a bipartisan manner to produce recommendations on how to
best address our current levels of debt. While these recommendations
may not reflect the beliefs of all Members of this body, I commend the
Commission's members for having the courage and the open minds to
tackle the problem. At the very least, their recommendations can serve
as a starting point for a serious debate on how we can ensure a better
life for our children and our grandchildren.
Today, spending has reached almost 24 percent of America's gross
domestic product, while our revenues were at their lowest levels last
year in 60 years. Not too long ago, the debt ceiling was increased by
the largest amount in history: $1.9 trillion--nearly twice as large as
the previous record of $984 billion. Our current statutory limit on the
public debt is now set at $14.294 trillion and is expected to require
an increase again sometime this spring.
With that backdrop, Senator Warner and I began talking this summer
about this grave issue facing America and about the fact that if we
don't address it now, then it is going to be too late, and that it was
incumbent upon us to try to educate ourselves as well as educate other
Members of this body about the seriousness of this issue and what is
the way forward. So we began talking among ourselves. We expanded our
group and expanded and expanded, and we now have a significant number
of Senators who are prepared to come forth and say we have to address
this and we have to address it next year. Some of the members of that
group are going to be here today to give their thoughts on it. We are
going to be joined by several Republicans and Democrats to pledge our
commitment to addressing this issue and addressing it in the right way.
I wish to thank my friend Senator Warner for his leadership, for his
commitment to do this. It has been a pleasure to work with him. As we
move forward next year, this group is going to provide the momentum to
carry the ball to make sure we address the issue of reductions in
spending as well as major tax reform to get the fiscal house of the
United States back in order.
With that, I yield to Senator Warner.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, let me echo the comments of my good
friend, the Senator from Georgia, Senator Chambliss. It is time for us
in this Senate--and excuse the language--to put up or shut up. A lot of
folks talk about deficit reduction in both parties time and again, but
over the next year, there is a growing group of us--and I think folks
will see this group in the next 45 minutes, hopefully briefly, each one
of us--starting to raise the issue that next year we have to take on
deficit reduction and major tax reform.
The country is approaching $14 trillion in national debt. It has been
estimated that every day we delay, we add close to $5 billion to that
national debt. So whether your issue is the solvency of Social
Security, whether your issue is tax rates, whether your issue is making
sure we pass on a balance sheet to our kids and our grandkids and allow
America to continue to be the economic superpower it has been, unless
we take on this issue, we won't be able to accomplish those goals.
While I believe, as imperfect as this compromise between the
President and others is in terms of short-term stimulus that we will
vote on later tonight, we also have to demonstrate that this

[[Page 19839]]

body can actually walk and chew gum, that we can do short-term stimulus
now, but next year engage in meaningful tax reform and deficit
reduction. Because if we act later tonight, we will be adding $900
billion over the next 2 years to our national deficit.
So today--and we will come back on a regular basis--we will hear very
briefly from a number of my colleagues on both sides of the aisle, and
I think in our new respectful way--we may not agree on the ultimate
solutions, but we are going to agree to listen to each other
respectfully and recognize that at the end of the day, meaningful tax
reform and meaningful deficit reduction has to be a goal of this
Senate, of this Congress in the next year.
I yield the floor to my good friend, the Senator from Mississippi.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. WICKER. Mr. President, I am glad to join this bipartisan group
today. I see 10 of us on the floor at this time and we all have agreed
to speak briefly about this, because we want to make the case that over
the next several months we mean business and we intend to do what we
can to actually make some tough choices.
I join my colleague from Georgia in commending the membership of the
National Commission on Fiscal Responsibility and Reform, and
particularly the leaders of this group, Erskine Bowles and Alan
Simpson--great patriots, people with a great history of service in
their own right. They have come forward with some recommendations in
their preamble. They make it clear none of us like every element of the
plan, but they put forward a plan that I think is a starting point for
us, and we intend to use these next few months--frankly, we intend to
use the runup to the vote we will have to take on the debt ceiling
around April of 2011--to make real progress.
Let me subscribe to several of the statements made in the preamble of
this fiscal responsibility commission. They say: ``We cannot play games
or put off our choices any longer.''
I think the American people know that, and they expect leadership
from their elected representatives in the House and Senate in that
regard. The report and the preamble go on to say: ``The American people
are counting on us to put politics aside,'' and that is what we are
trying to do on the floor today. And that is what we are trying to do
on the floor today with a bipartisan representation--pull together and
not pull apart and agree on a plan to live within our means and to make
America strong for the long haul.
It has been pointed out that ADM Mike Mullen, Chairman of the Joint
Chiefs of Staff, says that the most significant threat to national
security today is our national debt. I agree with Admiral Mullen, and I
think Americans agree also.
``Kicking the can down the road is not going to suffice any longer,''
to quote our colleague from Oklahoma, Senator Tom Coburn.
The preamble goes on to say:

The contagion of debt that began in Greece and continues to
sweep through Europe shows us clearly that no economy will be
immune.

No economy, not even the U.S. economy.

If the U.S. does not put its house in order, the reckoning
will be sure and the devastation severe.

The title of the report of the Commission is ``The Moment of Truth.''
And I think we are here on the floor of the Senate today, on December
14, 2010, to say there is a bipartisan working group that believes we
have arrived at a pivotal moment of truth and we intend to get down to
the business of rectifying the problem of national spending and our
national debt.
I yield to my friend from Montana.
The PRESIDING OFFICER. The Senator from Montana.
Mr. TESTER. I thank Senator Wicker for his remarks, and I rise to
share a few words also about the debt and about the bipartisan tax cut
compromise we will vote on this evening. Before I get into these
remarks, I wish to thank Senators Warner and Chambliss for their good
work in putting together a group of Senators to help address this issue
in a bipartisan way.
As far as the compromise tonight, I look forward to voting for this
compromise. It is a matter of creating jobs and rebuilding the economy.
I think the bill does that. Is it a compromise plan I would have
written? No. But it does cut taxes for the folks who need tax relief
the most--middle-class families, small businesses, family farmers and
ranchers. They are the real job creators in this country, and aiming
tax relief at them required compromise and working together, and it
happened. It is a victory for all Montanans and especially all
Americans.
I wish to point out another example of working together. Over the
past few days, a number of my colleagues--Democrats, Republicans, and
Independents, 22 in all--teamed up to put forth the resolution we hope
will be a part of this package we will vote on tonight. This resolution
puts all of us on record expressing our deep concerns about the
unsustainable path of this country's debt and showing our commitment to
working together to dig ourselves out of the ditch we are in. To do
that, any plan will have to have tax reform, spending cuts, and deficit
reduction. It is not going to be an easy process. In order to have a
serious debate about cutting our debt, we are going to need to make
some tough decisions and not just pay lipservice or play political
games.
Much like the report of the President's Commission on Fiscal
Responsibility and Reform, there are a lot of things Members of this
group and of this body are not going to like in any potential plan. But
what is important here is that all of these Members are serious about
putting this country on a sustainable path and are committed to
devising and voting on a plan to do that within the next 12 months. It
is that important an issue.
This is, hands down, the most important issue this Senate will deal
with over the next few years--putting our Nation's economy on a
sustainable path to control this country's debt and to offer
opportunity for the future. I look forward to working with my
colleagues on this issue, as I know they share my same commitment to
getting something done.
The truth is, we are not going to be able to get anywhere unless we
trust one another. This process isn't going to be pleasant for anyone,
but we can be successful if we have a bipartisan effort. This
bipartisan resolution is more than just lipservice; it is a plan to
move forward together.
I yield the floor to my friend, the Senator from Nebraska, Mr.
Johanns.
The PRESIDING OFFICER. The Senator from Nebraska.
Mr. JOHANNS. Mr. President, this is a rather remarkable moment. On
each side, Republicans and Democrats are standing to describe a problem
that literally jeopardizes not just the future of our children and our
grandchildren, but it jeopardizes our security; that is, our runaway
spending and our deficit.
If I might, let me put this in perspective. As a former Governor of
Nebraska, I used to tell my cabinet, when we were struggling through
budget issues, that this is not magic, it is math. That is the reality
of what we are dealing with here. We simply have a problem that is so
gigantic, it can only be solved in a bipartisan way.
Let me offer a couple of statistics to back up that statement. If you
look at the entire Federal budget, this is what you see. If you add
Medicaid, Medicare, Social Security, and the interest we pay on our
debt, that is 64 cents of every dollar we spend annually. Let me repeat
those programs: Medicaid, Medicare, Social Security, and the interest
we pay on our debt. Everybody will acknowledge the importance of those
programs. Let's compare that to the revenues coming in this year. The
revenues coming in don't even cover the full cost of those programs. So
if anyone is out there suggesting that a little nip and a little tuck
and a tweak here and a tweak there is going to solve this problem, it
just fundamentally won't. We literally have a situation where if we
just shut down the entire Federal Government--national defense, every
single program out there except the ones I mentioned--we would still
come up a bit short.
We need to fundamentally change how we are operating this government

[[Page 19840]]

because, quite honestly, to date we all recognize--Democrats and
Republicans--that we have been operating this government on the credit
card of our children and our grandchildren. That won't work. It simply
can't work any longer.
I conclude my comments today by saying I appreciate the opportunity
to work with my colleagues on the other side of the aisle and to work
with my colleagues on this side of the aisle to try to solve what I
consider the most pressing, most urgent need our Nation faces today.
Mr. President, I yield the floor for Senator Wyden.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Mr. President, I wish to commend Senator Warner and
Senator Chambliss in particular for their important work, and tomorrow
it will be even more important given that this agreement will pass
tonight.
There is always another election around the corner, a big array of
special interest groups that need to be satisfied, and the constant
scream of public opinion polls that politicians live and die for. Why
take action that could offend a group today if you can put it off for a
while?
In my view, the agreement that will pass tonight is a victory for the
politics of procrastination. At a time when Americans are swimming in
debt, more water will be put into the pool. Instead of taking steps to
fix the market-distorting, job-killing Tax Code--last overhauled a
quarter of a century ago when China and India were blips in the global
economy--this vote, tonight, will prop up our broken Tax Code. Millions
of Americans are out of work, small businesses are closing their doors,
and instead of finding permanent solutions to the problem, the
agreement is smiling like Scarlett O'Hara and saying: Fiddle-dee-dee, I
will think about it tomorrow.
The agreement doesn't come close to what is needed to get our economy
back on track. In many ways, this deal will make the problems worse.
For one, it adds more to the deficit than TARP, more than the 2009
stimulus bill--858 billion more dollars will be added to the national
debt.
At a time when our economy desperately needs to create more jobs, the
agreement continues the same tax policies that failed to create jobs
for the past 10 years.
At a time when businesses are saying that uncertainty is keeping them
from hiring and investing, this deal increases that uncertainty by
essentially turning the entire personal income tax system into a
temporary structure that will all expire in a year or two.
And at a time when China is planning to invest a trillion dollars in
crucial industries for its long-term growth, there is nothing in this
agreement that makes so much as a downpayment for investing in our
Nation's future.
It did not have to be this way. As Senator Warner and colleagues have
mentioned, there was a blueprint provided by the deficit commission. I
don't happen to agree with everything in it, but clearly it was a very
important blueprint.
In the 1980s--and I see Senator Alexander here, who clearly remembers
those days--President Reagan and the Democrats worked for bipartisan
tax reform to clean out the loopholes, hold down the rates, and keep
progressivity. In the 2 years, colleagues, after Democrats and Ronald
Reagan worked together, our economy grew by 6.3 million jobs--twice the
number created between 2001 and 2008 when tax policy was purely
partisan.
I don't think it had to be this way. Senator Warner and Senator
Chambliss tried very hard to add a provision that might at some point
insert consequences for inaction. Colleagues--and I will close with
this--nothing will happen in this town where there is this culture of
procrastination unless there are some consequences for inaction.
There are provisions in this measure tonight that I support very
strongly--unemployment insurance, help for the middle class and small
business. I was willing to extend the whole Bush-era program for a year
if it were done in a way to force action. But that is not going to be
done.
Tonight, I intend to vote no. Tomorrow, I will be back with Senator
Warner and Senator Chambliss to build on the good work of the deficit
commission, build on the good work Democrats and Ronald Reagan did in
the 1980s to give us a model so that finally in this country we tackle
the major problems--debt reduction and fixing the job-killing Tax
Code--and bring back the middle class to the prosperity they deserve.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAPO. Mr. President, I also am honored and very appreciative of
the opportunity to join this bipartisan group speaking to the Nation
tonight about the fact that we cannot any longer delay dealing with the
most significant threat our Nation faces--our debt and our fiscal
difficulties.
I was one of the members of the President's Commission on Fiscal
Responsibility and Reform, and I had the opportunity over the past year
to work on a bipartisan basis with people on that Commission who took
testimony from experts, evaluated the issues, studied the economies of
the world, studied the details of what was happening in the American
economy, and came forward with a plan.
This plan got 11 of the 18 votes on that Commission. It was required
by the President's order to get 14 of the 18 votes in order to force
that plan to Congress for a vote. I was disappointed that didn't
happen. But let me make a couple of points of clarification. Eleven of
the 18 votes represented over 60 percent of the votes of the members on
that Commission. That is enough votes to pass any bill in this Senate.
It is enough votes to pass any bill in the House of Representatives and
to get that bill to the desk of the President. And 14 of 18 would have
been over 77 percent of the votes--a margin that has rarely been met in
this Congress.
My point in making this clarification is to say that on a bipartisan
basis, we were able to come up with a supermajority of support on the
Commission for a plan. Now, did that plan contain everything I wanted
and leave nothing out I didn't like? No. There were parts of that plan
that caused me great heartburn. But that plan did put America on a path
toward a balanced budget. It stopped the erosion. In fact, it stopped
the explosion of our debt across this country, and it did so in a way
that focused on the right elements. What were those elements? Spending
and tax reform.
Many of us were worried at the outset that the Commission would focus
on just trying to solve the problem with more tax increases and tell
the American people that our spending habits here in Congress were too
important to be dealt with and we would simply have to increase taxes
in order to keep Congress spending at its breakneck rate. The
Commission denied that fact and said: The reality is that the problem
in Congress is they spend too much, and it put spending caps on
discretionary spending and at least started--not as much as I thought
it should do--the debate about how to deal with our entitlements.
One very important addition. It proposed a major reform of our Tax
Code--probably the most sweeping tax reform I have seen in my lifetime.
If you were to try to come up with a tax code that is more unfair, more
complex, more costly to comply with and more anticompetitive to
Americans seeking to do business in the world, you probably couldn't do
much worse than we have done with our Tax Code. And one of the most
important parts of dealing with our fiscal policy is to reform that Tax
Code. So that is another reason I am so glad to see we have bipartisan
support for that kind of reform.
As I close, I would simply say that I am heartened by the fact that
we see Republicans and Democrats alike saying that the time for further
inaction is gone. The time for gridlock is gone. We do not have time to
continue the kind of gridlock debate we have seen over the years here
in Congress as we deal with this issue. And it is my hope that in the
near future, we will force process reforms in this Congress that will
put votes on the difficult issues we must face as Americans before us.

[[Page 19841]]

With that, Mr. President, I yield my time and yield the floor for the
Senator from North Carolina.
The PRESIDING OFFICER. The Senator from North Carolina.
Mrs. HAGAN. Mr. President, when the fiscal commission released its
report on December 1, it started with the guiding principle on which
all Americans can agree: We have a duty to make America better off
tomorrow than it is today. But the picture is pretty bleak right now.
Let me give a few examples.
In 1982 our deficit had never exceeded $100 billion. By March of
2004, 22 years later, the debt was $3.7 trillion. Today, 6 years have
passed, and the debt held by the public has ballooned to $8.7 trillion.
The Federal debt was 33 percent of GDP in 2001. It is now 62 percent
and on a trajectory to reach 90 percent of GDP by 2020. Interest on our
national debt could rise to nearly $1 trillion annually by 2020. That
is the entire amount of the individual income taxes we are collecting
this year.
It is impossible to look at these numbers and believe this trajectory
will result in an America that is better for our children than it is
for us.
We cannot continue to just grow the debt and run huge deficits each
year with the expectation that our children will pay the bill. This
trend of borrowing will eventually have to come to an end one way or
the other. The only question is, How are we going to reduce our deficit
responsibly and in a bipartisan fashion and in a way that encourages
investment and economic growth? Are we going to cruise blissfully along
until some external crisis forces us to make these adjustments in the
most sudden and painful way possible?
The time for Congress to act is now. There is a mounting chorus
growing from all sides that recognizes our current path is
unsustainable. Eleven members of the fiscal commission voted for the
bipartisan deficit reduction report, including my friends, the Senators
from Illinois, North Dakota, Oklahoma, Idaho, and New Hampshire.
Just today, Moody's announcement that it could move a step closer to
cutting the AAA rating on our debt is why I am here today joining with
my colleagues in vigorous support of concerted bipartisan action on the
deficit in 2011 and the resolution introduced by my colleagues, Senator
Chambliss and Senator Warner.
It is past time to get to work. We need to think seriously about
reforming the Tax Code and tackling the deficit and the debt in a civil
and bipartisan manner, and we need to do it now.
I yield the floor.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. RISCH. Mr. President, I rise today to speak very briefly about
this issue. This easily could be the most serious issue we have dealt
with in recent years and in future years. We have an enemy today that
is at the door. This is not an enemy that is out there somewhere and we
can talk about philosophically. It is an enemy that is at the door.
Last year the Federal Government spent around $3.8 trillion. That
doesn't mean anything to me or probably much to anybody because nobody
knows what $3.8 trillion is. If we say it is a little over $7 million a
minute, it starts to sound a little bit more like we could understand
it.
But none of that is important. It is how much do we have. The Federal
Government was short 41 percent of that money; 41 cents out of every
dollar that the U.S. Government spent it borrowed.
I hope everyone listened closely to the Senator from Nebraska when he
said if we funded only Social Security, Medicare, Medicaid, and the
interest on the national debt, we would be short of money coming in to
pay for that. If we shut down all other aspects of the Federal
Government, we still could not put it in the black if we paid for just
those.
This moment in history is an absolutely critical moment for the
American people. We have gotten jaded because all of our lives we have
heard about the national debt, and we have heard about annual deficits.
We get jaded about it. But these numbers today are real, they are
serious, and they could bring down this government. There is absolutely
no question about that.
This Congress has to do something about that, and it is not going to
be done by Republicans, it is not going to be done by Democrats, it is
going to take a bipartisan effort to do that. I am here today to
support that.
I yield the floor for my good friend, Senator Udall from Colorado.
The PRESIDING OFFICER (Mrs. Hagan). The Senator from Colorado.
Mr. UDALL of Colorado. Madam President, I am pleased and proud to
follow my colleague from Idaho. What we are hearing about is all the
challenges that face our Nation, and there are many of them right now.
This massive set of budget deficits and overall debt we face--it is a
crippling debt--requires probably the most serious and difficult effort
we are facing right now as a people.
A strong country--I heard Senator Wyden say this, in effect--is a
solvent country. Conversely, a broke country is a weak country.
I can't help but remember Erskine Bowles, the Cochairman of the
Commission we are talking about today. He was asked: Why are interest
rates still low? Why are our bonds still desirable? He said: Don't
let's fool ourselves. Senator Chambliss would appreciate this because
he used a Southern turn of phrase. He said: Look, we are still the best
looking horse in the glue factory. That is the only reason that our
interest rates and our bonds are still strong.
What do we do about that? There is a way forward. The bipartisan
commission has put in front of us a plan. None of us agree with every
single item. It is a way forward. It is important to note of the 11
votes, 5 of those votes were Senators from our body. Five of the six
Senators who represented us on this Commission voted to move forward.
That is the way forward--for us to join together, Democrats and
Republicans alike. Despite our differences of opinion on many other
issues, I think we can agree on one thing; that is, developing
fundamental tax reform and addressing, in the process, our long-term
debt problems.
Like Senator Wyden, I am going to vote no tonight. I think this is a
misguided effort, and we will add $900 billion to our debt load. But I
respect my colleagues who see it otherwise. I am going to vote no, and
I am going to come right back to work tomorrow with all of us in the
Chamber. We are going to meet this challenge head on. The stakes are
too high if we do not.
I yield the floor to the Senator from Tennessee.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. I am here tonight in the spirit of my late friend, the
author of Roots, Alex Haley, who lived and died by these words: ``Find
the good and praise it.''
I am here to praise Senator Warner, Senator Chambliss, and the
bipartisan group of Senators who have focused their attention on this
urgent crisis that our country faces, the national debt.
This is the way the Senate is supposed to work: to see an urgent
need, develop a bipartisan consensus to get to work on it, come up with
a strategy to deal with it, and get a result--not just make speeches
but get a result.
We have heard the evidence. We have had the good example set by five
Members of our body--two Democrats, three Republicans--who took a
courageous step in their action on the fiscal commission earlier this
month. The Senate should follow that example.
I am encouraged by what I hear from the bipartisan group of Senators
addressing our debt issue. This is the way the Senate is supposed to
work. Let me conclude with just one example from history. I picked up a
book the other night called ``The British Overseas.'' It is a British
historian's view of the American Revolution.
He pointed this out: At the time of the American Revolution, the
interest on the national debt of the British empire amounted to one-
half of the national revenue of the British empire. In other words, at
the time we fought for and won our independence, Great Britain had an
unconscionable debt. The

[[Page 19842]]

debt forced the British into some imprudent decisions. One was the
Stamp Act and one was a little tax on tea, which occurred at about that
time.
So big debts force big countries into bad decisions. The leadership
we have seen across the aisle is a good start for the serious effort
toward dealing with our debt crisis. I am here today to commend those
Senators, both Democrats and Republicans, who are part of it.
I yield the floor for the distinguished Senator from Colorado.
The PRESIDING OFFICER. The Senator from Colorado.
Mr. BENNET. Madam President, I am so pleased to be here in this room
with Democrats and Republicans, talking constructively with each other.
It has been a long time since we have seen that. It is one of the
things I heard day after day over the last 22 months as I had townhall
meetings across the State of Colorado. I too wanted to read something
from the words of the deficit and debt commission because I think it is
important for people to understand, people who are watching this at
home and people working in Washington, that this is not optional.
They write:

Large debt will put America at risk by exposing it to
foreign creditors. They currently own more than half of our
public debt and the interest we pay them reduces our own
standard of living. The single largest foreign holder of our
debt is China, a nation that may not share our country's
aspirations and strategic interests.

In a worst-case scenario, investors could lose confidence that our
Nation is able or willing to repay its loans--possibly triggering a
debt crisis that would force the government to implement the most
stringent of austerity measures.
As the President knows, I never ran for office before this election.
I spent half my life in the private sector and half working in places
such as the Denver Public Schools. The former Secretary of Education is
here today. Nothing else in the world runs like this. Nowhere else
would we say to ourselves that our theory is, we would look the other
way, borrow the money from the Chinese, one of our greatest
competitors, and stick our kids with the bills.
The reason this has become so important now is because the size and
scope of this debt puts us in the position where one day--I will close
with this--where one day somebody may say: I am not going to buy your
debt at that price. The day that happens interest rates are going to
spike, and this recession is going to look like nothing compared with
what we are going to face. We owe it to our kids and grandkids to make
sure we are paying our way. I am so pleased we are here today in a
bipartisan way to talk about it.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Madam President, I know the Senator from Illinois is
going to do his maiden speech in a couple of moments. I ask his
forbearance for an extra 4 or 5 minutes.
Our colleagues have been a little bit over subscribed, which I think
is an indication of the enormous interest in this issue and Senator
Shaheen, Senator Corker, Senator Klobuchar, and Senator Nelson wanted
to speak briefly on this issue. If the Senator from Illinois would
grant us those couple of minutes, we would all be very grateful because
I know, once he makes his maiden speech, he will be part of this effort
as well.
With that, to Senator Corker.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. CORKER. Madam President, I rise to speak on the topic that has
been discussed over the last hour. I thank my colleagues for focusing
on this issue. Yesterday's and tonight's votes are tough votes for me.
I think they are tough votes for each of us. We have a bipartisan
compromise that has come forth. There are things in this bill that
trouble each of us for different reasons. But I think all of us
understand our deficit issue is the biggest threat to our country's
economic security and in many ways to our sovereignty.
Over this summer I had 46 deficit presentations around the State of
Tennessee. I think what people walked away with from these meetings--
and they were large meetings--was the severity of this issue. Most
Americans have not focused on the severity of our debt issue. Most
Americans think it is going to affect a neighbor, might affect another
generation. I think a lot of Americans think if we would do away with
things such as earmarks--and I don't earmark--we would solve our
problems.
That is what I hoped to accomplish this summer in Tennessee, was to
make people aware of how big this issue is and that the steps we are
going to have to take are Draconian. I applaud those who have been
involved in the process that has just taken place at the deficit
reduction commission. I am hopeful that sometime very soon, in the next
few months, we will have the opportunity to vote on something similar
in nature that deals with real spending constraints.
I think all of us know spending as a percentage of GDP is at an all-
time high in modern history. I think we know spending has to come under
control. At the same time, we understand in our Tax Code each year we
give away $1.2 trillion. I think that shocks people. If we were to
eliminate those--I know Senator Wyden and others have worked on this--
if we would eliminate those, everybody's tax could be less. We could
lower individual rates, we could lower corporate rates, we could help
our economy and spur it on.
I know it is irresponsible, when a debt ceiling comes before us, to
not vote for a debt ceiling in that it is like running up a credit card
tab and not agreeing to pay the bill. But I heard a great Senator
getting ready to retire, and I won't say what his name is, say it is
also irresponsible to not be responsible prior to voting on a debt
ceiling increase.
It is my hope that sometime between now and April or May or early
June, whenever this vote has to take place, instead of us just talking
about this today--and I applaud all of those who are; I thank them for
that--we actually vote on something of substance that deals with this
issue in a real way and does not kick the can down the road.
This is the issue that could create the greatest crisis in our
country, something that, by the way, is totally within our control.
Many of the problems we face as a country we cannot deal with solely
ourselves; it involves lots of other people. This is one of those
issues that we have totally in our control, and all it takes is the
courage to deal with this issue. The reasoning, that we are not going
to get everything exactly the way we want it, but as a group, we have
got to have the courage to actually deal with it.
So I hope that we move more than just to a construct but to a real
vote. I have a bill on the floor, and I am thankful that Claire
McCaskill has agreed to cosponsor an amendment to actually this tax
bill, that I know is not going to pass, probably is not even going to
have a vote but to build momentum toward there actually being a
construct in place that sequesters spending to drive us from where we
are today to a more responsible place, a place where we have been over
the last 40 years.
I thank the Senator from Illinois, who I respect. Thank you for your
forbearance.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mrs. SHAHEEN. Madam President, I am pleased to be here on the floor
this afternoon to join my colleagues on both sides of the aisle, to
talk about the need for us to deal with our deficits and our debt in
this country.
I made the decision to vote for the tax cut package that we are going
to be voting on this evening. I did that with some sense of ambiguity,
because it does not adequately put in place a plan to address our debt
in this country. All the economists, however, I have spoken to have
indicated that this is important for us as we are looking at continuing
to stimulate our economy and provide the relief that middle-class
families and small businesses need.
So despite the fact that there are things in it that I do not like, I
am going to support it. But I would feel a lot better about it if it
contained language that all of us have talked about, that says, as part
of doing this, once we

[[Page 19843]]

get this economy moving again, we have also to address the long-term
debt we face in this country. And make no mistake about it, we have to
do that both by addressing spending and by addressing tax reform.
I was at a small business in Salem, NH, yesterday, at a company
called MSI. They do HVAC systems. They are a small business. They have
about 25 employees. I asked them what they were looking for from us in
Washington, and they said, a fair, simple Tax Code.
So we have to get serious about this problem. All we have to do is
look at what is happening in Europe to know that we are headed that way
if we do not get this debt under control. We have to make some tough
decisions that include both tax reform and fiscal restraint. I would
feel better if this language were in the legislation that we are going
to be voting on, but I think it is clear it is the sense of the
Senate--if we can get this resolution done, it will be important to
send that message to everybody in the country about what we need to do.
I yield the floor.
The PRESIDING OFFICER. The Senator from Florida.
Mr. NELSON of Florida. Madam President, I want to say to the new
Senator from Illinois, thank you for your forbearance. 10 years ago,
this Senator made his maiden speech on the floor, and it was about this
very same issue. Because then, a decade ago, we had the privilege of
having surpluses. My maiden speech was about exactly if we did not
watch out, what was going to happen is those surpluses were going to go
into deficits. If we had been good stewards of our condition, we could
have paid off the national debt over the course of 12 years. But we
took a different direction.
I am to be followed by the Senator from Minnesota, and the Senator
from California.
I think what we are hearing here, in a bipartisan way, after we are
swallowing a bitter pill of what we are going to vote on tonight, that
is going to increase the debt $900 billion, because under these
economic circumstances it is the right thing to do to jump-start the
economy--
I think what we are hearing now is a confluence of events that is
going to bring us starkly face to face, that we are going to have to
reduce the debt and we are going to have to do tax reform. Because the
conditions are so raw now, it is our responsibility to explain what we
see as the economic circumstances of the country, explain it to the
American people, and then act on it.
When emergency conditions arise, there is opportunity, and that is
the opportunity to make change for the good.
I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Madam President, I also want to acknowledge the new
Senator from Illinois and thank him for the time. But I also want to
acknowledge the senior Senator from Illinois who is here, who just
spent the last few months serving honorably on the debt commission on
the National Commission on Fiscal Responsibility.
They came out with some recommendations. A number of us in this
Chamber, while we may not support every one and disagree with some of
them, think that is something we must pursue. As they wrote in their
report, ``Every modest sacrifice that we refuse to make today only
forces far greater sacrifices of hope and opportunity upon the next
generation.''
They are right. The longer we wait, the more wrenching the choices
become. And guess who is going to have to make those painful choices.
It is our children and our children's children. But you know what else.
It is ourselves. As the Senator from California pointed out about an
hour ago, 6 percent--6 percent--of our spending is interest on that
debt.
So there are some commonsense suggestions in that report. That is
what we have to do next year. When you look at this idea, people making
over $250,000, the fact that going back to the Clinton levels--the
Clinton tax levels--when our country was incredibly prosperous, that
that would bring in $700 billion to bring down the debt, that is why
the majority of the people in this country, the vast majority of the
people in this country, want to see it as one of the options for the
long term.
For the short term, we know that our country is still in a fragile
state. We know we cannot sock the middle class with a $3,000 tax
increase. We know that we have 200 million who are unemployed, through
no fault of their own, who are still looking for work. That is why we
are passing this bill tonight.
But beyond that, as we go to the next year, we must work together, as
you see what is going on today in a bipartisan way, to put a plan in
place. Because the markets will respond to that. It will be good for
our economy. We will show we mean business, and we will not turn into
one of those countries overseas that is experiencing what they are
experiencing now because they did not make that long-term commitment.
I yield the floor.
The PRESIDING OFFICER. The Senator from California.
Mrs. FEINSTEIN. Madam President, I also am one of those who worried
over this vote over the weekend that we passed yesterday. I spoke on
this very floor about the fact that I did not like the estate tax. I
did not think wealthy Americans needed a sustained tax cut. Then I
began to make some calls to economists. What I found was a kind of
double-edged sword. One, they did believe the package had a stimulative
nature of anywhere between .6 and 1.1 percent, .6 being about 600,000
jobs--so 600,000 to 1.2 million jobs; unemployment insurance was
stimulative; the payroll tax cut was stimulative, et cetera; and that
we needed to do this.
But then the flip side. And the flip side was, we are now reaching 63
percent of GDP in debt. What will happen is one day, if this continues,
we will go off a cliff economically.
Some time ago, during the end of the Bush administration, many of us
were on a phone call. We heard Secretary Paulson and Federal Reserve
Chairman Bernanke say that we are on the brink of a major collapse of
this economy. Everything could go down--banks, credit institutions, et
cetera.
I never thought this could ever happen in America. I now know that
the unprecedented can, in effect, happen in America, and that when we
vote for a package that puts almost $1 trillion additional on debt and
deficit, we had better have a way to make a pivot, as some people have
called it, and do those things that can curb expenditures.
We are fortunate. This National Commission on Fiscal Responsibility
outlines a course. Not everything do I agree with, just like the tax
bill. But, nonetheless, it is a course of action which can bring down
this debt and bring down this deficit. I am very proud of those Members
who voted to sustain this report. Even with 11 Members, I think it
gives the kind of substantial ability to this report to bring it before
this body.
I would hope that before we have to raise the debt ceiling, we would
have before us a package, that we would set limits on spending, that we
would freeze pay across the board, that we would make substantial
across-the-board cuts in travel, in printing, and those things, not
because that is a big item but because it is an item that wakes up
people. I found that on a city level. It exists on a State level, and
it exists on a Federal level.
There is much we can do, and I think at 63 percent of GDP, this debt
and deficit says to America: America, be concerned. America and
American business, come home. Build your plants here. Help us rebuild
this great country. Help us build the industries of the future. But at
the same time, right now, we have got to make very deep cuts across the
board.
I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska is recognized.
Mr. BEGICH. Thank you to the Senator from Illinois for giving us a
little time before you have your maiden speech. I appreciate that.
Thank you very much.
Let me echo and associate my comments with all of the Members who

[[Page 19844]]

have spoken previously, and thanks to Senator Warner and Senator
Chambliss for their work in bringing truly a bipartisan approach to how
we start the discussion and move forward on deficit management and tax
reform, which is critical for this country.
You have heard all of the statistics, all of the numbers, all of the
reasons why we should do it. But pretty simply, the way I look at this,
if there is one issue in my 2008 campaign that I talked about at the
very beginning of the campaign it was about the deficit and what was
happening, how much of your tax dollars are going toward paying the
debt, paying the interest.
I know, Madam President, you spoke about it, the interest costs that
are absorbing the amount of the budget here. But in reality, I remember
in 2008, no one paid much attention. Then suddenly the crash occurred
at the end of 2008 and then everyone wanted to talk about it, because
it affected them and they now saw the picture.
But where we are today is an important point. Tonight we will have a
vote on a tax package that will be temporary, a 2-year fix to a much
more complicated problem. When I came to the body here, I sat down with
a couple of Senators, both on the Republican side and Democratic side,
talked about the issue of reform, and recognized that we are truly
going to change the way our Tax Code works. We cannot do these in bits
and pieces. It has to be true reform.
So as we move into this next year, 2011, not only do we have to take
the tough decisions regarding the deficit, we have to be aggressive
about tax reform if you want to create certainty to the business
community and our economy. A 2-year fix does not do that.
I know there are many who have spoken before me on all of the data
points. But purely and very simply put, if we do not deal with this
now--and ``now'' is in the next few months--we will hit that crashing
wall, we will hit it hard, and we will not have choices because we have
not made a plan regarding the deficit and tax reform.
I thank the people who have put this together, Senator Warner,
Senator Chambliss, and thank all of the Members, over two dozen,
Republicans and Democrats, who are here tonight talking about the need
for serious attention to the deficit and tax reform. I look forward to
next year.
I yield the floor.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Madam President, I again thank my colleague, Senator
Chambliss. There will be more to come. There were a number of other
colleagues who couldn't be here. The Senator from Illinois has been
more than kind. He will be part of meeting this challenge as well.
I yield the floor.
The PRESIDING OFFICER. The Senator from Illinois.

ILLINOIS SENATORS

Mr. KIRK. Madam President, almost 30 years ago, I worked in the House
of Commons in London. In Parliament, a new member's maiden speech is
given great weight. Traditionally, this speech is used to highlight
what a member's priorities are and sets the tone for his tenure. My
experience in London guided my thoughts 10 years ago when I was elected
to the House of Representatives. My maiden speech focused on the unique
political history of the 10th Congressional District of Illinois and
its tradition of electing thoughtful, independent leaders.
As I stand here today, newly elected by the people of Illinois to
represent their interests in the U.S. Senate, I recall my first speech
in the House and how humbled I was to follow such a distinguished group
of men and women in office. I am equally humbled as I assume the office
of United States Senator from Illinois.
Since our admission to the Union in 1818, Illinois has sent a diverse
list of Senators to this Chamber. Many of my predecessors served in
uniform valiantly, others had brilliant legal careers, while still
others excelled in international diplomacy. As I take office, I want to
reflect on those who represented Illinois in the Senate before me,
their accomplishments, and the imprint they left on our great Nation.
One name hangs above all others. He never served in the Senate but
ran for the office in 1858. Abraham Lincoln was defeated in that
election but won the Nation's support for a higher office during the
Lincoln-Douglas debates. His story also reminds the Republican and
Democratic opponents of the current Members of the Senate that their
best days in public life may still be ahead.
With regard to our Senators, one of the first was Ninian Edwards, a
pioneer at a time when Illinois was actually the frontier. First
elected in 1818, he served until 1824, when he stepped down to become
the United States' Minister to Mexico. He had the distinction of being
the Governor of both the territory and State of Illinois. A true
servant of the people, he died in 1833, while he helped treat victims
of a cholera epidemic carried by soldiers serving in the Black Hawk
War.
Senator James Shields reminded us that we are a State and Nation of
immigrants. Born in Ireland, he became a naturalized citizen in 1840.
He served in the Mexican-American war under General Zachary Taylor,
commanding a brigade in the battles of Vera Cruz, Cerro Gordo,
Contreras, Churubusco, and Chapultepec.
Already one of America's leading Irish-Americans, Brigadier General
Shields would later command a division during the Civil War, taking his
men against Stonewall Jackson in the Valley Campaign of 1862. He was
twice elected to the Senate in 1849--first in March, and again in
October. But his first election was voided on the grounds that he had
not yet been a U.S. citizen for the required 9 years. Eight months
later, he won election again and finally was seated. Senator Shields is
the only Member of this body to have served in the Senate from three
States--in addition to Illinois, he was elected in Minnesota and
Missouri.
Senator Shields also nearly changed the course of our Nation. In
1842, a young Abraham Lincoln wrote an anonymous letter to the Sangamon
Journal criticizing then State Auditor Shields for his decision to
require the payment of taxes in silver or gold. When Lincoln's future
wife, Mary Todd, and her friend got into the act by writing additional
missives, Shields asked the editor to reveal the identity of the letter
writers. When Lincoln claimed responsibility for all the letters,
Shields demanded satisfaction and challenged Lincoln to a duel.
Lincoln chose broadswords as the weapon of choice, and the two made
plans to travel to Missouri as dueling in Illinois was illegal at the
time. Luckily, cooler heads prevailed and the duel was called off,
averting a potentially history-changing event.
Serving from 1847 to 1861, Democratic Senator Stephen Douglas was
known as the ``little giant'' due to his short stature but powerful
hold on the Senate. While accomplished, he was overshadowed by Lincoln
despite Lincoln's loss to Douglas in the 1858 Senate election. Douglas
served as the architect of the Kansas-Nebraska Act of 1854 that
repealed the Missouri Compromise, allowing settlers in Kansas and
Nebraska to determine whether or not they would allow slavery.
Douglas's reputation waned in later years as he led the Democratic
Party to defeat in the election of 1860 by defending slavery in the
southern States. His miscalculation dealt a blow to the ruling
Democrats, allowing the new antislavery Republican Party to win the
White House.
Another Illinois Senator, David Davis, holds a unique distinction,
having served as an Associate Justice on the U.S. Supreme Court prior
to his Senate service. In his nearly 15 years on the Court, Davis is
best known for writing the decision in Ex Parte Milligan, holding that
a death sentence handed down by a Civil War military commission against
a civilian was unconstitutional, as civilian courts were functioning at
the time.
The Illinois Legislature elected Davis to the Senate in the midst of
the disputed 1876 presidential election between Rutherford B. Hayes and
Samuel Tilden. Because of his service on the Supreme Court and his long
reputation for fierce independence, Senator Davis was elected President
pro tempore of

[[Page 19845]]

the Senate following the assassination of President Garfield. Under the
law at the time, this placed him next in the line of succession to
President Chester A. Arthur, even though he was a freshman Senator.
One of our greatest Senators was the ``man from Pekin,'' Senator
Everett McKinley Dirksen, who served for nearly 20 years in the middle
of the 20th Century. His leadership was apparent early in his life.
During the First World War, he entered service in the field artillery
as a private and left a second lieutenant. While in the Senate, he
worked his way to lead his party as Minority Leader and developed a
reputation as a pragmatic, thoughtful legislator. He is perhaps best
known for his role in passing the Civil Rights Act of 1964. It was
Dirksen who said on the floor of the Senate:

The time has come for equality of opportunity in sharing of
government, in education and in employment. It must not be
stayed or denied. It is here!

It was Dirksen who helped gather the votes for cloture on the ground-
breaking legislation, ending the longest filibuster in Senate history
at 534 hours, 1 minute, and 51 seconds.
If there is one of our Illinois Senators whose spirit hangs closest
to me as I begin my service here, it is Dirksen's. Senator Dirksen's
reputation as a fiscal conservative and a social moderate is one I hope
to follow in my service in the Senate. He died after a bout with cancer
in 1969, but his legacy lives on. One of the three Senate office
buildings bears his name, as well as Chicago's federal courthouse.
Senator Charles Percy entered the Senate in 1967, serving alongside
Senator Dirksen for 2 years. He was a ``Rockefeller Republican,''
representing the moderate wing of the Republican Party in the Senate
and went on to chair the Senate Foreign Relations Committee. In
addition to his work on foreign relations, he worked on legislation to
provide home ownership to low-income families. Senator Percy and I also
share a similar background. Both he and I are graduates of New Trier
High School in Winnetka, IL, and we also both served in the United
States Navy.
Senator Percy's greatest legacy for Illinois was his work to
eliminate the corrupt practice of nominating Federal judges from the
Chicago political machine. I wish to follow in Percy's footsteps, by
ensuring all judicial nominations go through a rigorous advisory
process.
Alan Dixon served Illinois in the Senate from 1981 to 1993, but
before he came to Washington, he served in both the Illinois House and
Senate, and later won statewide elections for treasurer and secretary
of state. He earned a reputation as a thoughtful, moderate Senator who
served the people of Illinois with a quiet dedication. After leaving
the Senate, he went on to chair the Defense Base Realignment and
Closure Commission in 1994 and 1995.
Born in Eugene, OR, Senator Paul Simon served from 1985-1997 as a
staunch fiscal ``pay-as-you-go'' Democrat. Simon worked with Senator
Orrin Hatch of Utah on a balanced budget amendment that, although
unsuccessful at the time, deserves renewed attention now in light of
our crippling Federal debt. Although he did not win the Democratic
presidential nomination in 1988, his greatest legacy will be the
creation of the Paul Simon Public Policy Institute at Southern Illinois
University where he served as director until his death in 2003
following heart surgery.
Senator Carol Moseley Braun is a true daughter of Chicago. She was
born in the city, attended Chicago public schools, and received degrees
from the University of Illinois at Chicago and the University of
Chicago. She remains today the only African-American woman to serve in
the Senate. After she left the Senate she served as Ambassador to New
Zealand, and she remains committed to public service, as she is
currently running for Mayor of Chicago.
Senator Peter Fitzgerald came to Washington 2 years before I began
service in the House. I was honored to serve in the Illinois delegation
with him for 4 years. When I took the oath of office here in the
Senate, it was with Senator Fitzgerald and Senator Durbin at my side,
recognizing that leadership for our State requires a firm commitment to
bipartisanship. Senator Fitzgerald was born in Elgin and raised in
Inverness. He represented the northwest suburbs in the Illinois State
Senate before his election to the U.S. Senate. Senator Fitzgerald's
legacy in Illinois will forever be remembered for bringing one of our
Nation's most dedicated crime fighters to our State. Senator Fitzgerald
is the reason why the Northern District of Illinois is home to one of
the best prosecutors in America, U.S. Attorney Patrick Fitzgerald.
Patrick Fitzgerald, who is of no relation to the Senator, has done more
to fight public corruption in our State than any other person. Senator
Peter Fitzgerald fought a tough battle to recruit and appoint Patrick
Fitzgerald. Before his arrival, Illinois was the wild west of politics,
and one of the most corrupt in the Nation. Under his tenure, U.S.
Attorney Fitzgerald convicted two Governors of corruption and countless
other State and local officials. We will forever live with the
embarrassment of convicted criminals like Governor Blagojevich, but
with the leadership of Senator Peter Fitzgerald, we found the right
prosecutor to slowly restore integrity and honesty to our State.
Now I have spoken about the past greats who have represented Illinois
in the Senate, but our recent Senators have been champions in their own
rights. I am honored to call Senator Dick Durbin my colleague, and
while we hail from different parties, we have pledged to work closely
on issues that will benefit the people of our State. He, like me, came
to this body from the House and quickly became known as a champion of
infrastructure improvements, including the critical O'Hare
Modernization Program and mass transit. His knowledge of the process of
government is unmatched, and he is quick to tell tales of his time as
the parliamentarian for the Illinois General Assembly. His father died
of lung cancer when he was 14, and he has since fought tirelessly to
protect kids from tobacco. We fly in smoke-free airlines because of
Senator Richard Durbin of Illinois.
Recognizing his leadership, his caucus has voted to make him majority
whip the past 4 years, one of the few Senators from Illinois to hold
such a position of distinction.
This brings me to perhaps one of the best-known Senators, and the man
whose term I complete--Barack Obama. The first time I had heard of now-
President Obama was in Springfield, IL, in 2000.
I was filing petitions to run for my first term in the House, and in
front of me in line was a young staffer who worked for a State senator
from Chicago who was running for Congress. It is highly ironic that I
won my election that year, as state senator Obama lost his, but 10
years later Illinois had its favorite son in the White House.
Despite the media spotlight upon him, then-Senator Obama sought out a
low initial profile in the Senate and worked with Senator Durbin and
the rest of our congressional delegation to quietly advance some
projects. While his tenure in this body was brief, he and I
successfully worked together to secure Federal school funding for
military families in north Chicago, IL, fulfilling an important promise
to take care of those who take care of us. In 2008, Barack Obama was
elected the first African-American President of the United States,
creating a vacancy that was filled by Roland Burris. It was the
greatest honor of my life to win election to both Senator Obama's
unexpired term and a full six-year term.
As I enter the Senate and open a new chapter in the rich history of
this body, I stand before you a fiscal conservative, a social moderate,
and a national security hawk.
I bring a commitment to fiscal responsibility, spending restraint,
lower taxes, tolerance, a strong national defense, and, above all,
thoughtful, independent leadership.
Today, we face great challenges both here and abroad.
Here at home, runaway spending and unsustainable borrowing threaten
the future of our economy. Unemployment

[[Page 19846]]

remains high, economic growth slow, and small business employers are
crippled by the tax and regulation decisions of an ever-growing
government.
As we look abroad, our challenges are no less complex.
We remain a nation at war with a terrorist enemy that seeks our
destruction.
As America winds down our mission in Iraq, our mission in Afghanistan
grows more challenging by the day.
Iran continues its pursuit of nuclear weapons, as terrorists in Gaza
and Lebanon threaten the security of our strongest ally in the Middle
East.
At home and abroad, our country faces threats from Iran, North Korea,
and a number of terrorist cells based in Pakistan, Yemen, Somalia, and
elsewhere.
In times of great uncertainty, we need to come together--Republicans,
Democrats, and Independents--to build consensus, find solutions, and
meaningfully improve the lives of the people we represent.
In that spirit, I look forward to working with our senior Senator,
Senator Durbin, to complete the O'Hare Modernization Project, ban
sewage dumping in the Great Lakes, and expand high-speed rail across
Illinois. From Rockford to Cairo, we will work to expand employment and
opportunity wherever possible--always seeking practical, bipartisan
solutions to the everyday challenges facing families across Illinois. I
am confident we can build a bipartisan, pro-Illinois agenda that
delivers for our State.
Ninian Edwards, James Shields, Stephen Douglas, David Davis, Everett
Dirksen, Charles Percy, Alan Dixon, Paul Simon, Carol Moseley Braun,
Peter Fitzgerald, Roland Burris, and Barack Obama--I enter this Chamber
with all humility, and with the knowledge of those who came before us.
They fought for a better future for the next generation, as we shall
fight for those who follow.
I yield the floor.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Madam President, I am sorry to barge in here, but all day I
have been trying to speak about one of our colleagues. So I appreciate
everyone's attention. It is a short speech, but I have been trying to
get over here all day.

Tributes to Retiring Senators

Evan Bayh

Madam President, I first met Evan Bayh when UNLV played for the
National Championship at Indianapolis. But one of the most remarkable
speeches I have ever witnessed was in the Capitol Rotunda, when we were
there meeting the new Senators. It was the first speech I know of that
Senator Evan Bayh gave in the Capitol complex. He spoke without a note.
It was a speech laying out his philosophy of government, and it was
truly spellbinding. I could not imagine the talent he had and I have
witnessed since that time.
The State of Indiana is losing a superb Senator in Evan Bayh. Senator
Bayh announced his retirement earlier this year and is wrapping up his
second term, where he has been a consistent fighter for the Hoosier
State.
That fight, however, did not begin when he was first elected to the
Senate. Not long after earning degrees from Indiana University and the
University of Virginia, he was elected Indiana's secretary of state--
the first of five statewide elections he would win.
He served the people of Indiana for 8 years as Governor and led the
State to its largest budget surplus ever, while creating thousands and
thousands of jobs. He also created the 21st Century Scholars Program
that other States soon replicated, to ensure that all Hoosiers--rich,
poor, Black, White--would receive a quality education.
He was later elected to the Senate, where he has admirably put
partisan politics aside and fought for the best interests of Indianans.
He has been a champion for education, for energy, and for fiscal
responsibility. He has supported our troops fervently. Senator Bayh was
not afraid to call out leaders when he felt an injustice was being
done, and he spoke up often for our men and women overseas when
necessary.
Of course, being a public servant was nothing new to him. His
wonderful dad, Birch, held this very same Senate seat and set a fine
example for his son.
Senator Bayh has achieved an incredible amount for the people of
Indiana in his relatively short career, and he is not done yet. I know
he will continue to work to improve the lives of the people of Indiana
and all Americans.
Senator Bayh is relinquishing the title of Senator, but the role he
cherishes more than anything is that of father. His twin teenage boys,
Beau and Nick, are the joy of his life, and I am confident they are
very proud of their father. I wish Susan, Evan, and the boys the very
best in all their endeavors.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. ENSIGN. Madam President, I rise to talk about the tax bill that
is before us. I was one of just a few on our side who happened to vote
against a procedural motion last night, and I wish to talk about why I
will be opposing the final passage of this bill.
This threat that is facing our country today is greater than any
external threat we have faced for some time. It is an internal threat
that is stemming from our own government that threatens the very future
of our country. In the words of ADM Michael Mullen, the Chairman of the
Joint Chiefs of Staff--this is exactly what he said:

The biggest threat we have to our national security is our
debt. . . . It's not sustainable.

Our country is heading toward fiscal ruin. Nail after nail after nail
is being put into our coffin of economic catastrophe. The Senate is now
gearing up to put hundreds of billions of more debt onto our already
debt-laden country. I fear our country's fate could be sealed. So what
should we do? Is it too late for the United States to reverse its
course? To best answer this question, I am reminded of a famous quote:
``Those who cannot remember the past are condemned to repeat it.''
In order to best determine the path our country will take in the
future, we need to examine the road we have already gone down.
This chart I have in the Chamber is from the Great Recession of 1920
that most people in America have never heard about. It shows that in
1920 we had a fairly healthy economy, with a little over 5 percent
unemployment. The next year it shot up, it over doubled, to almost 12
percent. Well, during that same period of time, the economy declined by
nearly 7 percent. In other words, GDP went down by almost 7 percent.
From May of 1920 to July of 1921, automobile production declined by 60
percent and industrial production in America dropped by almost a third.
The stock market also fell dramatically. As a matter of fact, it lost
half its value. So you can see the economic time of 1920 to 1921 was
dire, maybe even more dire than what we face today.
Well, we had a Federal Government that decided to take a different
course. Instead of spending money, what they decided to do was to cut
tax rates and cut spending at the same time. President Harding actually
proposed--and it was enacted by the House and the Senate--a dramatic
cut in Federal spending by one-third. To cut the Federal budget by one-
third--can you imagine that today, cutting the Federal budget by one-
third? Tax rates across the board, marginal tax rates across the board
were slashed. The top rate at that time was 75 percent. They cut it to
25 percent. So they did not just cut taxes and raise spending so you
balloon the deficit, they cut taxes and cut spending at the same time.
What were the results? Well, what do we know about the 1920s? What is
the common term we hear about the 1920s? It is called the Roaring
Twenties. It is because the economy boomed during the 1920s. This
unemployment rate that was 11.7 percent--within a year and a half, that
fell to a little over 1 percent. OK. So it went from 5.2 percent to 11
percent. They cut taxes and Federal spending and, boom, the
unemployment rate plummeted--people had jobs.
Guess what happened to the national debt--not the deficit--the
national debt. The national debt was cut by one-third during this time.

[[Page 19847]]

So if you cut taxes, you cut spending, you incentivize the private
sector to create jobs. Guess what happened. When more people make more
money and more people are employed, more money comes into the Federal
Government to actually not only reduce the deficit but, in this case,
actually pay down some of the national debt.
Well, let's move forward just a little bit.
The Great Depression. Many people have said we need to spend money to
get us out of an economic downturn. During the Great Depression, we had
a President, a Republican President, who started this. He was very much
an interventionist President. During the Great Depression, he came in,
had trade protectionist policies, raised taxes, and increased Federal
spending with all kinds of different government projects on
infrastructure.
We always hear about how infrastructure is going to help take the
economy out of the recession if we spend more and more money. Well, I
will have another point about spending on infrastructure and government
spending in another country in just a minute. But we have to remember--
and I ask this simple question to audiences back in Nevada whom I talk
to: If government spending was going to take us out of that Great
Depression, why did the Great Depression last as long as it did?
I actually posed that question to the new OMB Director. The new OMB
Director said he has actually studied the Great Depression at length.
So I asked him the question: Why didn't government spending take us out
of the Great Depression? His answer was this: He said we did not spend
enough money. I was flabbergasted by that statement. But that was his
belief, that we did not spend enough money.
Many people believe the stimulus bill we had here almost 2 years ago
was not large enough and that is why we have not had an economic
recovery. Well, the reason we came out of the Great Depression was not
because of government spending. It was because we kind of forgot about
the Great Depression because of World War II, and our country
completely focused on World War II. The stock market did not recover to
1929 levels for 25 years. FDR was a great wartime President, but his
economic policies were not good for this country.
Well, where else can we look in history to find whether government
spending actually works to take you out of an economic downturn?
In Japan, during the 1990s--this chart actually shows 1988 to 1998--
they had government spending as a percentage of GDP go up. Yet in
Japan--this is the red line. The blue line is spending; the red line is
unemployment--it kept going up. Japan tried six different stimulus
bills--a total of $6 trillion on infrastructure on all kinds of road
projects, bridge projects, everything you hear about that is supposed
to be good to take you out of an economic downturn.
Well, the 1990s in Japan is called the lost decade. They had
basically zero growth during the 1990s. Actually, they have had another
decade of lost economic output. So Japan certainly is not a good
example of a place you can point to where government spending actually
takes you out of an economic downturn.
As a matter of fact, if you think about the $6 trillion Japan spent--
which is much larger than any economic stimulus we have tried, much
larger as a percentage of an economy than what we tried during the
Great Depression--so if it was going to work, why didn't it work in
Japan? Why didn't it work during the Great Depression? Why didn't it
work for the stimulus bill we tried? By the way, President Obama tried
a stimulus bill close to $800 billion. President Bush 2 years before
that tried an economic stimulus bill of $150 billion, basically sending
checks to people hoping to get them to spend it. We need good economic
policy to get us out of an economic downturn, and these temporary
little spending bills are not the way to go.
So to continue on with this, let me explain a little bit about what
else happened in Japan. First of all, Japan's public debt in 1997 grew
to over 100 percent of GDP. By 2009, it is now almost 200 percent of
GDP. So this spending not only didn't take them out of an economic
downturn, it added to their future problems, and that is,
unfortunately, what we are threatening to continue to do today.
Let me talk about the tax extensions before us today. Let me clearly
state: I believe it would be a huge mistake for us to raise taxes on
anybody during an economic downturn. I am for extending the current tax
rates and making sure those tax increases don't go into effect. It has
been argued by the other side that especially the top rates were the
reason we ran up the debt and the deficits during the Bush years. Well,
if my colleagues remember when President Bush came into office, similar
to what happened when President Obama came into office, he inherited a
recession. Then we had 9/11 happen, and it sent us into an even worse
recession. In 2001, to stimulate the economy, we did cut taxes. The
mistake we did make is we didn't cut spending at the same time, but at
least we cut taxes. The blue line are revenues. So when the recession
hit, we cut taxes and it takes a little while to recover, but after
that, revenues--and these are the 2001 tax cuts and these are the 2003
tax cuts--actually went up.
The reason for our deficit was not that we didn't have enough money
coming in to the Federal Government. The reason for our deficit is we
spent too much money. Republicans were thrown out of office because we
spent too much money. But the deficit was not caused by the tax cuts of
2001 and 2003. So it would be a mistake to raise taxes during this
economic downturn.
However, I believe we need to cut spending, based on the economic
models I have already talked about during the 1920s and how they
actually worked. When you cut taxes and cut spending at the same time,
it can actually pull your country out of an economic downturn.
There are businesses across my State--I spent a lot of the last
couple of months touring around my State talking to businesses. There
is one small business owned by two women in Nevada called ``Nothing
Bundt Cakes.'' They make little bundt cakes. Unfortunately, they are
really good, because I like to eat them and it is not good for my
waistline, but they have a great product. I was talking to them and
they would love to expand their business right now. Do you know what
they said to me? They said, We can't. Two reasons: One is we think our
taxes are going to be going up so we can't plan for it; and No. 2 was
the effects of the health care bill. We don't know how much that is
going to cost us. So it is the uncertainty out there of why they would
not expand their business, and they probably could have created another
20, 30, 40 jobs. Those jobs didn't get created because of the
uncertainty of what is going on.
So extending the tax cuts, I believe--extending the current tax rates
is a better way to say it--is very important to give businesses some
certainty. It is not the only thing we need to do to give them
certainty, but it is certainly one of the things that is important.
In this bill--which I agree with; I think it is good we are not going
to let the death tax go back up to 55 percent. There are a lot of small
businesses out there--try to imagine trying to plan estate planning and
things such as that, especially in a small business where you want to
see it continue. All of a sudden, maybe it is going to go down. Well,
now we are going to do a 2-year extension. It is very difficult to plan
for those things for the future. We need to give more certainty. Two
years in this bill is better than nothing, but we still need to make
that longer term so you can do estate planning and business
continuation planning. Because think about this: If a small business is
owned by a family versus a business that is owned by a corporation, if
somebody dies in the corporation, the business continues. If somebody
dies in a small business where the principal owns the business, they
may have to sell the business to pay the taxes. That business actually
may end up getting closed down and those jobs are lost.
So it is important to give some certainty when it comes to death tax

[[Page 19848]]

planning, estate tax, whatever term you want to use with it; that is
important, especially for small businesses, ranches, and farms across
America.
The top rate we keep hearing criticized as far as extending that,
they say it is only 1, 2, 3 percent of the people, whatever number I
have heard tossed out from the other side. What people fail to realize,
though, is that is 25 to 35 million people who are employed by those
very small businesses that make the top rate. So if you raise taxes on
those people, they have less money to spend to buy that next piece of
equipment. Somebody had to make that--if it is in America, that created
jobs in America--or they can't hire that next employee. So we don't get
the job creation we want. Raising taxes on small businesses would be a
mistake. Raising taxes on the middle class would be a mistake.
Especially if they can plan long term, if the rates they know are going
to be there for the long term, they can put that in part of their
budget. If it is just a one-time check, they can't plan for the future.
I actually disagree with the payroll tax that is in here, at least the
way it is structured, the same way that in President Bush's stimulus
package a couple of years ago where we sent $600 back to individuals.
This isn't the long term solution that we need.
Think about the mentality of families. If there is a difficult time
that families are going through, if they get a check in the mail, and
they know they may be losing a job or they are barely getting by as it
is, if they get a little money in the bank, are they going to spend
that? Or are they maybe going to pay down debt or save it because of
the uncertain economic future? A lot of families are making the
decision to save it or pay down debt. So it is not stimulating the
economy as people think it will. The other problem also with the
payroll tax and some of the other taxes in this bill that are extended
is adding to our national debt.
The Bush economic growth package, his stimulus bill he put together,
we have heard about this being a bipartisan agreement. The bill was
passed 81-16. Every single Democrat actually voted for that bill.
Sixteen Republicans voted against it, but it was a bipartisan bill.
People grabbed hands and added more money to our debt.
People talk about this bill being a compromise. Democrats wanted
certain things; Republicans wanted certain things. Here is what a
compromise is around this body. A compromise is: You want certain
things; I want certain things. We will get what we want and we will
pass that debt on to our children and our grandchildren. That is how
this body is operating right now. We are being fiscally irresponsible
with the bill before us today. Yes, we need to extend the tax rates.
But we should have at least sent a message to the rest of the world
that said we are going to do something about the debt.
Let's put up the chart. We just had the debt commission a few weeks
ago come out with their report--the President's debt commission. This
is one of the quotes from it: ``America cannot be great if we go
broke.'' That is exactly what we are doing: We are going broke.
Harken back to the first chart, Admiral Mullen. Remember what the
Chairman of the Joint Chiefs of Staff said. I want to repeat this. This
is so important: ``The biggest threat to our national security is our
debt.'' He said, ``It's not sustainable.''
This debt is real. It is a very huge threat to the future prosperity
of America.
This bill before us is sending a message to the markets. It is
saying, even though the debt commission came out and said we need to
trim this by at least $4 trillion, this spending and this deficit we
have going, you know what, we are just going to add hundreds of
billions more to that problem. So I believe what we have before us is
even going to get worse. Before this bill we will vote on today, these
are the President's projections: The red bars are interest we pay on
the national debt, such as interest on your credit card. A family pays
interest on a credit card and doesn't get anything for it. It is
because of their overspending habits. Well, this is the result of
Congress's overspending habits.
Next year, in 2011, it is going to be close to $250 billion. We get
nothing for that. We get no roads, no schools, no veterans benefits, no
anything. That is just money we are paying to the Saudis, the Chinese,
and other foreign governments who have bought our debt. In 2012 it goes
up further and further. In 2020, it is over $900 billion a year in
interest on the national debt. That is more than we pay for Social
Security, Medicare, Medicaid, or national defense, and we get nothing
for that. This path we are on is unsustainable.
We saw what happened to Greece earlier this year. Within 48 hours,
there was an economic implosion, and if they hadn't had the European
Union to bail them out, their country literally would have gone
bankrupt. Not too long ago in Ireland, within about 7 days, the same
thing happened. Once again, they had the European Union to bail them
out. What happens if the same thing happens in America?
Just this morning, this is what Moody's, one of the rating agencies,
said:

Unless there are offsetting measures--

That means spending cuts--

the package--

The package is the bill we have before us today--

will be credit negative for the U.S. and increase the
likelihood of a negative outlook on the U.S. Government's AAA
rating during the next 2 years.

In common language, what does this say? This says we are becoming a
bigger risk and it is threatening our AAA rating which means if this
AAA rating goes down, we pay higher interest rates. Just like an
individual, you are more of a risk. When you borrow money, you pay a
higher interest rate. This number here is based on a AAA rating. These
numbers all get much worse if we lose our AAA rating.
The bill we have before us--we should have sent a message while we
were continuing the current tax rate, if we wanted to do the
unemployment benefits, which I believe we should have extended. We
should have done that with spending cuts in other places.
Senator Coburn has a package to vote on that has real spending cuts.
I have offered amendment after amendment after amendment on this floor
on spending cuts. We always hear during campaigns: I am for fiscal
responsibility. I am for this, I am for that. When it comes time for
voting, we never seem to get the votes. When are we going to actually
show some fiscal responsibility around this place?
This bill should have at least $100 billion, $200 billion in offsets.
The Congressional Budget Office and the Joint Committee on Taxation
said this bill is going to add $900 billion to the debt--$900 billion.
Shouldn't we at least have offset some of that to show the world that
we are actually serious about fiscal responsibility? That is all I am
saying we should have done and why I am voting against this bill,
because I don't think we can continue to add more and more and more
debt. The debt commission had it right: America cannot be great if
America is broke.
Let me conclude. The 1920s showed you can have economic recovery
without adding to the debt actually because the economy grows and you
have held the line on spending, and you can actually pay down the debt.
That is what we did in the late 1990s. We didn't actually cut spending
then, but we at least slowed the rate of growth of spending, with the
Republicans in Congress and a Democratic President, and we had economic
growth, which got us to not only a balanced budget, but it got us to
where we were paying down some of the debt. That is what we need to do
now--start going back to 2008 spending levels. Spending has increased
well over double digits over the past couple of years around this
place, and we were spending plenty of money in 2008.
So let's go back to 2008 levels--that will save us a couple billion
dollars--and then let's work on eliminating some of what Senator Coburn
has identified as a lot of wasteful spending programs in this country,
which is at least another $150 billion in wasteful programs he has
discovered. If this country is actually serious about debt, then

[[Page 19849]]

we will continue to be the leader of the world, our economy can
continue to grow, and America's best days really can be ahead of us.
But if we choose to continue to be fiscally irresponsible, then I am
afraid we could be headed down a path that we cannot reverse. If what
happened to Greece and what happened to Ireland happens to the United
States, there is no one to bail us out.
So we need to start acting in a fiscally responsible way, not as
Republicans, not as Democrats, but as Americans, and say to these young
people, like we have sitting before us here today, we care about you,
we care about your future, and we want America to be as great for you
as it has been for us. The only way to do that is to make sure we get
our fiscal house in order and quit passing so much debt on to future
generations.
Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Udall of Colorado). The assistant majority
leader is recognized.
Mr. DURBIN. Mr. President, I ask unanimous consent that after I have
completed my remarks, the Senator from Rhode Island, Mr. Jack Reed, be
recognized.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. DURBIN. Mr. President, I have listened carefully to the remarks
of the Senator from Nevada, and I respect him, although I must disagree
with him on several particulars.
When I look back at history, I see it differently. What I see is a
Great Depression facing America that led to record unemployment,
business failures, farm failures--one of the worst economic conditions
faced by America in modern times.
The election of Franklin Delano Roosevelt in 1932 and his ascension
to office in 1933 ushered in a new approach, an approach that was
called the New Deal. That basically said: We are going to take control
of the situation. We are going to stand behind your deposits in the
bank to make sure you don't lose them. If the bank fails, you won't be
broke--the Federal Deposit Insurance Corporation. We are going to put
the watchdogs on Wall Street to make sure people don't do things there
that are basically, if not illegal, unwise, and so we are going to make
certain we have good business practices there. We are going to stand
behind the farmers. Before we let them lose their farms, we are going
to try to get them through a difficult year so they can be there to
fight again. We are actually going to create jobs across America.
First, for those who are working, we are going to create the minimum
wage so that people know they can get a basic salary to live on. And
for those who couldn't find work in the private sector, Franklin
Roosevelt said: We will create WPA jobs and other jobs across America
building things that will serve us for generations to come.
The New Deal was launched, and not long after it was launched, voices
similar to ones we have heard this evening came forward and said: Wait
a minute, we are spending money we don't have. We are going into debt
as a nation.
Those voices started to prevail. So Franklin Roosevelt and the New
Deal started to back off. They backed off the stimulus to the American
economy, and the unemployment rate, which had gone down from over 20
percent to 13 or 14 percent, went back up again to 19 percent and
languished because, with the lack of stimulus into the economy, America
was not getting well and strong.
Then something came along which the Senator from Nevada failed to
mention. He spoke about how government spending really doesn't
invigorate an economy. I would suggest to him that he left out one
phrase in a speech I would like him to look up--World War II. When we
went into that great war to stop Hitler, to stop the forces of nazism
and fascism across America, we mobilized this country and put it to
work building the war machine. Great sacrifices for families across
America--Rosie the Riveter. Mom went to work because Dad was off
fighting the war. Everybody pitched in. We went in debt as a nation,
but we won that war and came out of it with a strong, thriving economy,
one of the strongest in the world. So to argue that government
spending--which there was a lot of during World War II--didn't have
anything to do with economic stimulus is to ignore the obvious. It did.
Let's fast-forward to where we are today and where we are tonight.
I see my colleague, the Senator from Rhode Island, is here. He has
been chairman of the Joint Economic Committee, and he understands the
economic conditions better than most of us who serve in the Senate. But
I got a little insight into our economy by serving on the President's
deficit commission for the last 10 months. We met week after week,
month after month, and we talked about the state of the American
economy and the debt of our Nation.
I came to the conclusion--which 11 out of the 18 members of the
deficit commission agreed with--that the current situation is
unsustainable. We are, in fact, borrowing 40 cents out of every dollar
we spend. Whether that dollar is spent for a new missile system for the
Pentagon or whether it is spent for food stamps for the poorest of the
poor in America, we borrow 40 cents out of every dollar spent, and we
borrow it from countries that are becoming our creditors, our
mortgagors, countries such as China, the OPEC nations, Korea, Japan,
and Saudi Arabia. They are the ones loaning us the money. Of course, it
calls into question whether they think we are creditworthy. That is why
we need to do something about our debt as we get more deeply into debt.
The Senator from Nevada talked about the state of the economy and the
debt we are facing, but he failed to tell the whole story. I always say
the story should begin with what the state of the economy was the day
President William Jefferson Clinton left office. At that moment in
time, the accumulated debt of America, from George Washington through
President Clinton's 8 years, was $5 trillion. At that time, we were in
surplus on our annual budgets, and President Clinton turned to incoming
President George W. Bush and said: Next year, we project a $120 billion
surplus for your budget, so we are leaving you in good shape, not with
red ink but with black ink--a $5 trillion debt, $120 billion surplus in
the coming year.
Eight years later, at the end of George W. Bush's administration, the
national debt had grown from $5 trillion to $12 trillion--more than
doubled in 8 years--and President George W. Bush said to incoming
President Obama: I am not leaving you a surplus; I am leaving you a
$1.2 trillion debt for the next year.
George W. Bush inherited a $120 billion surplus when he came to
office, but he left behind a $1.2 trillion debt. How did we reach such
a sorry state in a mere 8 years? President Bush was the first President
in history to cut taxes in the midst of a war. It is counterintuitive,
and he did it. He believed the economy would grow, and it didn't work.
As a result, we got more deeply into debt. He gave tax cuts to the
wealthiest in America, and they are the least likely, from an economic
point of view, to invigorate our economy. And then he turned around and
had several programs he signed into law that were totally unpaid for,
just adding to our debt.
That is where we find ourselves today. That is where the deficit
commission finds itself. So just a few weeks ago, we reported--11 out
of 18 members voting--in favor of the deficit commission. Two weeks
later, here I stand on the floor of the Senate, and we are considering
a bill which will add $858 billion to the national debt. That isn't
something we anticipated when the deficit commission labored for 10
months trying to figure out ways to cut $4 trillion out of the debt
over 10 years. Here we are, 2 weeks later, adding this money to our
debt.
I will tell you that I vote for it, and I do with a specific reason
in mind. I believe that unless we do something definitive and decisive,
we are not going to come out of this recession as quickly as we should,
more people will lose their jobs, and our debt will get worse. We need
to stimulate and invigorate this economy.

[[Page 19850]]

I think President Obama was right 2 years ago when he had a stimulus
package. I might remind my friends on the other side of the aisle that
a third of it was tax cuts--which is their mantra in good times and
bad--a third of it was tax cuts, a third was a safety net, and a third
was basically designed to build the infrastructure of this country. I
thought it was a good stimulus package, and I do believe it created
millions of jobs or at least saved millions of jobs that would have
been lost. The same holds true today. We need to invigorate this
economy and move it forward. That is why I support this package.
Let me tell you something else. There are things in this tax package
which will be voted on tonight or early tomorrow morning which I find
awful and indefensible--two in particular. First, that we would extend
tax cuts to the wealthiest people in America at this moment in our
history I think is indefensible. Second, that we would segregate a
small group of the wealthiest people in America and say we are going to
give them blessed treatment when it comes to the estate tax they pay I
think is mindless. It is not going to invigorate the economy. In the
name of justice and fairness, these people, who have done well, should
pay back some of it to the country that has allowed them their
prosperity. Instead, the Republicans have insisted that the wealthiest
of the wealthy in America should receive more.
This chart really tells you what is happening in this country, and it
is a scary story--not just sad but scary. The accumulation of wealth
for the richest 1 percent of the population in America--in 1976, the
richest 1 percent of Americans had 8.9 percent of the wealth in
America. In 1976, the top 1 percent had 8.9 percent. Now go to 2007.
The top 1 percent population in America has 23\1/2\ percent of the
wealth.
I don't begrudge anyone prosperity, wealth, and comfort, but they are
getting wealthy at the expense of a society which is not providing for
those in lower income categories. The people in lower and middle-income
categories are falling further and further behind. That is why we
cannot allow this tax cut that otherwise would have been reimposed as a
tax increase on January 1 on them to occur. That is why I have
swallowed hard and said I will vote for this package even though I
think the breaks for the wealthy really can't be justified from an
economic or justice viewpoint. I just don't think they can. But that is
the reality we face.
I do want to say one thing before I yield to my friend from Rhode
Island. Mark my words, write them down, put them away in a desk drawer,
and pull them out April 1, and they are these: When the Obama
administration comes to Congress and says, now that you have voted for
additional tax cuts and spending, Members of Congress, you must now
increase the debt ceiling of America because we need to borrow the
money to cover what you voted for, including the vote that took place
this December, which creates $858 billion more in debt, you will hear
the other side of the aisle screaming, wailing, whining, and crying
that there is no way they can vote to increase the debt ceiling of
America. The same people who will have voted for this tax package
increasing the debt of America by $858 billion will refuse to pay the
check when it comes to the table after the dinner. They had the big
banquet, they announced the tax cuts for the wealthy, but when the
check comes to the table that says, incidentally, now we have to borrow
that money, they are going to say: No way. We are fiscally
conservative. We don't borrow money. No, but you spent it. And they
have spent it either directly on spending or indirectly on tax cuts.
That will come between April 1 and July 1.
I am sorry that as part of this tax package we do not have an
increase in the debt ceiling. Those who are going to want to wave the
banner of tax cuts and claim all the credit for tax cuts should also
stand up and take their medicine because we are going to have to borrow
the money to pay for it, and we will need their votes when it comes
time to address the debt ceiling.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Rhode Island is recognized.
Mr. REED. Mr. President, I understand there is unanimous consent that
I be recognized and then Senator McCain; is that correct?
The PRESIDING OFFICER. The agreement was simply to recognize the
Senator from Rhode Island.
Mr. REED. Mr. President, I ask unanimous consent that Senator McCain
be recognized as soon as I make my remarks and then Senator Bingaman at
the conclusion of Senator McCain and then Senator Cardin, and that if
there is a Republican seeking recognition between Senator Bingaman and
Senator Cardin, that Senator be recognized at that time.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REED. Mr. President, I rise to discuss the tax proposal before
us. We are in a critical moment. Our economy is slowly climbing from
the depths of a deep recession but without additional support it could
easily backslide. We cannot afford to let that happen.
There are still too many Americans--15 million--who desperately want
the opportunity to work but cannot find a job in this difficult
environment. My top priority is creating jobs and sustaining demand to
continue job growth in this country.
I have serious concerns about several of the provisions of this bill
that will not help us accomplish that goal of creating and sustaining
jobs, but I will support this package because right now, back in my
home State of Rhode Island, there are approximately 65,000 men and
women from all walks of life who are unemployed and need this bill.
Many of them are individuals in the middle of their careers who have
worked since they were 18 or 21 continuously, productively, and now
they find themselves for the first time in their lives without any job.
If we do not act, they will be without the means to support their
families and provide for their children.
This bill preserves emergency unemployment insurance to help these
individuals make ends meet and help them to hold their families
together. It will help ensure they can buy the groceries, pay the
utility bills, and literally keep a roof over their heads in many
cases. Their situation is one of my primary concerns in these difficult
times.
Moreover, these unemployment benefits don't just help the jobless,
they boost the entire economy as the unemployed spend their benefits at
local businesses. Americans want us to focus on creating jobs and
generating economic growth. Indeed, for much of the past 2 years,
Democrats proposed many things that would help middle-class families
and small businesses only to be thwarted or slowed by procedural
roadblocks and sometimes disingenuous claims.
Just two Saturdays ago we could not break filibusters of two bills
that would have passed the middle-class tax cut and also renewed
unemployment benefits without un-needed additions. On several occasions
over the past few months we have had legislative initiatives for tax
extenders that would have included key elements such as a national
housing trust fund and key infrastructure incentives. Again, those two
were thwarted by procedural roadblocks.
But now we are faced with the specter of a tax increase on the middle
class during this dispiriting economic time if we do not act. Perhaps
we could have avoided this situation. The Bush tax cuts, which I
opposed, had an artificial termination point in order to fix them into
budget projections. But, again, we are here today at the last minute,
and it appears the only path our Republican colleagues will accept is
the one before us. Indeed, Republicans will not let this train leave
the station unless the very wealthiest hitch a ride too.
The challenge we face is the need to sustain and accelerate growth so
employment increases while also recognizing the need to reduce the
deficit once the economy is stable again. That is no small challenge.
As a number of budget deficit commissions have suggested in recent
weeks, we may have to consider reforms to Medicare, Social

[[Page 19851]]

Security, defense funding, tax expenditures, and investment in domestic
programs--all of them to stabilize the deficit in the long term. I do
not relish those tasks, and I do not imagine America's families relish
it either. However, this is a reality we must confront as our economy
improves. It is a reality that will be difficult. It is a reality that
will be a great challenge, but it is one we must face.
This bill includes many provisions that will provide economic growth.
As I have mentioned before, the effect of an unemployment insurance
extension is not just on the individual recipients, it is estimated by
nonpartisan experts that nearly $2 of economic activity is generated
for each $1 in benefits. That is a very effective stimulus for the
economy.
The bill also includes a 2-percent cut in the payroll taxes paid by
workers, and after local or State sales taxes, reductions in the
payroll tax have the biggest impact on families living on the average
wage. Again, this provision is estimated to create more economic
activity than it costs, and it will, in essence, be the first raise
many workers have seen in several years.
In addition, the proposal contains a host of other benefits for
working- and middle-class families--by extending the child tax credit
for 10.5 million families as well as an extension of a partially
refundable tax credit of up to $2,500 for the cost of college tuition.
All of this economic activity means jobs and more money in the pockets
of hard-working Americans.
These are targeted, well-designed provisions worthy of support.
Indeed, private sector forecasters as well as economists such as Mark
Zandi suggest this bill will help maintain the fragile recovery and
could lead to a 1-point drop in the unemployment rate and perhaps as
much as a 1 percentage increase in GDP in 2011 as compared to previous
baselines that took into account only the extension of the middle-class
tax cut and expiring provisions such as the AMT.
There is, from experts, considered opinion that this legislation will
help grow the economy, reduce the unemployment rate, and put people
back to work. The bill also recognizes the need to build on the small
business lending and tax credit bills we enacted this summer and fall.
Indeed, the provisions to allow businesses to expense 100 percent of
all their investments in 2011 is expected to generate more than $50
billion in additional business investment next year. That is private
companies investing in private enterprises to put people to work on a
private payroll.
The bill also encourages businesses to invest in future products by
extending the research and development tax credit to keep us
competitive in a very competitive world.
The bill also recognizes the need for clean, domestic energy by
continuing the renewable energy production grants for wind, solar,
geothermal, and a host of other technologies.
This legislation responsibly ensures that the tax rates in place for
lower income and middle-income families stay as they are today. It
maintains the middle-class tax cut. Indeed, the great bulk of the
benefits of this bill will be directed at stimulating the economy and
assisting the average American family.
But in the face of this deficit, it is very difficult to justify the
provisions of the bill for the wealthiest Americans because they
provide negligible economic growth while adding to the deficit. In
fact, these provisions work against the two great issues we must
grapple with, stimulating growth and beginning to control the deficit.
According to the nonpartisan Congressional Budget Office and other
experts, the decision to provide millionaires and billionaires with tax
breaks will not generate many jobs because they are more apt to save
these benefits than circulate them in the local economies throughout
the United States.
In particular, the decision to insist on such an aggressive estate
tax proposal is very difficult to justify. Instead of adopting a
commonsense proposal that would have exempted well over 95 percent of
all estates, our colleagues on the other side of the aisle demanded
that the bill contain a tax break worth more than $25 billion over the
next 2 years for the top one-quarter of 1 percent. Let me repeat that,
a $25 billion provision that benefits one-quarter of 1 percent of all
estates.
It is a slight comfort that these provisions are not permanent. While
I would gladly support an effort to remove or modify these provisions
immediately, at the very least they have to be the first on the list of
those tough decisions we have to face in order to reduce the deficit in
the future. We do have to address the deficit and part of that effort
must clearly be through tax reform and eliminating tax expenditures.
I think there is too often a perception that tax cuts are free. As my
colleague from Illinois suggested, failing to link the debt ceiling
with this particular legislation could give the impression that we can
cut taxes with no effect on the deficit. These tax cuts do add to the
deficit. We have to recognize that. When we come back to face the
difficult issues as we did in the 1990s--I supported President
Clinton's efforts which led to a balanced budget, which led to a
surplus, which led to employment gains--those decisions involved
revenue, cutting entitlements, cutting defense spending, and making a
lot of difficult choices. We will have to face those choices again.
We are at a point where the benefits of this bill are necessary to
accelerate economic growth and to help the unemployed and struggling
middle class families. That is why I will support this bill.
Thank you, Mr. President.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona is recognized.

Omnibus Appropriations

Mr. McCAIN. Mr. President, according to my calculations, it has been
42 days since the people of this great Nation of ours spoke, and they
spoke in a very strong fashion. It was described by the President of
the United States as a ``shellacking.'' It was described by others as a
tsunami.
The House of Representatives, as we know, passed to Republican hands.
In this body there were six additional Members from my side. I thought
the message was pretty clear--that the American people said: Enough
with the spending. Enough with the porkbarrel earmark spending. Enough
of mortgaging our children and our grandchildren's futures.
I do not know of a single pundit or observer of the chattering class
who did not say the message was clear from the American people. The
phenomena of the tea party was ``taxed enough already,'' but they were
against the spending, the earmarking. The approval rating of Congress
is somewhere at, depending on which poll you look at, 10, 12, 14, 16
percent--overwhelming disapproval of the way we do business.
At 12:15 today my office received this appropriations bill, 1,924
pages long, and containing funding for all 12 of the annual
appropriations bills, for a grand total of $1.1 trillion. It is
important to note of this 1,924 pages is only the legislative language
and does not include the thousands of pages of report language which
contains the details of the billions of dollars in earmarks, and I am
sure major policy changes written without a hearing, written without
scrutiny, written without the input of the majority of the Members of
this body, written by a handful of Senators who happen to be members of
the Appropriations Committee.
The American people said just 42 days ago: Enough. Are we tone-deaf?
Are we stricken with amnesia? What is going on? We have just begun to
look at this monstrosity, and we are beginning to uncover which
earmarks the appropriators decided to fund.
Thanks to a new online data base, we at least know what earmarks were
requested by Members and how much those projects would cost the
American people if they were all funded. Organizations such as
Taxpayers Against Earmarks, Washington Watch.Com, and Taxpayers for
Common Sense joined forces to create a database. According to the data
they compiled for fiscal year 2011, Members requested over 39,000
earmarks totaling over $130 billion--those were requested.
I encourage every American to go to the Web site, endingspending.com,

[[Page 19852]]

study it, and make yourselves aware of how your elected officials seek
to spend your money.
In the short time I have had to review this massive piece of
legislation, we have already identified approximately 6,488 earmarks
totaling nearly $8.3 billion when we are running record deficits. When
there is a $40,000 debt for every man, woman, and child in America, we
are going to have 6,488 earmarks totaling nearly $8.3 billion. Here is
a small sample: $277,000 for potato pest management in Wisconsin--you
will notice there is a location for every one of these earmarks--
$246,000 for bovine tuberculosis in Michigan and Minnesota; $522,000
for cranberry and blueberry disease and breeding in New Jersey;
$500,000 for oyster safety in Florida.
One of my favorites that pops up all the time is $349,000 for swine
waste management in North Carolina. Another one of my all-time
favorites that is always in there, $413,000 for peanut research in
Alabama; $247,000 for virus-free wine grapes in Washington; $208,000
for beaver management in North Carolina; $94,000 for blackbird
management in Louisiana; $165,000 for maple syrup research in Vermont;
$235,000 for noxious weed management in Nevada. That is another one
that, when you total it up over the years, comes into millions.
One hundred thousand dollars for the Edgar Allen Poe Cottage
Visitor's Center in New York. Another of my all-time favorites that is
always on here every year, $300,000 for the Polynesian Voyaging Society
in Hawaii. If some people are watching, you are thinking I am making
this up. I am not making it up. Three hundred thousand dollars for the
Polynesian Voyaging Society in Hawaii; $400,000 for solar parking
canopies and plug-in electric stations in Kansas.
Additionally, the bill earmarks $720,000 to compensate ranchers in
Wisconsin, Minnesota, and Michigan whenever endangered wolves eat their
cattle. As my colleagues know, the U.S. Fish and Wildlife Grey Wolf
Program is under intense scrutiny for wasting millions of taxpayers'
dollars every year to ``recover'' endangered wolves that are now
overpopulating the West and Midwest. My State of Arizona has a similar
wolf program. But ranchers in my State are not getting $727,000 in this
bill.
I will have a lot more to say about this bill this week. I assure my
colleagues, we will spend a lot of time talking about this bill and the
outrageous number of earmarks it contains. But let me say this: It is
December 14, 22 days away from the beginning of a new Congress, and
nearly 3 full months into fiscal year 2011. And yet we have not debated
a single spending bill or considered any amendments to cut costs or to
get our debt under control.
Furthermore, the majority decided that they did not feel like doing a
budget this year. How is that responsible leadership? This is the ninth
omnibus appropriations bill we have considered in this body since the
year 2000. That is shameful. We should be embarrassed by the fact that
we care so little about doing the people's business that we
continuously put off fulfilling our constitutional responsibilities
until literally the last minute.
One thing is abundantly clear. The majority has not learned the
lessons of last month's election. The American people could not have
been more clear. They are tired of the wasteful spending. They are
tired of big government. They are tired of sweetheart deals for special
interests. They are tired of business as usual in Washington. And they
are certainly are tired of massive bills, like this one, put together
behind closed doors, and rammed through the Congress at the last
minute, so that no one has the opportunity to read them and no one
knows what kind of waste that is in them.
Let me be clear about one thing: If the majority leader insists on
proceeding to this monstrosity, the American people will know what is
in it. I will be joined by many of my colleagues on this side of the
aisle to ensure that every single word of this bill is read aloud here
on the Senate floor.
I encourage my friends on the other side of the aisle to rethink
their strategy. Let's move forward with a clean, continuing resolution,
keep the government in operation for 45 days, let the new Congress,
that reflects the will of the American people, address these issues in
the long term. Let's not go out the door of this Congress with a whole
bunch, 6,800-some earmark projects that the rest of us have not read. I
encourage my friends on the other side of the aisle to rethink their
strategy. Let's move forward with a short-term continuing resolution,
45 days. Senator Gregg has an amendment pending to do that.
The majority may be able to strong-arm enough Members into voting for
this omnibus, but they will not win in the end. The American people
will remember, and I predict we will see a repeat of last November 2 in
the very near future.
Here we are on December 14, after last year being in session on
Christmas Eve. Apparently we may be in session again on Christmas Eve.
If I might point out, having not been in session a single Friday the
entire year--not being in session a single Friday the entire year--yet
this afternoon the majority leader said, well, we can be here on
Christmas and New Year's and that we could be in session until January
4, before the new Congress is sworn in.
Obviously the majority leader and the majority can do that. But I do
not think the American people think very much of what we are doing
here. In fact, I think they are going to be deeply disappointed and
greatly angered because we have, with the consideration of this bill,
repudiated all they thought they were standing for and voting for: an
end to this kind of behavior, an end to the earmarking and porkbarrel
spending, an end to the mortgaging of our children and our
grandchildren's future.
So it is with great regret that I again have to come to the floor, as
I have for many years, and be critical of my colleagues who are good
and honorable and decent Americans. But this process, this process of
earmarking, which this is an example of, is not honorable behavior.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, I want to speak for a few minutes on the
tax package that is before the Senate and that we will be voting on
tomorrow.
Yesterday, the Senate voted to proceed to this $857 or $858 billion
package that would have the effect of extending all personal income tax
rates for 2 years, substantially reducing the estate tax, establishing
or extending a host of tax incentives for American families and
businesses.
I think the way to evaluate this package is on two basic grounds.
First of all, how does it help us deal with the very substantial
economic problem we face with trying to strengthen the recovery from
this deep economic downturn that we have experienced and, second, how
is it helping us to set a long-term course to achieve fiscal stability.
On the first issue, the economic recovery, there is much in the
package that I would strongly support and that I do strongly support.
We should protect 98 percent of American households from any tax
increase. We should extend benefits to our fellow Americans who are
unable to find jobs in this period of very high unemployment. We should
continue key business incentives such as the section 103 program, which
has provided a critical lifeline to the renewable energy industry.
If the only economic imperative that we faced was how to strengthen
this recovery from the downturn, I would be voting for the package. But
as I said at the outset, that is not our only economic imperative. Our
dire fiscal condition requires us also to adopt a strategy that will
dramatically reduce deficits in the coming years. Frankly, I am
disappointed by the plan's shortsightedness on that issue and,
therefore, I did oppose the cloture motion yesterday, and I plan to
vote against the package tomorrow when the vote is called.
If we are serious about addressing the deficit, we need to admit that
we cannot afford all of this package. In 2001, I

[[Page 19853]]

came to the floor to explain my opposition to enacting the so-called
Bush tax cuts. At that time the Congressional Budget Office was
actually projecting budget surpluses. But as I explained then, I viewed
the 2001 tax cuts as carrying a higher pricetag than we as a nation
could afford. The 2001 cuts, which were accelerated in 2003, reduced
the stream of revenue to the Federal Government by an amount that
virtually guaranteed the elimination of our anticipated budget surplus,
and instead insured that substantial deficits would once again become
the norm in our Federal budget.
The result, which is a Federal debt that today nears $14 trillion,
could have been avoided under the Bush tax structure only if there had
been major cuts in spending at the same time. As we all know, no such
cuts in spending were ever proposed by the President, and no such cuts
in spending were ever adopted by the Congress. In fact, in the years
following the Bush tax cuts, spending increased very substantially. The
Bush tax cuts were larger than we could afford when they were adopted.
Including interest costs, those tax cuts account for nearly 55
percent of the deficit that is projected to the end of the next decade.
Once again, in my view, we cannot afford to extend those tax cuts in
their entirety today. The Nation's debt now stands at 62 percent of
gross domestic product.
The Congressional Budget Office says if we continue on our present
course, that debt will reach 90 percent of gross domestic product by
2020 and 185 percent of gross domestic product by 2035. This concern is
not merely academic. Our growing deficit has stark consequences for our
government's ability to meet essential priorities.
At current levels, government revenue in 2025 will be enough only to
cover interest on the debt, Medicare, Medicaid, and Social Security.
The threat to American prosperity is severe. By 2035, rising debt could
reduce per capita gross domestic product by as much as 15 percent.
In recent weeks, we have had several expert commissions tell us that
we need to get the debt under control. They have offered thoughtful,
practical proposals to do that. This National Commission on Fiscal
Responsibility and Reform released a six-part plan that would achieve
nearly $4 trillion in deficit reduction through 2020.
Five of the six senators who served on the commission supported the
plan. Two weeks earlier, a bipartisan commission, headed by former
Congressional Budget Office Director Alice Rivlin, and my former
colleague Pete Domenici, issued their own report. Both bipartisan
groups concluded that to be credible any deficit reduction plan must
impose limits on spending and must increase revenue.
For much of this Congress, the excuse for deferring serious action on
deficits and debt has been that we should wait and see what these
commissions decide. Well, now that these commissions have finished
their work, this bill is our first chance to begin considering their
recommendations. I see no evidence that we are doing so in this
legislation.
I understand we cannot tackle both tasks simultaneously, that is,
stimulating the economy and reducing the deficit. We cannot attack both
of those tasks with equal force at the same time.
A decision, which I have supported, has been to focus first on
stimulating the economy. But that focus does not excuse us from also
taking the relatively easy steps that are available to reduce future
deficits. I agree with the Commission for a Responsible Federal Budget,
whose leaders argue that, ``The critical objective is to pair any
stimulus for the short term with a credible plan to reduce the debt in
the medium and long term.''
We should be talking about what triggers to attach, how to pay for
the new package over the decade, what spending cuts and tax reforms to
make. It is unfortunate that that conversation has not taken place.
Because the cost of the package is not offset, it has been,
unfortunately, larded up with very wasteful provisions that do little
to stimulate the economy. The most problematic is the one many
colleagues have commented on, that is, the $129 billion to extend tax
cuts that benefit only the very high-income American households and
reduce the estate tax below 2009 rates.
Proponents of the bill say that because the economy is weak, now is
not the time to allow the tax cuts for the wealthiest households to
expire. But a Congressional Budget Office report issued earlier this
year tears down this argument. They examined 11 options to stimulate
growth and job creation and concluded that extension of the 2001 and
2003 tax cuts was dead last in that list of 11. They further found that
extending the tax cuts for high-income households, in particular, would
rate lower in effectiveness than extending all the tax cuts because:
``Higher-income households . . . would probably save a large fraction
of their increase in after-tax income.''
There is one comparison that puts this sharply into perspective, at
least to my view. Last month, the President announced that because of
concerns about the deficit, he was proposing to freeze all civilian
Federal salaries at a savings of about $2.5 billion a year. I stated at
the time that I supported his decision. But in this package we will
erase those savings nearly three times over merely with the reduction
of the estate tax from the 2009 levels. Is it not enough to reinstate
the 2009 estate tax provisions which exempt $7 million in assets per
couple and tax amounts above that 45 percent? Under this package, the
exemption is dialed up to $10 million per couple, and the rate is
reduced to 35 percent. So instead of reaching only 1 out of 400
American estates, this plan would subject 1 out of 1,000 estates to any
tax whatsoever. So while a GS3 clerk at the Department of Agriculture
office in Albuquerque will have her salary frozen in the name of fiscal
responsibility, the heirs of a $50 million estate will save $5.35
million. This unwarranted generosity will cost our Treasury an added $7
billion a year. Americans are right to question how we can be serious
about reducing the deficit when we are ready to give wealthy heirs a
windfall with no benefit whatsoever to the economic recovery.
I also am troubled that the package makes the Tax Code permanently
temporary and falsely assumes we will be able to achieve a different
outcome when we debate this issue 2 years from now. Today's Wall Street
Journal points this out in a story entitled ``Temporary Tax Code Puts
Nation in a Lasting Bind.'' The piece opens with this sentence:
``Welcome to the world of the temporary tax code.''
I ask unanimous consent that the text of that article be printed in
the Record at the conclusion of my remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. BINGAMAN. The main argument being used in support of the
extension is that this is the only proposal we can get our Republican
colleagues to agree to. In my view, that is an uncharitable view of our
Republican colleagues. I think they would embrace a more responsible
proposal if they felt they were required to do so.
The fact that not a single Republican supported either the proposal
Senator Baucus brought to the floor or the proposal Senator Schumer
brought to the floor last week, in my view, results from their
expectation, which was apparently accurate, that if they remained
intransigent, Democrats would give in to their demands to extend all
the tax cuts. Those demands reflected in the bill now before us do not
acknowledge the serious problem we face with our deficits. I have
explained why.
There are also some important provisions that were included in the
Recovery Act which, unfortunately, have been left out of this tax
package. I am informed they have been left out because Republican
leaders have insisted Recovery Act provisions not be extended. There
are some of the provisions in the Recovery Act that had been extremely
beneficial to economic activity in my State. The Build American Bonds
program, for example. It is very unfortunate that program is not being
continued as part of this package. The package also ends a provision

[[Page 19854]]

Senators Crapo and Grassley and I fought to include in the Recovery
Act, which raises the bank-qualified limit, which was last adjusted in
1986, for small municipalities that sell debt to community banks. This
has significantly reduced rural governments' borrowing costs and
created jobs and needed infrastructure improvements in thousands of
communities. I am disappointed that has not been continued.
The reflexive anti-Recovery Act position Republican leaders have
taken is reflected as well in the provisions dealing with energy. In
spite of the positive provisions in this legislation to strengthen the
economic recovery--and there are some which I strongly support--the
bill moves us in the wrong direction with regard to our other major
problem, which is deficit reduction. On that issue, it will start the
112th Congress off on the wrong track. For that reason, I will oppose
the legislation tomorrow when the vote is called.
Mr. President, yesterday the Senate voted on proceeding to the most
significant revenue bill of the 111th Congress. As I explained when I
came to the floor earlier today, this bill contains important
provisions that will stimulate the economy. I strongly support
extending tax cuts to the overwhelming majority of American families.
But this bill goes further than that. It extends tax cuts to the very
highest earners and adds a substantial estate tax cut. And it does so
without any offsets or any plan to address the deficit. The inclusion
of those provisions will make it difficult for the next Congress to act
in a responsible way to address our serious deficit situation. For
those reasons, I voted against proceeding to the bill.
While my ``no'' vote was driven primarily by the bill's fiscal
recklessness, I am also disappointed by the inadequacy of its energy
tax provisions. Aside from a 1-year extension of the section 1603 grant
in lieu of credit program, which will offer some support to our
renewable energy industries, every meaningful advanced energy incentive
that was included in the package Senator Baucus offered has been
stripped from today's bill, or reduced to the point of near-
ineffectiveness. These include key provisions to promote energy
efficiency, clean technology manufacturing, energy independence, and
pollution reduction.
Among its disappointing provisions, this bill chooses to extend the
volumetric ethanol excise tax credit, or VEETC, for an additional year
at its current rate of 45 cents per gallon. When we include the
associated income tax deductions, this extension will cost American
taxpayers about $6 billion. But the VEETC subsidizes production of a
fuel whose consumption is already mandated by our renewable fuel
standard. The House was poised to drop the credit down to 36 cents, a
level that I would support. But today's so-called compromise package
extends the credit at 45 cents a gallon, which will cost an additional
$1 billion. That $1 billion would be better spent funding other clean
energy technologies which do not enjoy the market protection of the
renewable fuel standard. For instance, we could much better use the $1
billion for the advanced energy project credit, or section 48C, which
enables companies to establish, reequip, and expand factories in the
U.S. to manufacture advanced energy technologies.
Failing to change this bill's energy provisions will ensure that the
111th Congress will be recorded as one that failed to maximize its
potential in using the Tax Code to promote advanced energy priorities.
To be sure, the American Recovery and Reinvestment Act included many
significant tax innovations that promote clean renewable energy and
energy efficiency. But since ARRA's enactment at the very beginning of
this Congress, the Senate has failed to consider any legislation that
would build off those innovations. Time and again, energy tax
legislation was pushed back, delayed, and obstructed. Particularly
galling is that this obstruction occurred in a year that saw the worst
environmental disaster in the history of this Nation, one that resulted
from our overdependence on fossil fuels.
But we still have an opportunity to turn things around before the
Congress adjourns. And so I urge the Senate to consider the
comprehensive commonsense provisions that Senator Snowe and I have
offered as an amendment.
Our amendment, No. 4783, is modeled on a standalone bill, the
Advanced Energy Tax Incentives Act of 2010, S. 3935, which Senator
Snowe and I introduced in September. This is a bipartisan,
comprehensive package of incentives focused on enhancing energy
efficiency, deploying renewable energy, and rebuilding our domestic
manufacturing base. These commonsense incentives will make our
businesses more dynamic and competitive, our homes more efficient, our
economy more secure, and our skies and waters cleaner.
Among other highlights, our amendment would enable home and business
owners to defray upfront costs of investing in energy-saving
technologies, including the introduction of performance-based tax
credits for whole home retrofits. It would make $2.5 billion in tax
credits available to attract manufacturers of technologies that harness
clean renewable energy or enhance energy efficiency and establish a $1
billion tax credit program to enable American manufacturers to
undertake energy-saving measures that advance their competitiveness.
Our amendment would facilitate the growth of renewable electricity by
creating a tax incentive for energy storage systems, which will enable
utilities to deploy intermittent energy sources like wind and solar
power while reducing energy demands during peak hours and contributing
to an overall more reliable smart grid. And the amendment would retool
the tax credit for carbon capture and storage, CCS, to give CCS
projects greater certainty.
Mr. President, we must continue to ensure that the Tax Code contains
well-designed incentives that will help us transition to an energy
efficient economy. The most significant revenue bill of the 112th
Congress should include robust provisions that expand domestic clean
energy manufacturing; help American businesses and families reduce
their energy use and dependence on fossil fuels; and create thousands
of jobs. I deeply regret that in considering the bill before us, the
Senate will not give priority consideration to our amendment.
I yield the floor.

Exhibit 1

[From the Wall Street Journal, December 14, 2010]

`Temporary' Tax Code Puts Nation in a Lasting Bind

(By John D. McKinnon, Gary Fields and Laura Saunders)

Washington.--Welcome to the world of the temporary tax
code.
In the late 1990s, there were typically fewer than a dozen
tax provisions that had just a limited lease on life and
needed to be renewed every year or so.
Today there are 141.
Now Congress, taking up a deal worked out between the Obama
administration and Republican leaders, is poised to turn the
whole personal income-tax system into something of a
temporary structure. The plan embraces a broad range of
provisions--an extension of Bush-era rates, a new estate-tax
formula--but for only two years. A payroll-tax cut in the
bill is for a single year.
This means that if the compromise passes largely intact,
the U.S. will have no permanent regime governing levies on
salaries, capital gains and dividends, the Social Security
tax, as well as a slew of targeted breaks for families,
students and other groups. This on top of dozens of
corporate-tax provisions that already were subject to annual
renewal.
The level of uncertainty, unusual for developed nations,
complicates planning and discourages hiring and investment,
many economists and corporate executives say.
``I haven't seen anything like it, and it's hard
historically to find anything like'' the current and pending
negotiations, says Mortimer Caplin, an Internal Revenue
Service commissioner in the Kennedy administration who at 94
is just three years younger than the income tax itself.
``This Congress has left an awful lot up in the air.''
A vote to pass the tax deal in the Senate is expected on
Tuesday or Wednesday; prospects for swift approval in the
House remained cloudy but party leaders seem increasingly
resigned to the measure clearing Congress intact.
The two-year expiration of the bill's main provisions on
individual rates would occur just after the next presidential
election, and few in Washington envision a long-term solution
being crafted at such a charged time.
At the same time, the possibility of a sweeping tax-system
revamp can itself add

[[Page 19855]]

to the uncertainty, what with politicans increasingly ready
to talk about this. President Barack Obama has lately, as has
the deficit-reduction panel he appointed, including
Republican members such as Rep. Dave Camp, future chairman of
the House Ways and Means Committee. The possibility of an
overhaul that would put on the table long-established credits
and deductions could further uproot predictability.
This year has been something of a test case for tax
uncertainty, with concern about what would happen when
provisions adopted in 2001 and 2003 expired at year-end.
Sales of certain kinds of life insurance rose as families
wrestled with the possibility that estate taxes would jump in
2011. With no assurance the 15% rate on dividend income would
last past 2010, Kraft Foods Inc., Exelon Corp. and Altria
Group Inc. asked their shareholders to contact Congress in
opposition to an increase. Stocks of utilities, which
traditionally pay high dividends, appeared to factor in the
possibility of a rise in the dividend tax rate in 2011,
analysts said.
At Incobrasa Industries Ltd., a producer of biodiesel in
Gilman, Ill., sales manager Douglas Santos has been waiting
to see what happens to an expired tax subsidy for his
industry. He is running at 25% capacity, vs. 100% in 2008.
Mr. Santos wants Congress to make up its mind one way or the
other. ``Just do something,'' he says. The bill before
Congress would restore the subsidy.
Economic research has shown businesses tend to be more
reluctant to invest when they perceive high levels of
uncertainty about various things, including over taxes. The
pressure on policy makers to narrow the budget deficit, not
merely simplify the tax system, further muddies the waters
now, says Massachusetts Institute of Technology tax economist
James Poterba, who finds ``the crystal ball . . .
particularly unclear at the moment.''
Some call the worries exaggerated. ``I truly do believe the
concerns expressed over tax uncertainty are truly
overblown,'' says Martin Sullivan, an economist with Tax
Analysts, a nonprofit tax publisher, who sees today's
situation as quite manageable compared with the profound
business uncertainty companies faced during the financial
crisis.
``We're used to [uncertainty] in the tax world,'' he says.
``What's changed in the last few years is the size of the
temporary extensions.''
Obama administration officials note that the tax code has
been through gyrations before, for example in the 1980s, when
Congress adopted accelerated depreciation in 1981, only to
repeal it five years later. That threw real-estate markets
into an uproar and added to problems that contributed to the
savings- and-loan collapse.
The White House says the current confusion points to the
need for a system that is more stable and simpler. ``We've
got to have a larger debate about . . . how is this country
going to win the economic competition of the 21st century,''
President Obama said last week. ``That's going to mean
looking at the tax code and saying, what's fair, what's
efficient? And I don't think anybody thinks the tax code
right now is fair or efficient''
Small business is often looked to as a source of job
growth. But the latest monthly survey by the National
Federation of Independent Business, a small-business advocacy
group, found that 75% of owners felt it wasn't a good time to
expand, and one in five said the main reason was doubt about
policy environment, including taxes.
For smaller companies, tax uncertainty could be an
incentive to expand overseas rather than in the U.S.,
according to Tom Duesterberg, president of the Manufacturers
Alliance, a group representing medium-size firms. Companies
``can't wait until all these [tax] questions are resolved,''
he says. ``They are not going to wait until all that
definitively happens. They have to deploy cash, please their
shareholders and expand and grow.''
Billy Hoffpauir, a developer in Lafayette, La., says he has
been trying to sell some real estate because ``with the
current uncertainty, I am unable to quantify the risk to make
long-term investment decisions.'' If he finds buyers, he
says, he would be likely to plow the cash into ``other
interests, probably overseas,'' because some foreign
countries have more favorable taxes and regulations. The tax
situation is the overwhelming driver in his business
decisions, Mr. Hoffpauir says.
Lea Bailes, president of Guier Fence in Blue Springs, Mo.,
says his plans for next year depend on how the tax debate
turns out: ``We're looking at acquiring a couple of smaller
fence companies. The number we acquire, honestly, will depend
on what we have to pay in tax.''
The company, which employs about 70, would try to hire two
to three new workers for each acquisition, possibly 10 in
all. ``If everybody our size can add 10 employees, we'd be a
lot farther down the road in dealing with the unemployment,''
Mr. Bailes says.
Guier is in the process of acquiring another firm now, and
while Mr. Bailes likes to take time to make such decisions,
he worries that concern over a possible rise in capital-gains
rates might make the seller push to complete the sale this
year. The bill in Congress would keep the current 15% top
rate for two years.
One reason unsettled rules on individual income taxes
affect planning at small businesses is that many don't pay
corporate tax, but pass business income through to the owners
for taxation on their personal returns.
Bill Wiygul, whose family owns four auto-repair businesses
in northern Virginia, estimates he and his wife would pay at
least $20,000 more in various taxes in 2011 if Congress
doesn't address parts of the code, including the Alternative
Minimum Tax. The AMT snags a growing number of filers each
year, and while Congress regularly limits the number
affected--and likely will do so again this week or next--this
has so far been an AMT ``patch,'' never a permanent fix.
Mr. Wiygul says he would trade an increase in tax rates for
greater certainty if the pain was shared by all. ``We are
petrified,'' he says. ``We would be more actively pursuing
expansion opportunities if we felt like the climate was more
certain.''
Large multinationals are only marginally affected directly
by income-tax provisions on the table this year. Yet the
stakes might be high for these companies. Executives worry
about becoming a target for lawmakers seeking revenue to
narrow deficits.
If a broad revision ``is a true `step back, let's take a
fresh look,' we would not be frightened by that,'' says Ken
Cohen, a vice president at Exxon Mobil Corp. But if it pits
industry versus industry or becomes a hunt for revenue,
``that's the process we would have much more apprehension
about.''
The reasons the tax code has acquired an increasingly
temporary cast have to do with deficits, a divided Congress
and even the constitutional system.
Political division contributes because of the daunting task
of mustering a filibuster-proof 60 votes in the Senate.
Legislative shepherds of the Bush cuts resorted to passage
under what is called ``budget reconciliation,'' requiring
only a majority vote. But a measure passed this way can't be
for longer than the budget that authorizes it, in this case
10 years. Hence the provisions expire in 2010.
Such an outcome is less likely in countries with
parliamentary systems because these leave the government less
subject to having its will thwarted by a large minority.
``Very few countries have tax provisions that expire unless
legislative action is taken,'' says Jeffrey Owens, head of
tax at the Organization for Economic Cooperation and
Development in Paris. ``Also, in most OECD countries, it's
the government that initiates new legislation, and once
proposed the legislation generally passes.''
Deficits tempt legislators to give tax provisions a
temporary term to disguise their cost. For proponents of a
new tax provision, the strategy is to get a foot in the door
by passing it for a year or two, at a seemingly affordable
cost, intending to renew it regularly.
That is how the number of provisions up for yearly
extension has ballooned. Though the provisions are often
extended in a bundle, a given provision's inclusion in the
bundle is never certain.
Perhaps nowhere has tax uncertainty been felt more
intensely this year than in the estate tax, always a
controversial matter.
A 2001 law lowered its rate and increased the exemption in
steps, with the tax lapsing in 2010 and then, unless Congress
acts, returning in 2011 at a 55% top rate on estates of $1
million or more. The unusual hiatus coupled with a far more
costly tax as soon as 2010 ended gave ``just an unbelievable
Alice-in-Wonderland aspect'' to planning for certain well-to-
do families, says Bruce Stone, a Miami-area estate lawyer.
Sales of a life-insurance policy commonly used for estate
planning rose 22% in the first nine months from a year
earlier, and their death-benefit coverage was up 30%. Though
the policies can also be used for other purposes, part of the
jump seemed clearly to be for hedging against the possible
estate-tax jump in 2011.
In a few cases, the uncertainty drove people to ponder
extreme measures to avoid a tax hit for heirs.
David Drouhard, a Washington-state farmer who is 56,
received a diagnosis of advanced kidney cancer 14 months ago
and faced a grim set of treatment choices. Most offered
little chance of extending his life more than 18 months,
although an immunity-boosting drug held out some hope. Mr.
Drouhard says he worried that inaction on the estate tax
would force his family to sell his wheat and alfalfa farm,
now worth about $3 million, to pay taxes if he died in 2011.
After much deliberation, Mr. Drouhard decided to take the
immunity-boosting drug, but with a caveat: ``I said, `If we
don't see results from the first series [of treatments], I'm
going to stop,'' he says. ``I try to take care of my family,
so why not go ahead and die instead of living another six
months.'' He has responded well to the treatment, but adds:
``I think it's wrong that you have to make that kind of
decision.''
The compromise Congress is weighing this week would set a
top estate-tax rate at 35% and the exemption at $5 million.
But this would be for just two years. Just as this year, a
failure by Congress to act then would cause the tax to then
revert to a top 55% rate and $1 million exemption, in this
case in 2013.

[[Page 19856]]

The PRESIDING OFFICER. The Senator from Maryland is recognized.
Mr. CARDIN. Mr. President, I take this time to talk about the Tax
Relief Unemployment Insurance Reauthorization and Job Creation Act, the
tax package, the Senate amendment No. 4753. This is the tax bill we
have been talking about for the last several weeks. The first thing I
wish to point out is that this bill is the result of a compromise.
Similar to any compromise, there are some provisions I strongly
support, and there are provisions I would have preferred not to see in
this legislation. We have to evaluate the positive aspects as well as
those provisions that I would prefer not to be included. There are some
very important provisions included in this legislation that I fought
long and hard to make sure we accomplished before Congress adjourns
this year.
First and foremost is a provision that would extend the current tax
rates for middle-income families. If we don't do that by December 31,
those tax rates will go up, and the withholding schedules would be
changed.
The bill also extends unemployment insurance, a matter I have voted
for and I have spoken on the floor about, the fairness and the
importance to our economy of extending unemployment compensation
benefits for those who are unemployed, giving the more recent
unemployed the same benefits we gave the earlier unemployed during this
downturn in the economy. Those benefits would be available through
2011. That is an extremely important provision, not just for the
individual who depends upon it in order to pay the mortgage or to pay
the bills, it is important because it speaks to the fairness of our
society during a recession. This is an insurance program. It is meant
to provide benefits to those who have been in the workforce and have
lost their jobs. It is very important for our economy, as far as our
recovery is concerned.
The legislation also extends the refundable child tax credit. This is
important to middle-income families in our communities. This is a
provision that helps lower wage families in particular. It extends the
American opportunity tax credit, to help middle-income families to
afford college education for their children, up to $2,500 a year. That
can make the difference between a person being able to go to a college
or not or go to the school they want to go to, which is not only
important for that family, it is also important for the country.
Investing in education is our best investment in order for America to
be competitive internationally.
The legislation also extends certain green energy tax credits. That
means jobs. Investing in green energy will help the economy create and
keep jobs in America. It will help us on an energy policy that will not
only be friendly toward the environment but help us in regards to
national security so we don't have to import oil from countries that
disagree with our way of life.
The legislation also provides important tools for business to invest
in job growth by allowing expensing. A company that makes an investment
in order to create more jobs will be able to write off that investment
during 2011 rather than having to wait and amortize it over a longer
period. It is a major incentive to get businesses more actively
involved in making the investments we need to create jobs. It is
particularly important for small companies. I hear frequently from
small businesses in my State of Maryland that tell me how difficult it
is for that business owner to make the type of investments necessary to
take advantage of job growth. Expensing helps them make that decision
now, giving confidence to our economy, which is something we
desperately need.
These provisions and others will help our economy. I need not remind
my colleagues that we have a 9.8-percent unemployment rate. That is not
acceptable to any one of us. It is the wrong time to allow tax rates to
go up for middle-income families when we have that type of
unemployment. The provisions I outlined will help job growth.
Economists are in agreement. The passage of these provisions will save
and create millions of jobs in America. That is what we need to do. We
need to get our people to work. Then we can deal with the other tough
issues, including deficit reduction and getting the budget in balance.
It is difficult to do that until we get the economy back on track.
The first priority is to get Americans back to work. The provisions I
outlined will help in that regard. It is clear to me from my
constituents in Maryland that during these tough economic times, it is
the wrong time to increase rates for middle-income families. I made it
clear that I would do everything I could to make sure that wouldn't
happen. The largest amount of the $858 billion this package provides in
tax relief, the overwhelming amount will go to benefit middle-income
families and create jobs. But there are other provisions that were
included in this package that I don't believe are helpful for job
growth. I don't believe they are worth the cost for the jobs they may
create. I refer to two provisions I strongly object to and would have
preferred not being in this package.
The extension of tax breaks for higher income wage earners will do
very little to spur additional economic growth. Let me give an example.
If you are making $1 million a year and get thousands of dollars of tax
relief provided under this legislation, the odds that you will spend
more and help stimulate the economy are very remote. It is another
thing if you are unemployed and you get an unemployment check. That
money will go right back into the economy and will help create jobs.
For people who are well off, millionaires, the economic benefit of
extending these tax rates is very marginal, minimal compared to the
cost of extending the tax breaks for the wealthiest.
It is consistent with how I voted last Saturday. Last Saturday, I
voted to extend the tax rates for those under $1 million. I thought
that was the right way, a good compromise. Unfortunately, the bill we
have before us extends the tax rates for all taxpayers.
The second provision I strongly object to being in this package is
the estate tax relief. The estate tax relief would provide, for the
next 2 years, families with $10 million of an estate or lower to be
totally exempt from the Federal estate tax and would reduce the rate to
35 percent.
Those who benefit from that are the upper one-quarter of 1 percent of
the families in this Nation. Quite frankly, I do not think, in these
tough economic times, that is going to have much stimulative effect on
job growth in America, and the revenues we lose could have been used in
a better way, I believe, for deficit reduction, which would have been a
stronger positive effect on our economy.
I thought we had a reasonable compromise on this issue. I thought we
had a reasonable compromise to go back to the 2009 rates. In 2009, as
you remember, we had gotten up to $3.5 million per person and $7
million per family and a 45-percent tax rate. I thought that was a good
compromise, and I am disappointed we did not come back to that
compromise. I think if we had done that, there would have been much
stronger consensus not only in this body but in the House for this
package.
So there is a good part of this package which I support. There is one
other good provision in there I wish to point out in regard to the two
last provisions and others I spelled out. It provides relief only for
the next 2 years. In other words, it is temporary relief. It will
expire in 2012. I think that is a good provision because that means we
are going to need to deal with the budget deficit. As I said earlier,
once our economy starts getting back on track, once we get the
unemployment rate down to a reasonable level, then we have a much
better chance of dealing with the budget deficit.
We have to start dealing with the budget deficit this year. I
acknowledge that. But our real effort is going to be, when we have a
growing economy, what will help us get our budget back into balance.
Let me remind my colleagues, just 11 years ago, the Congressional
Budget Office projected surpluses that could

[[Page 19857]]

have retired our Nation's marketable debt between 2007 and 2009. In
other words, if we would have used that surplus wisely, we would not be
looking at a $14 trillion national debt. But, instead, the Congress
passed the so-called Bush tax cuts of 2001 and 2003. I voted against
those tax cuts. I did not believe we could afford that type of revenue
loss and, in fact, that has been the largest contributing factor to the
deficit we have today: the tax cuts of 2001 and 2003.
Remember, in those days, we had a growing economy. So there was no
need to stimulate the economy. Today, we are in a different position.
Allowing increased rates for middle-income families in these economic
times would be the wrong thing to do. But I do think we have to get
back to dealing with the deficit. We need to have a credible plan, a
credible strategy, and that strategy should include shared sacrifices.
We need to deal with spending. We have to get not only domestic but
military spending under control and, yes, we need revenues. I would
hope we would start with allowing the termination of the extension of
the higher income tax brackets for the millionaires as we start to take
a look at ways we can balance the budget as we move toward the next 3
or 4 or 5 years. When we get our 5-year budget, the first thing we
should do is make it clear we are not going to extend the higher income
tax rates.
There is one more very positive aspect to this package I wish to
bring up. This is a major bill dealing with a serious problem in our
Nation, and we have Democrats and Republicans working together. I can
tell you that when I talk to my constituents in Maryland, they tell me
this institution is too partisan. They like a lot of the things we have
done, but they do not like the fact that we cannot get Democrats and
Republicans to allow the system to work, with the give and take that
should take place in this most deliberative body.
Well, we have done it on this issue. We may not like everything that
is in it because when you do compromises, there are going to be things
in it you do not always agree with. But the system has worked. It
includes a lot of what I like, a lot of what my Republican colleagues
like, and together we have produced a bill that is going to help our
economy.
I hope this will be a model of what is to come. I hope it is an
indication that we will be able to work together across party lines to
deal with the major challenges of our Nation. We need to put our
national business first over partisan agenda.
So, on balance, I am going to support this package. I am going to
support this package because I think it is critically necessary for our
economy. I think it provides the type of help for middle-income
families they need today. I think it represents the way our political
system should operate, with the type of compromises that allow us to
get to a conclusion dealing with major issues in our country.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from New Jersey is recognized.
Mr. LAUTENBERG. Mr. President, we are, obviously, struggling to find
something that puts us in balance, a balance that will create more
jobs, more opportunity, expand family incomes for middle-class people,
and we do not seem to be getting there. We are engaged in the wrong
kind of a dialog, in my judgment.
Yesterday, I voted to oppose the tax cut extenders bill that came
along after long and hard thought about the consequences of my
decision.
For me, voting decisions cannot be made without reflecting on my
life's experiences to guide me, things that I saw as a child of a
poverty-stricken family, not because my father was not willing to work,
but at times during those years work was just unavailable, and it was
hard going for a lot of years.
What I remember is how hard my parents struggled to try and do what
could be done for my sister and myself. That was our entire family.
My father worked in mills that were common in the city of Paterson,
NJ--textile mills--and there was something in the environment there
that was very harmful. My father was 43 when he died. My mother was a
37-year-old widow, and I had already joined the Army. I had enlisted in
the Army.
I saw what happened. My father was sick for 13 months from cancer. By
the way, his brother who worked in the mills died from cancer. Their
father worked in the factory, and he died at age 56 from cancer.
When my father died, 13 months after being stricken with colon
cancer, what he left, besides grief, unfortunately--my mother being the
sole income earner for the family, owing money for doctors, hospitals,
pharmacies, you name it--overwhelmed by debt, it was necessary to go
bankrupt. It is a painful experience. It is an influence, it is a
memory that is very hard to deal with because it creates an atmosphere
of failure.
But life turned around for me, and I am one of the most fortunate
people on Earth. My wife and I have 13 grandchildren, the oldest of
whom is 17, and the youngest was born 2 weeks ago. Our hopes are
totally enveloped by what kind of a country our grandchildren are going
to live in. Will it continue to be a free democratic society, where
people still believe their children can get a job, get a good
education, have a family, maintain a home, and have health care as
required? Will they have the kinds of opportunities that further lead
to admiration of this country and a declaration of fealty to this great
Nation of ours?
I was able, after service in World War II, with the GI bill, to go
and graduate from Columbia University. I then joined two friends in a
startup company called ADP that now employs over 40,000 people in 23
countries. It is still headquartered in New Jersey, where we began,
bringing an opportunity for companies that needed computer services to
obtain it from us. We were pioneers in the field. I was a CEO and
chairman of this great company. The salary for a job such as that, as
you can imagine, was at a very high level.
It is with this life experience that I view my current tax
obligations--or let me call them contributions to country because that
is what they are--weighing them against the value of a strong nation
that is able to supply employment for all able and willing to work.
I remind myself that we are in a wartime economy. I do not want to go
back to ancient history, but during World War II, there was a tax
required that was called the excess profits tax. It was there to help
the country manage its finances because of the additional costs of war.
Now we are in a wartime economy. Every day our people face harm and,
perhaps, death serving in Afghanistan and Iraq. Just a couple days ago,
six people were killed. The death toll goes on. The injuries go on.
Over 5,000 people killed in the two wars and in excess of 30,000
wounded.
So we need to have the energy pumped into our country that gives us
the ability to be able to take care of the war obligation and the
general functioning of our economy.
I look at the value of a country that is able to function without the
kind of indebtedness that is consuming America, with other countries
that are buying our bonds and financial instruments and questioning our
Nation's ability to redeem our obligations. Where does all that take
us?
We have to invest to grow our economy and create jobs, putting people
back to work and laying a foundation for a new era of prosperity for
everybody. Windfalls for the wealthiest of us do not benefit our
economy or create jobs and are what got us into this fiscal mess to
begin with.
That is why I oppose this bill. Yes, there are some things in the
bill that are attractive. But when I think of a headline I saw in the
Wall Street Journal a week ago Monday--yesterday--it said: Tax breaks
for the wealthy go on, and--in not this precise language--the byline,
the heading said: And unemployment benefits will continue.
Imagine that contrast: Tax breaks for the wealthy and also: Let them
eat cake, let those people who do not have any income, let them--we
will give them some unemployment insurance as

[[Page 19858]]

a little bit of an incentive to make sure we get the votes to take care
of the wealthiest and most fortunate in terms of assets in our society.
This bill wastes money on tax breaks for those not needing them,
giving the average millionaire a tax cut of more than $100,000 per
year. Contrast that with a per-family income across the country in the
neighborhood of $50,000, and here an individual gets a $100,000 tax
reduction, tax break. This was money that could be used to pay down the
deficit, create more jobs for middle-class families. So why does this
bill dedicate so much of its cost to helping those who known economists
agree will not use that money to boost the economy?
President Obama gave us the answer this week. He said that for
Republicans, including deep tax cuts for the most fortunate is their
holy grail. That is what President Obama said. That is what the
Republicans are looking for most energetically: deep tax cuts for their
holy grail--the wealthiest. On the other side of the aisle, it is not
working families with whom they are concerned. It is not the
unemployed. It is not the struggling small business. On the other side
of the aisle, primarily they are concerned with only one economic
constituency: the top 1 percent of our wage earners.
When President Bush cut taxes on those with the highest incomes, did
the benefits trickle down as the Republicans promised? No. What
resulted was a gigantic increase in our debt, well over $2 trillion in
8 years. I was the ranking member on the Budget Committee in those
years. When we looked at tax cuts, we were told it would not interfere
with our needs; rather, it was a way to get money to trickle down to
the more modest income earners. Salaries rose as high as 400 times--
that was the ratio between the top person in the company and the bottom
person in the company. Years ago, it ran about 40 times at its largest,
but in recent years, it ran as high as 400 times larger for the CEO's
pay than the average worker was paid. So 400 times--if the bottom wage
earner was $40,000, the guy at the top got $16 million. So the
disparity is something we have to look at.
People need to be able to afford the things that sustain life, and
here we are looking at people earning over $1 million a year. We saw
recently in the New York Times an article that showed eight wage
earners who earned over $1 billion in a single year. One of them earned
$3.5 billion. We saw in the paper over the last couple of days that the
family who holds the primary stock ownership in Walmart has a net worth
of about $83 billion, and they, too, would get a tax break. Is that
necessary? At the same time, middle-class families face surging gas
prices, skyrocketing health care costs, and soaring college tuition.
Now we are being asked to continue on the path that put us in the hole
we are presently in.
As I look at where we are in this country and as I review my
responsibilities to those in New Jersey whom I represent and what I
want for those who will follow on, for my grandchildren, whom I love
more deeply than anything else in life, I ask, What can I do that will
improve their lives when I am no longer here? I conclude that a
stronger democratic America will be the most valuable asset to leave
behind--more valuable than more money, than more possessions, or any of
those things--a stronger country, knowing they are getting their share
of opportunity in this country of greatness, of wealth, underneath all
of our problems. What I want to say to my grandchildren--the oldest is
Alexander, and the youngest carries the name of Hudson. What do I want
for them? I want them to be able to be safe, to be able to have health
care when needed. I want them to be able to get an education. I want
them to know their country appreciates what they do.
You can't build a building from the chimney on down, and you can't
build a society from the wealthiest on down. If you don't have a good
foundation, it all crumbles in front of you.
We are seeing worrisome signs about where America is going with some
15 million people unemployed at this time. What kind of a picture is
that for people? And those who can't afford the necessities of life and
who want unemployment insurance have to be in line to get some help.
Yet we give the wealthiest more tax breaks. That is not the kind of
society America really wants. We are giving to the wealthiest and
forgetting the neediest.
So I wish to say that the vote for me was not easy, that there were
some attractive parts in it, but the attractive parts were in there to
try to get the bailout going, to try to get the tax breaks larger, to
make sure they took care of their friends who are there with the money
whenever called upon. It is a bad idea. That is not a democratic
society.
So I am going to vote the same way tomorrow as I did yesterday; that
is, against this bill. This is a bill that, in my view, will not make
America stronger. Despite the fact that there is an economist or two
proffering some optimistic assertions about where we will be, I don't
believe it. I believe the people who say that the wealthiest will not
spend the money to encourage the economy's growth, that those who get
unemployment insurance will have to spend it and those who get more
modest tax breaks will spend it to get the things they need for their
families.
So I am going to try to make the reality for our country as good as
it can be for everybody's grandchildren and for this great Nation of
ours.
I yield the floor.
The PRESIDING OFFICER. The Senator from Michigan.
Ms. STABENOW. Mr. President, I rise today to talk about the bill in
front of us and particularly a provision I would like very much to see
in this legislation. When we have a Republican colleague on the floor
either tonight or tomorrow, I intend to ask unanimous consent to add it
to the bill.
I will say that the underlying bill has been a real dilemma for many
of us--certainly the vast majority of us on our side of the aisle--
given where we are on deficits and given the concern about strategy on
the top-end tax cuts that have not created jobs over time. There is
deep concern about that. I also know that people in my State are
desperately hurting, and the unemployment benefit extension is
absolutely critical for families who are faced with decisions about
whether they will even be able to have a Christmas, whether they even
have a house, will they be living in their car, will they be able to
put food on the table, let alone get gifts for their children. These
are very serious issues for families in Michigan. There are very
important tax cuts for middle-class families, for small businesses, and
strategic investments in jobs in this legislation in terms of tax
provisions that create jobs.
The bill before us includes an important financing mechanism called
the Treasury grant program, or we have dubbed it 1603--financing for
renewable energy. This is one provision that is very important that is
in the bill. It is incredibly important, if we are going to expand our
economy, that we focus on the growing clean energy economy, the clean
energy industry. That is a place where I believe we have the
opportunity to create middle-class jobs, to create new opportunities
and really create a boon in our economy. When developers want to build
wind farms or solar, they can get financing through this program.
Financing is hard to get when you are doing something on the front
end--commercializing the first technology or doing something that is
new. It is hard to get financing. This is very important, and I am a
strong supporter of it.
But when we build the wind farms in America, when we build the solar
units, I want to make sure that they are using wind turbines--that they
are using all the parts, the 8,000 parts that are in one of those big
wind turbines--I want to make sure those are made in America. That is
how we truly grow our economy, not just creating new options on energy
but building the technologies here, doing the R&D, doing the
innovation. It is absolutely critical. We are the best. We are the best
ones at innovation, but we also are the best at making things, and we
need to be making them here.
I have to say I am very proud to represent a State--the great State
of

[[Page 19859]]

Michigan--where we know how to build things. We have great engineers.
We have the best skilled workers in the world. We know how to make
things. We are beginning now to move more into clean energy technology,
certainly electric vehicles, hybrid, and also wind, solar, geothermal,
and other areas that involve manufacturing, and we are very proud of
that. When we build the wind and solar provisions, the cutting-edge
solar cells, we need to make sure they are made in America, and we are
doing that right now in Michigan.
My concern is that this bill does not extend the manufacturing tax
credit that is absolutely critical to keeping those jobs here at home
in America. The advanced energy manufacturing tax credit, which we have
dubbed 48C, is helping to create at least 17,000 jobs at 183
manufacturing facilities all across the country in 43 different States
right now. It has been a huge success, and I wish to thank Senator
Bingaman. I was proud to join with him on the Finance Committee in
being able to offer that provision that was in the Recovery Act. I wish
to thank Senator Sherrod Brown of Ohio for his efforts and leadership
and passion on this issue as well, for the investment of the $2.3
billion we put into the Recovery Act.
The 48C manufacturing tax credit has leveraged $7.7 billion in
private investment and clean energy manufacturing in America. That
provision should be in this bill. We have strong bipartisan support and
have had it since it was first instituted. That provision should be in
this bill.
Last year, the Chinese invested $35 billion in clean energy
technology. They are expected to ramp that up to $90 billion a year
going forward. That is $246 million every single day. By comparison,
extending the 48C manufacturing tax credits is a small sum but will
leverage private sector investment and more than pay for itself and
create jobs, making that new clean energy, those products, that
manufacturing here in America.
In my home State of Michigan, we have 12 companies that have taken
advantage of this manufacturing incentive building wind turbines, solar
cells, advanced batteries for electric vehicles--jobs in Michigan.
Wacker Polysilicon in Charleston, TN, is using its $128 million tax
credit to produce silicon that is used in solar panels. Texas
Instruments in Richardson, TX, is using its $51 million advanced
manufacturing tax credit to reequip its facility and produce advanced
power management semiconductors. Cree, Inc, of Durham, NC, received a
$39 million tax credit for the production of LED light chips and
fixtures, creating jobs. ZF Steering of Florence, KY, received $28
million in manufacturing tax credits for the production of wind turbine
component parts. Frankly, the list goes on and on and on. Forty-three
States--Republican, Democratic--have businesses today that are hiring
people who are making things in their States, making things in America
because of the partnership put in place with the advanced manufacturing
tax credit.
So in addition to developing the renewable energy area of 1603,
extending that so that we are helping to create investment in these new
technologies, we also need to extend the manufacturing tax credit for
companies that are making renewable energy technology here.
The whole point is to make them here--not to bring in the component
parts from China or someplace else but to make them here. We can do
that. We are already beginning to do that. We cannot trade our
dependence on foreign oil for a dependence on foreign technology. In
some areas, we are close to doing that.
The Recovery Act was about changing that playing field. I thank
President Obama and his administration for understanding about
manufacturing, about making things in America, building things in
America, and what we need to do to create good-paying middle-class jobs
again in America.
This bill does part of that with the renewable energy grant in the
financing. But it does not focus on where things are made, which is of
great concern to me. So when I have the opportunity--I came to the
floor fully intending to ask unanimous consent to proceed to my
amendment, to be able to add this critical job-creating manufacturing
credit that has bipartisan support and has had it since it was first
initiated. But I don't see any Republican colleagues on the floor this
evening. I understand, under legislative courtesy, I will not do that.
I will proceed and offer that tomorrow.
There is another provision I want to also speak about, an amendment
of mine to the bill that I will offer a unanimous consent on tomorrow
that relates to small business. When we look at how we grow our
economy, we need to make things--by the way, a lot of those
manufacturers are small businesses. When we think about the automobile
industry, which I am so proud of in what they are doing in coming back,
the majority of jobs in Michigan and across the country are actually
with small and medium-size suppliers. We know small businesses are
absolutely critical to the growth of this country. We know that a lot
of folks who have lost their jobs right now are turning to the
possibility of starting their own business in the garage or the extra
bedroom in the basement. They are taking a great idea and trying to put
it to work.
Mr. President, we have worked very hard--and you have been a strong
supporter in helping our small business owners--and we have focused on
that in the last 2 years. We have passed, in fact, in the last 2 years
16 different tax cuts for small businesses to help them grow and create
jobs--unfortunately, over constant filibusters on the other side,
objections and filibusters, but we did pass them. We know that these
companies are the backbone of our economy, and it is our commitment--my
commitment--to keep fighting for them every single day, so that they
can do well and hire people, and we can have more opportunity for
people to work.
Unfortunately, there is a new reporting requirement from the IRS
hanging over the heads of small business owners related to the filing
of 1099 tax forms. It would require business owners to file paperwork
with the IRS every time they purchase a product worth more than $600.
In practice, that means business owners will be forced to file mounds
of paperwork for even the most mundane purchase. For example, if you
are a real estate agent and you go to Best Buy for a new laptop or
anyplace where you are buying one, you would have to file a 1099 form
to buy that. If you are a farmer and you buy $700 worth of seeds, there
is a form to file with the IRS. If you are a photographer and you need
to travel for a few days to cover an event, a few nights at a hotel
could mean another IRS form to fill out when you get home.
So we understand. I want to fix that. The majority wants to address
this for small business owners. It is critically important. Small
businesses in Michigan want to be doing what it is that they do, not
filling out extra forms. Realtors want to be showing houses, and
farmers want to grow things, and photographers want to take pictures.
They don't want to be filling out endless forms and paperwork for the
IRS. We had a number of votes on this issue on the floor. They have
always gotten overwhelming bipartisan majorities to fix this. Democrats
and Republicans have both agreed that we can't force American small
businesses to file reams of paperwork with the IRS. So I was very
surprised when there have been objections to placing this as part of
this bill. This tax bill in front of us is the perfect place to be able
to address this issue once and for all.
I understand there were objections on the other side of the aisle to
doing that, which I find surprising because we continue to see
amendment after amendment to take out this provision, which I have
supported. But when we try to fix it now, we are seeing objections.
I intend also tomorrow to offer an amendment that would eliminate
this problem for small businesses once and for all. It is an amendment
that I have filed to this bill. It is something that, based on
overwhelming votes we have had, overwhelming bipartisan votes, we
should be able to deal with very quickly. In fact, a simple unanimous
consent

[[Page 19860]]

ought to be able to do it. If there is no objection--and I don't think
there is any objection on our side of the aisle. I am sorry if there is
an objection on the Republican side of the aisle to addressing this.
There should not be, because now is the time to do that. This bill is
the right place to do it. We are coming to the end of the year. This
provision is something that will be very onerous when it takes effect
on small businesses. We need to fix it. We need to eliminate that
provision.
When I have the opportunity, when we have Republican colleagues
joining us on the floor tomorrow, I will, in fact, offer a motion to
move to my amendment and to get rid of this 1099 provision once and for
all.
In conclusion, for me, as you know, everything is about jobs. My
great State has lost more jobs--our people have lost more jobs than any
other State, over 800,000 in the last 10 years. Our people have been
hit harder, longer, and deeper than anyplace else in the country. We
work hard. We are a proud people. Our people want to work. They know
how to work. They are doing everything possible to get back to work--
start their own business or get back to work in some other fashion. I
am proud of what we are seeing happen with the support of the President
and this Congress and the ability for the auto industry in America to
come back. All three of our American companies will have a profit this
year. It is the first time, I believe, since 1999. They are hiring
people back.
We will begin to see things turn around. We have a long way to go
because of so many jobs that we have lost and so many people who have
gone through so much as a result of that. These provisions to take the
paperwork off of small businesses, to invest in American-made products
through manufacturing, are two provisions that will help us create jobs
in America. If that is not our No. 1 priority, it sure ought to be.
That is something I am going to continue to push every day.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. FRANKEN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FRANKEN. Mr. President, I rise today to speak about my decision,
after a lot of serious contemplation, to support the legislation before
us. I believe that Minnesotans deserve a better deal than this one. But
unfortunately, this is the one we have. For Minnesota's middle class,
there is a lot in this bill that will not only be helpful but is
absolutely critical. It stops their taxes from going up on January 1.
It provides a payroll tax holiday that gives families making $50,000 a
year a $1,000 tax break.
For Minnesotans who are truly suffering right now--men, women, and
children on the edge of economic disaster--it reinstates emergency
Federal unemployment benefits that expired at the end of last month.
Not restoring these benefits would be devastating to Minnesota families
and to our economy, leading to a lot more pain for working families, a
lot more homeless kids spending Christmas in a shelter or a car.
I came here to make people's lives better, and so I must vote to pass
this legislation. But this was perhaps the hardest vote I have ever
taken so far as a Senator. I wish to tell you why.
We have spent the better part of a year talking about the ballooning
deficit. Republicans and Democrats agree--in every decision we make,
every penny we spend, we need to keep in mind that it will be added to
our national debt. At the same time, we need to be mindful of our
fragile economic recovery. Are we spending it in the most efficient and
responsible way possible--to get people back to work and get our
economy back on track?
I was hoping to see a tax package that would reflect these
priorities--mindful of the debt, helpful to our economic recovery, fair
to the American people. But instead, this legislation spends billions
of dollars on the wealthiest 2 percent of Americans. These are
Americans who have prospered in recent years. According to the Economic
Policy Institute, during the past 20 years, 56 percent of all income
growth has gone to the top 1 percent of households.
Even more unbelievable, a third of all income growth went to just the
top tenth of 1 percent. At the same time, middle-class families have
done decidedly worse. When you adjust for inflation, the median
household income declined over the last decade. During those years,
while the rich were getting richer, the rest of working America was
struggling to keep up. We have been growing apart in our Nation. We
should be tackling this kind of inequality, not exacerbating it. And
that is what I find so frustrating about this legislation. It keeps our
country on the same path of widening inequality. We are securing tax
cuts for millionaires and billionaires twice as long as we are
maintaining Federal unemployment benefits.
This bill's estate tax provisions provide a windfall for the richest
fraction of 1 percent of Americans. In these tough economic times and
with these current deficits, we should be spending money only on those
policies that will create the most jobs.
But, as I mentioned, despite the concerns I have about this bill, it
undeniably provides essential help to Minnesota's families. This
package reauthorizes emergency unemployment benefits through the end of
next year. They are a vital lifeline for families in need and a vital
lifeline for our economy. I meet people back in Minnesota who tell me
they hate taking unemployment benefits but they would have lost their
homes without them. Unemployment benefits yield $2 in demand for every
dollar spent, according to a new report from the Department of Labor.
This is a very effective way to stimulate our economy and create jobs.
The same holds for the payroll tax holiday that is included in this
package. It is going to put real dollars in the hands of millions of
Americans--dollars they are going to spend.
I strongly support extending the expanded earned-income tax credit,
which helps about 6.5 million working parents. I am glad this
legislation includes the American opportunity tax credit, making
college tuition more affordable for 8 million students. This bill also
extends the renewable energy grant program, the R&D tax credit, and the
ethanol and biodiesel tax credits--all provisions I strongly support.
Voting no on this legislation would be voting no on all of these vital
programs.
The economists are in general agreement that this legislation will
help the economy. Mark Zandi, on whose economic analysis I have
frequently relied in the past, has encouraging projections. He sees
this package adding a full percentage point to economic growth next
year. He is especially optimistic about the new business investment
deduction's potential for spending. In fact, he predicts unemployment
will reach below 9 percent by the end of next year and will close in on
7.5 percent by the end of 2012. These figures are all significantly
better than what we would expect without this legislation.
This isn't the bill I would have wanted. If there were a better way,
I would do it in a heartbeat. But today we are forced to decide between
taking a stand against irresponsible tax cuts for millionaires versus
helping struggling families. Given that choice, I simply can't turn my
back on all Minnesotans who desperately need the help this bill will
provide.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. HARKIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HARKIN. Mr. President, I ask unanimous consent to speak for up to
20 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 19861]]

Mr. REID. Will my friend yield for a unanimous consent request?
Mr. HARKIN. Absolutely, I will yield.
Mr. REID. Mr. President, I ask unanimous consent that all postcloture
time be considered expired when the Senate resumes consideration of the
House message with respect to H.R. 4853 on Wednesday, December 15,
except for the time provided for under this agreement; that the Senate
resume the House message at 11 a.m. Wednesday and there be 1 hour
remaining for debate divided as follows: 10 minutes each under the
control of the majority and Republican leaders or their designees,
Senators DeMint, Coburn, Landrieu, and Sanders; that the following be
the only motions to suspend the rules in order during the duration of
this agreement: Coburn motion to suspend with respect to amendment No.
4765, DeMint motion to suspend with respect to amendment No. 4804, and
Sanders motion to suspend with respect to amendment No. 4809; that upon
the use or yielding back of all time, the Senate then proceed to vote
on disposition of the motions in the order listed; that upon
disposition of the listed motions, no further motion or amendments be
in order; further, that if any motion is successful, then the second-
degree amendment be withdrawn and the Senate proceed to vote
immediately on the amendment covered under any successful motion; that
if no motion is successful, the second-degree amendment be withdrawn
and, without further intervening action or debate, the Senate then
proceed to vote on the Reid motion to concur in the House amendment to
the Senate amendment to H.R. 4853 with the Reid-McConnell amendment No.
4753; that upon disposition of the House message, the Senate then
proceed to a period of morning business until 2:15 p.m., with Senators
permitted to speak for up to 10 minutes each.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. HARKIN. Mr. President, 2 weeks ago all 42 Republican Senators
signed a letter threatening to filibuster any extension of tax cuts for
middle-class Americans or any continuation of unemployment benefits
unless and until the Senate agreed to extend tax cuts for the
wealthiest Americans. As many have pointed out correctly, Republicans
have been holding middle-class tax cuts and benefits for the unemployed
hostage to an extension of tax cuts for the very rich.
Well, it appears the hostage-taking incident is nearly over. The
hostages--the unemployed--will be released. The ransom will be paid.
Wealthy Americans who make $1 million or more a year will receive an
average tax break of more than $100,000. Indeed, in the course of
negotiations to rescue the hostages, Republicans demanded and got an
even more royal ransom: they demanded and got a giveaway on estate
taxes that will benefit only the wealthiest one-quarter of 1 percent of
the U.S. population. The heirs of a single estate worth $1 billion
would save $100 million thanks to the ransom demanded by the
Republicans.
Mr. President, no question, champagne corks are popping on Wall
Street, and at America's most exclusive country clubs and boardrooms,
the superrich and their heirs, I am sure, are planning on throwing
lavish Christmas and New Year's parties. Tiffany jewelers will no doubt
be looking forward to selling a record number of $29,800 watches. This
is a picture of one. Giving those making over $1 million a year more
than $100,000 in tax breaks--well, they can buy this wristwatch for
$29,800 advertised in the New York Times. This is made in Switzerland.
Now, maybe if it was made in America, you could say: At least it was
made in America. But it is not made here. This is what the very rich
spend their extra $100,000 on, things like this. It doesn't help our
economy.
But what about the rest of America? What about those who don't shop
at Tiffany's? Is this a good deal for the American people overall?
Well, I have come to the conclusion that it is not. At a time when our
annual deficit is close to $1 trillion, much of it borrowed from China,
at a time when the wealthy are already enjoying a huge surge in income
even as middle-class incomes are stagnant, it is simply obscene to give
another lavish tax cut to the top 2 percent.
Let me say what should be painfully obvious about this new bonanza
for the rich: They do not need it and we can't afford it. They do not
need it and we can't afford it. And it will not help the economy. In
fact, in the longer term, I believe it will hurt our economy. These new
tax breaks for the rich are terrible public policy.
Let me briefly mention just four reasons these tax cuts are harmful.
First, these new tax breaks will make income inequality even worse.
In recent years, in the grip of the great recession, many millions of
ordinary working Americans have lost their jobs, their homes, and their
savings, but the wealthy have made out very, very well. Today, income
inequality--inequality--in America is at an alltime high. The top 1
percent controls more wealth than the bottom 90 percent. At the same
time, the bottom 90 percent holds 73 percent of all personal debt in
this country. Eighty percent of all additional income earned between
1980 to 2005 has gone to the top 1 percent. Let me repeat. Eighty
percent of all additional income earned from 1980 to 2005 has gone to
the top 1 percent.
The gap grows wider.
In 2009, in the wake of the taxpayer bailout of Wall Street, Goldman
Sachs paid its employees an average of nearly $600,000 per person.
Executives at Goldman Sachs received bonuses totaling $13 billion. So
why in the world would this Congress vote to make this already extreme
income inequality even worse? Why in the world would we vote to borrow
tens of billions of dollars from China to make the rich even richer?
This is foolish, and it is recklessly irresponsible.
The second reason why this is a bad agreement, again the distribution
of these new tax cuts is radically skewed in favor of the wealthy. As I
said earlier, those who earn $1 million and above would, on average,
receive an annual tax break of $100,000. By contrast, an average
American taxpayer earning $26,000 would receive a tax break of $670.
In 2007, the top 25 hedge fund managers in the United States took
home an average income of $892 million. Yes, you heard that right.
Their individual annual income averaged nearly nine-tenths of $1
billion per person. Under this agreement, each would get an income tax
break worth perhaps as much as $50 million.
Reason No. 3 why this is a bad agreement: The nearly $900 billion in
tax cuts in this agreement would crowd out necessary investments in
priorities such as education, infrastructure, homeland security, health
care, scientific research. In other words, we are eating our seed corn,
borrowing money to pay for short-term tax cuts rather than for long-
term investments that develop our human capital and our physical
infrastructure for the future.
As a contrast, the United States right now invests about 2.4 percent
of our GDP, our gross domestic product, in infrastructure. China
invests almost four times our rate; 9 percent of their GDP annually
goes to infrastructure. China invested $186 billion just in rail in the
last 3 years. Within 2 years, they will open 42 new high-speed rail
lines with trains reaching speeds of 200 miles an hour. By 2020, China
plans to add 26,000 additional miles of tracks for freight and travel
as well as 230,000 miles of new or improved roads and 97 new airports.
What do we have? We are borrowing money from China in order to pay
for short-term exigencies at the same time China is using its wealth to
invest in infrastructure so they will be more competitive in the world
economy in the future. We are going to try--mark my words--we are going
to be coming up with some bills to invest in highways, a new highway
bill. We have a new highway bill to come up. We are going to try to
invest in new highways and probably invest in other kinds of
infrastructure projects. I am sure the Senator from Colorado knows how
many sewer and water projects in Colorado are going underfunded right
now that need to be done. I have the same in the State of Iowa.

[[Page 19862]]

We think about high-speed rail. I saw a recent figure that said 60
percent of all the flights that originate out of O'Hare, in Chicago, go
300 miles or less. It is overcrowded. One day of bad weather such as
the other day and there are thousands of airplanes backed up all over
the country. Three hundred miles? That could be high-speed rail. Right
now, to go from Chicago to Detroit by rail takes you almost all day. By
high-speed rail you could do it in a couple or 3 hours. Maybe you
wouldn't want to take an airplane. We should have high-speed rail from
Boston to Miami, from Seattle to San Diego and hubs in the Midwest from
Chicago going out to Kansas City, St. Louis and Des Moines and Omaha,
Minneapolis, Cleveland, Cincinnati. We are not doing it.
We are borrowing money from China to pay for present exigencies, we
are going into debt, and then when our bills come up to try to fund
programs to build infrastructure, our Republican friends will say we
can't afford it. We do not have the money. So it will crowd it out.
Why? So we can give some of the richest in our country another
$100,000? For people with $1 billion estates getting an extra $100
million so they can go out and buy those $29,000 wrist watches or
$2,500 cashmere scarves or whatever it might be?
If our debt continues to grow at unsustainable rates, we are going to
find ourselves, very soon, in the same position as Greece, Ireland, and
Spain today. We will reach a tipping point, where international bond
vigilantes place big bets against the United States, shorting our debt.
This would radically drive up interest rates in the United States,
forcing us to make even more draconian cuts in spending in everything
from education to scientific research to health care.
This may suit the agenda of the rightwing, which would be delighted
to see education programs and health care programs gutted, but it would
be a disaster for ordinary working Americans and for our economy as a
whole.
The fourth reason why this is a bad agreement: The nonpartisan
Congressional Budget Office ranks tax cuts for the rich as dead last
among the various options for boosting the economy and creating jobs.
This is hardly surprising. As I said, the wealthy are the least likely
to spend their new tax cuts. They can only buy so many $29,800 wrist
watches.
By contrast, virtually every dime of emergency unemployment benefits
is spent on necessities such as food, rent, and transportation. Middle
and lower income taxpayers are likely to spend most, if not all, of
their modest tax cuts. This stimulates the economy, creates jobs, and
has a positive multiplier effect across the economy. It is a cruel
irony that under this agreement, benefits for the unemployed are
extended for 1 year while tax cuts for the rich are extended for 2
years and are now more likely to be extended far beyond that.
If we are going to borrow additional hundreds of billions of dollars
from foreign creditors, mainly China, shouldn't we at least insist the
money is spent in ways that benefit our economy in the long term? If we
are going to borrow the money, let's build our infrastructure so our
private sector 5 years, 10 years from now will be more efficient, will
be able to compete more effectively in the world economy.
I might add, these infrastructure jobs put Americans to work. It is
one of the best multiplier effects of our dollars. Why is that? Easy.
When you build a new school, the work has to be done locally. You can't
ship the work out to India. Think about it. Most of the materials that
go into a school--the bricks, the mortar, the rerods, the wallboard,
the sheetrock, most of the lighting, the conduits, the piping,
switches, floor tiles, windows, doors--most of it is made in America.
Most of that is made here. So when you spend $1 on something like that,
the work is done locally, it helps the local economy, plus all the
materials--not all but most of the materials you buy are made in
America. That dollar spins around.
You give someone an extra $100,000 and they spend $29,800 on a watch.
I don't think that benefits many Americans. Maybe the jewelry store,
maybe Tiffany's where you buy it, they are making some. But most of
that goes out of the country. If you give extra money to people to buy
a new flat-screen TV--yes, there is some benefit here to the retailer
that sells it, maybe the shipper that brought it in, but the majority
of it goes overseas.
That is why I say, if we are going to borrow money, put it into
infrastructure. It provides a lot of jobs and provides a great
multiplier effect in our economy, and you get something at the end of
it that is going to benefit our kids and our grandkids.
I repeat, with this agreement, we are eating our seed corn. Instead
of borrowing to invest in the future, we are borrowing to pay for
consumption today. Within the next 2 years, these hundreds of billions
of borrowed dollars will just go poof. They will be gone with nothing
to show for it--not one new highway, not one new bridge, not one new
school. Our economic competitors are not making these kinds of foolish
choices.
As Fareed Zakaria pointed out in his column in the Washington Post on
Monday, China has doubled its investment in education, rocketing to the
very top in the most recent international rankings of educational
achievement. As I said, the Chinese are investing hundreds of billions
of dollars to build the world's most advanced infrastructure.
According to Reuters, the Chinese Government is planning to spend 1.5
trillion over the next 5 years in seven targeted sectors--alternative
energy, biotechnology, new generation information technology, high-end
equipment manufacturing, advanced materials, alternative fuel cars, and
energy-saving technologies. Do you know what this tax thing is going to
cost us over the next 5 years? About $1 trillion. What are we going to
have to show for it? Nothing.
Instead of borrowing these billions, we should use them to rebuild
and modernize our crumbling infrastructure. We should use that money to
invest in things such as biomedical research, renewable energy,
technologies of the future, and education of our young people to
perform the high-end jobs that those sectors will create. This would
put millions of Americans back to work and would have huge payoffs for
future generations.
The needs are enormous. A recent report determined that the current
need, just for improved school infrastructure, is more than $250
billion nationwide.
EPA, the Environmental Protection Agency, estimates we need to invest
more than $200 billion in wastewater treatment and, as we all know, our
interstate highways and many thousands of bridges are desperately in
need of repair or replacement. It is simply shameful to continue to
neglect these basic infrastructure investments, even as we borrow
hundreds of billions of dollars to pay for new tax cuts and
consumption.
The last thing, my fifth reason for not supporting this tax package,
is the 2-percent cut in Social Security taxes for 1 year--2 percent. We
go from 6.2 percent down to 4.2 percent. That might sound like a good
deal, put some more money in people's pockets. But why are we taking it
out of the Social Security trust fund? Mark my words, a year from now--
1 year from now, assuming this bill passes--and I guess they have the
votes for it--1 year from now when we come back and we are going to
want to get that back up to 6.2 percent, our Republican friends are
going to say that is a tax increase, a tax increase on hard-working
Americans. You are going to go from 4.2 percent to 6.2 percent? People
will be afraid: Oh, no, we can't raise those taxes. Thus, we will set
in motion with this tax package a pressure to begin the dismantling of
the Social Security trust fund.
We have not done this before. We should not be doing it now. It will
come in. It will be 4.2 percent. Next year it goes back to 6.2 percent.
We will be accused of raising taxes on hard-working Americans.
Therefore, we need to extend it. As we extend it, that

[[Page 19863]]

means more money will come from general revenues--will have to come
from general revenues to put into the Social Security trust fund.
OK. Let me repeat this. Right now every working American puts in 6.2
percent of their income into Social Security. That is a trust fund. Now
they are going to take it from 6.2 percent down to 4.2 percent, and
say: OK. You are going to keep in your pocket 2 percent for 1 year.
One year from now we come in: Oh, no, we can't go back to 6.2
percent. That is an increase in taxes on working Americans.
Okay. We will extend it. How are we going to make up for that 2-
percent cut? We are supposed to make up for it with general revenues.
How are we going to make it up with general revenues when we are going
to be arguing that the debt is so high, the deficit is so big, we have
got to cut spending? So we have got to cut spending, so therefore we
cannot put the money from general revenues back into Social Security.
What is the answer? Raise the retirement age on Social Security. Cut
back on the benefits on Social Security. Maybe cut down on disability
benefits--all kinds of things to cut down on Social Security so we do
not have to take money from general revenues to put back into the
Social Security trust fund. Mark my word, it is coming. It is coming.
What is it no one is talking about? First of all, there is no deficit
in the Social Security trust fund. The Social Security trust fund can
continue to pay out 100 percent of benefits until about 2037--about
2037. Then it can only afford to pay 75 percent of benefits--not zero
but 75 percent. What could fix that? One very simple thing. It is
called equity. It is called fairness. It is called justice.
Right now, if you work and you make $40,000 a year, you pay on every
dollar you make at 6.2 percent into Social Security. If you make
$400,000 a year, you are only paying in 6.2 percent on 25 cents on the
dollar. Why is that? Because Social Security payments are capped at
$106,800 a year. That means you pay 6.2 percent up to $106,800. Over
that you do not pay any more into Social Security. Think of how many
people in this country make $4 million a year. They pay on $106,000, a
fraction of what they make. It seems to me that fairness and equity
would argue that if a working person who makes $20,000 or $40,000 or
$50,000 or $60,000 or $70,000 a year has to pay on every dollar into
Social Security, why should not someone who is making $400,000 or
$800,000 or $1 million or $4 million? Why should they not pay in? Raise
that cap so that everybody pays that 6.2 percent on every dollar they
make. You know what. Social Security will have no problems for the next
100 years. Well, actually it is 75 years. For 75 years no problems. Why
are we not talking about that? Why are we not talking? Why are we not
debating and voting on whether we should raise the cap and then we will
not have to take 2 percent out of the Social Security trust fund.

Mark my words, it is coming. It is coming. The pressure is
going to be built to damage the Social Security benefits. It
is going to start about a year from now. I cannot support the
bill that is before us. It will exacerbate income inequality.
It will give tax cuts we cannot afford and they do not need
to the wealthiest people instead of investing that money in
infrastructure in the future. It will begin a process of
dismantling the Social Security trust fund. These are
misplaced priorities, bad values. It is a misguided bill that
will drive our Nation deeper into debt with too little to
show for it in the long run. I might be for going into debt
if you got something to show for it.

It is like when my wife and I got married and we bought a house. You
go into debt. But I knew that if we worked hard and saved our money, we
could pay off on that house and we would have something to show for it.
We did not just borrow money so we could go to fancy restaurants and
have nice meals or buy a very expensive car or buy nice clothes. No,
put it in the house, because you know you are going to have something.
The same way with infrastructure. At least if you are going to borrow
money, have something to show for it in the end. So, again, it will
drive us deeper into debt, too little to show for it in the long run.
That is why I am going to have to vote against this package.
Mr. LEAHY. Mr. President, I strongly oppose the tax deal now before
the Senate. While I support tax relief for working and middle-income
Americans, I am not willing to add $858 billion to the national debt in
order to give enormous tax breaks to multimillionaires. One of the
biggest mistakes in the last administration was to wage two wars
without paying for them while cutting taxes for the wealthiest. We
should not repeat that mistake by rubberstamping this agreement between
President Obama and congressional Republicans for a wholesale extension
and expansion of the Bush-era tax cuts for 2 more years.
I voted against the Bush-era tax cuts that were tilted heavily toward
the very wealthiest Americans. I also voted against going to war in
Iraq. Those may not have been the most popular votes at the time, but
the relative few in the Senate who cast them were voting for a path
that would have averted much of the economic turmoil that has roiled
the economy, the budget and the lives of ordinary American families
since then.
If we are truly committed to helping our economy recover from the
Great Recession and to putting our country back on the glide path to
fiscal responsibility, then we should not extend all of the Bush-era
tax cuts. These enormous tax cuts have led to record federal deficits,
contributed to the government's current financial woes, and have not
helped many Americans who face the greatest financial burdens.
Assurances at the time to the contrary, the Bush tax cuts failed to
``trickle down'' to help those Americans most in need, while the
wealthiest 2-percent of Americans benefited substantially.
As the Wall Street Journal reported on Friday, most of the wealthy
beneficiaries of the Bush tax cuts have not plowed those dollars
directly back into the economy to hire new workers or create new jobs.
Rather than using their windfall to invest in our economy, corporations
are building record cash reserves, and executive pay is through the
roof once again. Why would anyone think that extending the tax cuts to
the wealthiest will produce a different result now?
Sensible choices are necessary now to protect the public's interests
and our national interests. Many of them will be far more difficult
than this choice is. The responsible choice is to extend tax relief for
the middle-income Americans who need it most, and not to renew tax cuts
for the upper incomes of the wealthiest who have benefited the most for
so long. If we maintain these unbalanced tax policies, our soaring
federal debt will have devastating repercussions and shortchange many
of the Nation's priorities.
I do think that Congress should provide directed tax relief that
truly will help working families and that will improve our economy. For
instance, I support extending such provisions in this package as the
increase in the child tax credit, the elimination of the marriage
penalty, and the 10-percent tax bracket. I also think we should retain
many of the hiring incentives championed by President Obama that are
providing needed assistance to Vermont small businesses looking to
create job opportunities. These tax incentives have allowed Vermont
companies to hire new workers and purchase new equipment for their
business, thus creating demand for other new jobs to produce that
equipment.
But now is not the time to extend tax breaks to the wealthiest
Americans and to companies that are sending American jobs overseas. I
am greatly concerned that if we maintain these policies, our soaring
Federal debt will have devastating repercussions. We will become
increasingly vulnerable to the foreign nationals who are collecting our
debt. The ability to provide promised Social Security and Medicare
benefits will be eroded. And our children and grandchildren will be
left with an enormous debt that they cannot possibly afford.
I will support President Obama when he is right and oppose the
President when he is wrong. I feel the President

[[Page 19864]]

is wrong to make this deal. I am first and foremost a Vermonter, and
the citizens of Vermont elected me to uphold my Vermont values. In this
case, I believe the deal on tax cuts is wrong for most Vermonters and
wrong for our country. That is why I am voting against this bill.
Ms. MIKULSKI. Mr. President, after careful deliberation, I have
decided to support the bipartisan tax agreement.
If Congress does not pass this agreement, taxes will rise for all
middle class families. Unemployment insurance will end for millions of
Americans--including 75,000 Marylanders. And important tax breaks for
low and middle income workers will expire.
This agreement is not perfect. Yet, if Congress does not extend
unemployment insurance and tax breaks for the middle class, the economy
could slip backwards.
This is the only realizable option we have right now to create jobs,
stabilize our economy, and ensure that there is a safety net for people
who have lost their jobs.
This package maintains tax cuts for the middle class so that working
families do not see their taxes rise in a difficult economy.
It will help 100 million middle class families by preventing a tax
increase of over $2,000 for the typical family from going into effect
on January 1st.
It also prevents more than 21 million families from coming under the
Alternative Minimum Tax.
This deal extends the Earned Income Tax Credit--providing $800
million in tax relief for Maryland families.
It also extends the tuition tax credit which has helped 170,000
students in Maryland.
This plan will extend unemployment benefits through the end of 2011.
It will help over 75,000 families in Maryland who have lost their jobs.
It will help them put food on the table, pay their rent, and pay their
energy bills. It will prevent them from losing their homes.
This money goes straight back into our economy while putting more
money in the pockets of millions of Americans who are facing the worst
job market in a quarter century. It gives them the time they need to
get back on their feet, while we get the economy back on track.
For the Americans who have been hit the hardest by the economic
downturn, this is insurance that they paid into and benefits that they
have earned through their work. This is about people who have lost
their job, who are actively looking for a job, who need a safety net to
bridge them over until they can get a paycheck again.
I am concerned about the long term solvency of Social Security and
about the cut in the Social Security payroll tax. The authors of this
deal say there will be no impact on solvency of Social Security, and
that the Social Security trust fund will be reimbursed for the lost
revenue from the payroll tax. Yet, this could have dangerous
consequences on Social Security.
What if this cut in Social Security payroll taxes is extended beyond
2013? What if this is just the first step in the effort to cripple
Social Security? What if this is just another step for those who want
to cut Social Security, privatize Social Security, or use the Social
Security trust fund to cut the deficit?
I fought against attempts to privatize Social Security under the Bush
administration. I fought against fast-track proposals to cut Social
Security under the guise of deficit reduction. And I will fight to make
sure that temporary tax cuts are not turned into means to undermine
Social Security funding.
This tax agreement takes risky steps that could threaten the long
term solvency of Social Security. It also extends lavish tax breaks for
those who need them least--the wealthiest 2 percent of Americans. It
ignores the pay as you go rules that are essential to deficit
reduction.
Yet, it helps the long term unemployed--who were facing losing
everything they have during this holiday season--including hope. It
also helps middle class workers, families sending their kids to
college, and small businesses who create jobs.
So I will vote for this tax agreement. It is essential to helping
families and our economy.
Mr. PRYOR. Mr. President, I rise to support the sense-of-the-Senate
resolution offered by Senators Mark Warner and Saxby Chambliss that our
Nation's spending and debt levels are on an unsustainable course. In
the short term, the economy needs the additional boost that this tax
compromise will provide. In the long term, however, our nation must
return to a sustainable fiscal path in order for our economy to work
effectively.
The U.S. economy is still struggling to recover from the worst
economic depression in eighty years. Unemployment remains stubbornly
high at 9.8 percent, private sector job growth is anemic, and GDP
growth is weak. The Federal budget deficit is projected to exceed $1
trillion for the third year in a row, our national debt is $13.8
trillion and rising, and our debt held by foreign countries already
exceeds $4 trillion.
The National Commission on Fiscal Responsibility and Reform has
reported a credible proposal to significantly reduce the growth of the
national debt and restore long-term fiscal responsibility. The
commission's proposal received a favorable vote from 11 of the 18
commissioners.
I believe that a comprehensive plan to reduce the debt over the long
term and restore fiscal responsibility must be developed next year. It
is in our national interest to stabilize the public debt at less than
60 percent of GDP. Furthermore, comprehensive tax reform is necessary
to make the tax code fairer, eliminate special interest tax breaks, and
incentivize reinvestment in America. I will continue to work with my
Senate colleagues to strengthen our economy and get us back on the path
towards a balanced budget.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWN of Ohio. Mr. President, over the last few weeks, I have met
and talked with many people across Ohio about our Nation's economic
future--family and friends, constituents who are struggling to get by,
and ministers and pastors who counsel them.
I have read letters and e-mails from Ohioans who need unemployment
insurance to find a new job and to provide for their families. I have
heard from concerned citizens who are willing to sacrifice for them.
Ericka from Cleveland wrote me:

I make enough money to get by. I was ready for my taxes to
go back up and I could have figured out a way to deal with
it.
But I am terrified for folks losing their jobs or getting
by on low to moderate incomes. I worry that if they lose
their unemployment benefits or refundable tax credits that
the stress will be too much for too many.
I am sickened at the idea of giving such incredibly wealthy
people a tax break--I worry about the folks on the other end.

The debate of whether to extend Bush tax cuts has been revealing--
about our policies and about the needs of people worried about putting
food on the table.
My top priority is to ensure that middle-class households get tax
relief, and that unemployed Ohioans can continue to pay their bills and
provide for their families while they look for work. And it is my
priority to ensure that people's lives are not used in a cynical,
political calculation.
A lot of people are angry about this bill, and they should be. That
is why I have filed amendments aimed at easing the financial burden on
middle-class households, on small businesses, on seniors, and on
American manufacturers. These are issues that deserve real debate, and
America's middle class deserves real tax relief.
I am angry that Republican Senators insist on awarding bonus handouts
to billionaires and millionaires. But I would be more angry if we let
them continue to play games with people's livelihoods.
That is why it is with great reluctance that--even though I opposed
the

[[Page 19865]]

cloture vote yesterday because I still hoped, maybe beyond hope, we
could come to a real agreement that would work for the middle class,
work for the unemployed, and work for our budget deficit; we clearly
could not--it is with great reluctance that I vote in favor of this
bill.
Too many working families--men, women, and children--are already
suffering too much pain and anxiety. They need help now. But let's not
forget how something happened this month in the U.S. Senate that we
have never seen before, perhaps never in our Nation's history.
A political party, the minority party--all 42 of them, all 42 of the
Senators in the minority party--threatened for all intents and purposes
to stop working, unless the majority party agreed to cut taxes for
America's wealthiest 315,000 people--315,000 out of 165 million
taxpayers. That is less than one-fifth of 1 percent of all Federal
taxpayers.
The minority party, the 42 minority party members--U.S. Senators--
were saying: We will do nothing until you take care of the 315,000 out
of 165 million, until you take care of the 315,000 wealthiest taxpayers
in this Nation. Because nothing much happens anymore in the U.S. Senate
without a supermajority of 60 votes, the minority party knew its
threats to stop everything just might work.
Two weeks ago, all 42 Senate Republicans signed a letter to Majority
Leader Reid telling him they would block everything until the Senate
passed tax cuts for millionaires, for deca-millionaires, and for
billionaires.
It is ironic that a party that generally opposes a public employee's
right to strike--as it did only last Wednesday--would effectively
engage in a strike itself. This Republican work stoppage--since I guess
Senators cannot actually go on strike--this Republican work stoppage
means no tax cuts for the middle class unless millionaires get a larger
tax cut.
It means leaving middle-class families and unemployed workers in the
crosshairs unless deca-millionaires got a huge tax cut.
Their threat means that unemployment benefits for workers would end
unless billionaire CEOs got their estate tax reduced.
It means we cannot provide the childcare or the earned-income tax
credits for low-income working families who have earned this vital
assistance.
It means blocking a cost-of-living increase for seniors on Social
Security to help buy medicines, food, and shelter.
It means we cannot address national security concerns such as the New
START treaty--something that national security experts and every living
Secretary of State from both parties support.
It means we cannot do any of these things--provide for our Nation's
health, economic health, and national security until we take care of
the millionaires and billionaires first.
Tax cuts for the wealthiest 2 percent of our country--including, I
should add, lots of U.S. Senators--come first, we are told. But what
about the 86,000 Ohioan workers who saw their unemployment benefits run
out 2 weeks ago? Or the 108,000 Ohioans expected to lose benefits at
the end of this month?
Sorry. Get in line behind the millionaires who get $90,000 in tax
cuts.
How about the insurance agent in Zanesville, OH, who makes $50,000 a
year and is hoping for a tax cut of $800 for a small downpayment to
help a daughter at the community college of Zane State?
Too bad. Not until a deca-millionaire receives his tax cut of
$400,000.
What about a single mother with two children earning $30,000 a year
and hoping for an expanded childcare and earned-income tax credit?
Tough luck. Wait in line for the billionaire to get his tax cut of
tens of millions of dollars.
What do they think this country is all about? That we cannot help
people who have lost their jobs who are desperately looking for work?
That we cannot extend a tax break to a sales clerk making $27,000 a
year who is raising two children until the millionaire gets his cash?
That we cannot cut taxes for the broad middle class until the richest 1
percent of our country gets tens of thousands of dollars of tax cuts?
To hold middle-class Americans hostage--as all 42 Republican Senators
have done--may be the most cynical political act I have ever seen.
In a recent Cleveland Plain Dealer article, Susan Harrell, a laid off
bookkeeper, who does not like how tax cuts for the wealthy is a
condition for maintaining unemployment benefits, said of the deal:

It's like extortion. Either you do what we say, or several
million Americans will be living on the street.

Think about that. This is an unemployed, laid off bookkeeper. Like
many people who write me--many of these people have worked all their
lives--20, 30, 40 years. They are laid off. Susan writes: ``It's like
extortion. Either you do what we say''--give us our tax cuts for
millionaires--``or several million Americans will be living on the
street.'' What kind of country is this that such a cynical, cynical,
cynical exercise would happen?
In the same article, Debbie Kline, coordinator of Cleveland Jobs for
Justice, compares the choice as ``weighing tax cuts [for the rich] and
people not eating, living, and surviving.''
Some say the Republicans are merely obstructing or gaming the Senate
rules. But I am with Susan--legislative extortion may be a more
accurate description. Unfortunately, we may have to pay the ransom.
That means tax cuts for millionaires and billionaires in exchange for
unemployment insurance and middle-class tax relief.
Let me tell you about some people who are caught in the middle.
Michael from Shelby County, in western Ohio, writes me:

I am an unemployed father of four and one of the tens of
thousands of faceless Ohioans about to be cut off from
unemployment insurance benefits.
It is obscene to think that a tax giveaway for the wealthy
is gaining more traction politically than helping working
class people survive.
As an unemployed worker I have no lobby or trade
association backing. Instead, I have to worry about losing my
house, my credit rating and any sense of being a beneficiary
of the ``American Dream''.
What am I supposed to do?

Forty-two Republicans say: Sorry. Get in line. Wait until we give the
tax cuts for the rich.
Stacie from Meigs County, down on the Ohio River:

I am a mother of three school-aged, honor students, one
with moderate Cerebral Palsy. I have a Masters Degree in
Education and teach in the public school system in the State
of Ohio.
My husband has been unemployed for 18 months. During this
time he has worked part-time and attended school full-time
maintaining an excellent grade point average.
As a family we have worked very hard to adjust to our
change in circumstance like many other Americans. However
with the loss of $60,000+ in income we had to file Chapter
13.
Now we are faced with not having any unemployment benefits.
This will be a loss of another $450 per week. We need to feed
our family.
Please vote to extend the unemployment insurance for all
unemployed workers who are trying to better themselves during
this economic crisis.

What about the budget deficit which concerns all of us? Two weeks
ago, when the deficit commission released its report, Members of both
parties somberly explained that nothing mattered as much as the
increasing debt that will burden our children and grandchildren.
A year from now, when Republicans will likely block extension of
unemployment, we will remind them how their own $128 billion for tax
cuts for millionaires and billionaires over the next 3 years alone has
already blown a hole in the budget. We will remind them what their tax
cuts for millionaires and billionaires cost when they argue
vociferously for cuts to education, for the privatization of Medicare
and Social Security, and for scaling back health care. Let's not forget
that congressional Republicans who were outspoken about the debt are
the people most responsible for it.
Congressional Republicans have said that cutting taxes on the highest
earners would pay for itself. It hasn't. The

[[Page 19866]]

Presiding Officer sat in the House of Representatives in those days
when the huge Bush tax cuts for the wealthy in 2001 and 2003 passed.
They always said they would pay for themselves. Not even close. We went
from a surplus when President Clinton left office, the largest surplus
in U.S. history, to massive deficits when President Bush left office,
the largest deficits up to that point in American history.
Congressional Republicans, who were the most responsible for this
economic situation, along with President Bush, said that the tax cuts
for the wealthiest would grow the economy and create jobs. They
haven't. Under President Bush, for 8 years, we lost 673,000 private
sector jobs. We actually declined in the number of Americans working in
the private sector during those 8 years. From 2001 to 2007, we had
below average economic growth.
Republicans say that if millionaires have to pay the same tax they
did before the Bush tax cuts; that is, during the Clinton years, then
job creation will suffer. But it is a fact that during the Clinton
years we created 22 million jobs in those 8 years--again, 21 million
private sector jobs and 22 million overall. We created 21 million
private sector jobs compared to private sector job loss during the Bush
years.
Congressional Republicans voted for the Iraq war but have ignored its
costs, charging it to our children and grandchildren. In 2003,
Republicans voted to bail out the drug and insurance companies in the
name of Medicare privatization and charged it to our children and
grandchildren.
If the last decade is any indication, it is that trickle-down
economics simply doesn't work. The last decade has shown it has failed
history as an experiment.
Meanwhile, during the last 2 years alone, Democrats--usually without
Republican support--have already passed $500 billion in tax cuts
through the ARRA, through the Small Business Act, through the HIRE Act.
Our economic policies that are focused on the middle class are helping
to create jobs and turn around our economy.
For the past 50 years, Republicans and Democrats alike have always
acted to provide extended unemployment during tough economic times.
That is because it is not only a moral obligation, but it is also an
economic stimulus for our economy. The same goes for the childcare and
the earned-income tax credits. They strengthen the middle class. They
give people opportunity to join the middle class. They help the economy
by injecting money into the economy.
So this debate really comes down to whose side are you on and whom
are you fighting for. It is a choice between paying an extortionist's
ransom--we are not going to do anything; we are going to do a work
stoppage unless we do tax cuts for the rich--it is a choice between
paying an extortionist's ransom or letting the middle class continue to
struggle. It is a choice forced upon us during a time when we simply
can't afford to play politics with people's livelihoods.
I can't look an unemployed worker in the eye and tell him that our
political principles stand in the way of their earned benefits. As much
as I dislike what they did and how they did it, as much as I dislike
these tax cuts that go overwhelmingly to the richest people, the estate
tax cuts, the huge hole they are driving in the deficit, as much as I
dislike that--and they are my principles I stand on--I just can't
imagine saying to an unemployed worker: Sorry, as much as I want to
help you, I just don't believe this is fair that we should do this. I
can't look at a single mother making $27,000 a year and say: The
earned-income tax credit is not important, even though it is for you,
and turn my back on them. The unemployed worker, the single parent
making $28,000 a year working two jobs should not have to end the
holiday season and enter the new year worried because of politics and
about how the arcane Senate procedure stood in the way.
I may not like the choice, but I have to stand with the Ohioans who
may have to wait until midnight when their unemployment benefits are
activated to buy necessities such as milk and bread. We have to stand
with the mother and the father and the teacher and the nurse and the
farmer who need middle-class tax relief to care for a child, afford a
college education, or to build a small business.
It is with that in mind that I vote in favor of this bill--people
such as Ericka and Susan and Debbie and Michael and Stacy who say:
Enough is enough. Please help me. Because of them, I will continue to
fight on their behalf.
I hope my Republican colleagues learn something from this.
Legislative threats of a work stoppage and legislative blackmail may
have helped their rich friends and may continue today, but in the end,
it is bad for our economy, it is bad for the Senate, it is terrible for
our country, and it is terrible for our future.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered

____________________

ORDER OF PROCEDURE

Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that
Senator Voinovich, my State's senior Senator, be recognized at 10:30
a.m. Wednesday, December 15, to bid farewell to the Senate for up to 20
minutes; further, that at 2:15 p.m. on Tuesday, December 21, Senator
Specter be recognized to deliver his farewell to the Senate; provided
further that on Wednesday, December 15, upon conclusion of the vote on
proceeding to executive session, the Senate return to legislative
session in order for Senator Lincoln to say farewell to the Senate;
that at the conclusion of her remarks and any of her colleagues, the
Senate then resume executive session at the same status prior to
Senator Lincoln's recognition in legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MORNING BUSINESS

Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
Senate proceed to a period of morning business, with Senators permitted
to speak therein for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

TRIBUTES TO RETIRING SENATORS

Judd Gregg

Mr. DURBIN. I want to join my colleagues in wishing our friend,
Senator Judd Gregg, the best of luck as he prepares for his new life
beyond the U.S. Senate.
I don't think it is any exaggeration to say that, without the
leadership and dogged insistence of Judd Gregg and Kent Conrad, there
would have been no Presidential Deficit Commission.
As a member of that commission, I want to say to Senator Gregg: I
will get you back for that one.
In all seriousness, serving on the Deficit Commission was not an easy
assignment. But I believe the commission's work, and the way we went
about our work, shows that Democrats and Republicans can still reason
together and act together for the good of our nation. I thank Senator
Gregg for helping to remind us of that important truth.
You might remember a few years back when Senator Gregg won about
$850,000 in a Powerball payoff. A bunch of us on our side of the aisle
tried to convince him that he ought to do what all big lottery winners
do: quit his job. He said no--there was more he wanted to do in the
Senate.
Judd and I served together in the House and the Senate and, as I
said, on the Deficit Commission. We're one of the Odd Couples of
Capitol Hill. He's Felix and I'm Oscar.
We haven't agreed on a whole lot. But we have been allies on some
big, important fights. Judd was an

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indispensible leader in the effort to finally give the FDA the
authority to regulate tobacco. His work on that bill will save
thousands and thousands of lives in America and around the world and I
am proud to have been his partner on it.
I understand that Judd Gregg is the only person in New Hampshire
history ever elected Senator, Congressman, Governor and Councilor.
Little-known fact: I think he was also the model for the Old Man in the
Mountain.
When Judd claimed his Powerball winnings, he told reporters, ``Even
Senators get lucky sometime.'' I am lucky to have worked with Judd
Gregg in both the House and the Senate for almost 15 years. We have had
some spirited differences--always will. But I respect him as an
independent-minded conservative, a tough negotiator and a man who
believes in public service.
I wish Judd, Kathy and their family the very best in the next
chapters of their lives.

Judd Gregg

Mr. LEVIN. Mr. President, through three terms in this chamber,
Senator Judd Gregg has been a consistent, principled voice for
responsible stewardship of the taxpayers' hard-earned money. Though he
and I have not always agreed on the roles and responsibilities of
government, that has not diminished my admiration for his principled
stand on fiscal responsibility, a stand that has at times brought him
into conflict with members from both parties.
Senator Gregg has been willing to cross party lines on important
issues throughout his tenure in the Senate. At times that has been the
result of his belief in limiting deficits, as when he opposed the
creation of the Medicare drug benefit in 2003 without identifying ways
to pay for it. But he also supported last year the nomination of Sonia
Sotomayor to the Supreme Court. He has voted to allow Food and Drug
Administration regulation of tobacco. And he has voted to give U.S.
workers a higher minimum wage.
Still, Senator Gregg will rightly be remembered primarily for his
advocacy of prudent spending. He consistently has pressed for a
detailed, bipartisan effort to address the Nation's troubling fiscal
situation. The bill he worked on with Senator Conrad ultimately became
the model for the National Commission on Fiscal Responsibility and
Reform. While the success of the commission is still unclear, it
already is clear that Senator Gregg's efforts have helped move the
discussion forward.
I congratulate Senator Gregg on his distinguished service, and I wish
him the best of luck in wherever his new endeavors take him.

George Voinovich

Mr. President, aside from a few college football Saturdays each fall,
Michigan and Ohio share much. Both States are known for our
manufacturing strength. And both are known for the central role the
Great Lakes play in the daily lives of our citizens. And over his 12
years in this chamber, Senator George Voinovich has demonstrated that
these shared interests are far more important than party labels.
I have had the pleasure of working alongside Senator Voinovich on
these and other important issues. Since 2007, he has been my co-chair
on the Great Lakes Task Force, and he has brought just as much
dedication and commitment to that work as you would expect from an
Ohioan, lover of our Lakes, and expert angler. Recently, the greatest
issue facing the Lakes has been the threat of invasive species, and
especially Asian carp, which could devastate Great Lakes ecosystems if
they make their way up the Mississippi River valley. His strong
advocacy for protecting the Lakes helped yield an important victory
just last month with passage of the Asian Carp Prevention and Control
Act, which added the bighead carp to the list of species prohibited
from import into the United States.
Senator Voinovich was instrumental in helping ensure passage of the
Great Lakes Compact, which protects the waters of the Great Lakes from
diversion. He helped secure more than $200 million in funding for
cleanup of contaminated sediments under the Great Lakes Legacy Act. And
he has been my valued partner in introducing the Great Lakes Ecosystem
Protection Act, which would provide important tools and funding to
address a wide range of environmental concerns on the Lakes. Senator
Voinovich also recognizes the integral role the Lakes play in our
States' economies, and so has been at the forefront of efforts to
promote shipping and commerce on the Lakes.
In addition to his impressive legacy on Great Lakes issues, Senator
Voinovich has been a thoughtful and effective advocate for our States'
manufacturers. He and I co-chair the Senate Auto Caucus, and in this
role, he has done much to ensure that the domestic auto industry, the
backbone of American manufacturing, remains strong. He has been a
powerful voice in the Senate for ensuring that U.S. manufacturers,
including our auto industry, are able to fully participate in overseas
markets, just as foreign companies are given access to our markets; his
opposition to unfair aspects of a proposed free trade agreement with
South Korea is just one recent example of that advocacy.
It is no surprise that in his work on these issues, Senator Voinovich
has been motivated by the interests of his State and our nation, and
not the desire to score partisan points. He has throughout his time in
the Senate--and before, when serving as a mayor and governor--
demonstrated the ability to find areas of bipartisan agreement, even
when he faced political pressure to walk the party line. To cite just a
recent example: He was one of a handful of Republicans to cross party
lines and vote for the Small Business Jobs and Credit Act, which
provided important new tools to help small businesses grow and provide
the jobs we need to get our economy going.
On these and other issues, I have had the opportunity to work closely
with Senator Voinovich. I will miss him when we return in January. He
has been a powerful and principled advocate for his State. The people
of my State have benefitted greatly from his work on issues of common
interest between Michigan and Ohio. And I have benefitted greatly from
his wisdom, friendship and teamwork.

Sam Brownback

Mr. CONRAD. Mr. President, I rise today to honor my colleague,
Senator Sam Brownback, who will be leaving the Senate at the end of
this term. Senator Brownback has served the people of Kansas for 16
years in the Congress, serving one term in the House of Representatives
before being elected to the Senate in 1996. Sam is leaving the Senate
to serve the people of Kansas as their Governor.
As rural, Midwestern States, Kansas and North Dakota have a lot in
common, sharing many of the same challenges and opportunities.
Agriculture is a key component of both States' economies. In fact,
North Dakota and Kansas often vie for the position of top wheat
producer. Senator Brownback knows agriculture well, having been raised
on a farm near Parker, KS, and serving as a State leader of Future
Farmers of America in high school. Early in his career, Sam served as
Kansas Secretary of Agriculture. These experiences prepared him for his
work in the Senate, where he championed producing more energy from
biofuels and opening overseas markets to American beef--two issues that
are just as important to farmers and ranchers in North Dakota as they
are to those in Kansas.
I worked closely with Sam on a program that helps ensure that
individuals who live in rural areas have access to doctors. The Conrad
State 30 program allows foreign doctors educated in the United States
on J-1 visas to obtain a waiver of the requirement to return to their
home country for 2 years if they agree to practice for 3 years in a
medically underserved area of the country. This program has been vital
for individuals in rural States like Kansas and North Dakota. Without
it, residents of rural areas would have to travel long distances to
visit physicians. I am proud to have Senator Brownback's support of
legislation to expand this program and make it permanent.

[[Page 19868]]

Senator Brownback's concern for his fellowman does not stop at
America's borders. Although he does not serve on the Senate Foreign
Relations Committee, Sam has been very involved in international
affairs, and has dedicated himself to causes that protect the most
vulnerable. He was instrumental in passing the Trafficking Victims
Protection Act, worked to bring peace to Darfur, and, most recently,
fought to end the trade in conflict minerals from the Congo.
Sam is one of the most genuine Members of the Senate. He is willing
to listen to opposing views and engage in respectful debate. This great
body will miss Senator Brownback's collegiality.
I thank Senator Brownback for his service in the Senate and wish him
the best as he continues to represent the people of Kansas as their
Governor.

George Voinovich

Mrs. BOXER. Mr. President, I would like to ask my colleagues to join
me today in recognizing the service of a fellow Senator, and friend,
Senator George Voinovich. He has spent over four decades as a public
servant and has been a tireless advocate for the State of Ohio.
Senator Voinovich started his career in public service in 1967 when
he served as a Member of the Ohio House of Representatives. He then
went on to serve as a county commissioner, the mayor of Cleveland, and
as the Governor of Ohio. In 1998, he was elected to the U.S. Senate.
Having worked extensively in local government, Senator Voinovich
understood first-hand the importance of Federal investment in
infrastructure before he ever arrived in Washington.
Senator Voinovich has served with me on the Environment and Public
Works Committee since the 106th Congress, 1999. Throughout his career,
he has been a great advocate for transportation. As the ranking member
of the Transportation and Infrastructure Subcommittee during the 111th
Congress, he helped us ensure ongoing investment in Federal highway,
transit and highway safety programs and the jobs that those investments
create.
In hearings, Senator Voinovich has frequently highlighted the
importance of investing in infrastructure at all levels of government
and often called on his colleagues to support passage of a new long-
term surface transportation authorization at increased funding levels.
He and his staff have contributed to the efforts of our committee to
draft a new surface transportation authorization. Senator Voinovich's
passion for these issues was influential among his colleagues on the
Environment and Public Works Committee, and will help guide us as we
move forward on new transportation legislation.
During his service on the Environment and Public Works Committee,
Senator Voinovich has also been an advocate for investing in America's
water resources and protecting water quality. I was also pleased to
join him as a cosponsor of the Clean Coastal Health and Public Health
Act, which helps to ensure our Nation's beaches are safe for swimming
and recreation.
I am also grateful for his partnership in supporting investment in
America's ports, which are important economic drivers in both Ohio and
California, and are vital to the national economy.
Senator Voinovich's service on the Environment and Public Works
Committee will have a lasting impact both in the State of Ohio, and
across the Nation. I want to extend my best wishes to Senator Voinovich
and his family in his retirement, and express my gratitude for his many
years of hard work and dedication to public service.

____________________

HONORING OUR ARMED FORCES

Sergeant First Class James E. Thode

Mr. HATCH. Mr. President, I rise today to recognize and pay tribute
to SFC James E. Thode, who gave the ultimate sacrifice for his country.
On December 2, 2010, he died of wounds suffered after an improvised
explosive device detonated on a roadside in Sabari District, Khowst
Province, Afghanistan. He was 45 years old.
Sergeant First Class Thode served with the Utah National Guard, 118th
Engineer (Sapper) Company, 1457th Engineer Battalion, 204th Maneuver
Enhancement Brigade, in Salt Lake City. His unit's mission was vitally
important, as it provided route-clearance support to coalition forces.
Identifying and clearing IEDs was part of their dangerous job.
Sergeant First Class Thode called Farmington, NM, his home and grew
up in Tucson, AZ. However, boundaries are blurred in the Four Corners
area and soldiers are drawn from the neighboring states. I am proud,
and, indeed, Utah is proud to call Sergeant Thode one of our own. He
was one of our finest.
This was to be Sergeant First Class Thode's third deployment
overseas. In 1991, he served during the first gulf war, although he did
not see combat. He never shied away from duty.
Like so many of the fine men and women serving in the Armed Forces
today, Thode felt it was his duty to serve. He exemplified this
attitude by not only serving his country abroad, but by serving on the
Farmington Police Department for the last 14 years. In that time he
worked as a training officer, a member of the SWAT team. He was well-
respected. He was a great friend. He was a great leader. He had the
qualities we would want in a police officer and protector of a
community.
His decision to serve our country came at an early age. He was
inspired by his uncle who served in the military. As a young boy, he
learned how to shoot a BB gun and later his father took him to the
shooting range and taught him how to handle a rifle. He joined the
military in 1984 and had served long enough to retire from military
service by the time he went on his third deployment, this time to
Afghanistan. His father told him he could have retired, but he insisted
that the young men and women he served with needed someone to take them
to war and help keep things together.
He was a father figure to many of his fellow soldiers. He was the
glue that held people together. A warrior that led by example.
My thoughts and prayers go to his loving family. He leaves behind his
devoted wife Carlotta; their 18-year-old daughter Ashley; their 8-year-
old son Tommy; his mother Evelyn; father Ernest; and other family and
friends. With his ultimate sacrifice, they are sacrificing, too. God
bless them.
Mr. UDALL of New Mexico. Mr. President, in the more than 9 years that
our military has been fighting in Afghanistan, thousands of brave men
and women have volunteered their service to our country. They have
sacrificed time with their families, travelled to foreign lands, and
put their lives in jeopardy, all in the defense of the ideals we hold
dear.
This month, New Mexico lost one of those brave soldiers. His name was
James Thode. He was a 45-year-old married father of two who had served
for 14 years as a police sergeant for the city of Farmington. He was in
Afghanistan as a member of the Utah National Guard as a sergeant first
class in the 118th Sapper Company.
Sergeant Thode was killed by a roadside bomb on December 2 when
insurgents attacked his unit in Afghanistan's Khost province.
Too often, when we are faced with the loss of one of our brave men or
women in uniform, the first thing that is talked about is how they
died. A roadside bomb. A firefight with the enemy. Protecting a fellow
soldier from harm.
That is important. But it is equally important that we remember how
they lived.
That is what I would like to do today. I want to remember how
Sergeant James Thode lived.
Those who served with Sergeant Thode saw him as a father figure to
the younger soldiers. ``The glue that held people together,'' said one.
He was ``a humble person, soft spoken and had a way of connecting
with everybody he met,'' said another.
A third soldier recalled that Thode had an opportunity for a command
position with a different unit--but he, quote, ``chose to stay with his
men, knowing the risk.''
When he deployed to Afghanistan in July, Sergeant Thode left behind
his

[[Page 19869]]

wife Carlotta and their two children, 18-year-old daughter Ashley and
8-year-old son Tommy. It was his second deployment. His first was to
Iraq in 2003.
Back at home, Thode had served as a member of the Farmington Police
Department since 1996 as a field training officer, member of the SWAT
Team, and eventually a member of the detective unit.
Sergeant Thode was well-known and well-respected within the close-
knit Farmington community. As Farmington Police Chief Kyle Westall said
upon learning of Thode's death, ``The community lost a truly great man
who will be missed by many.''
Sergeant Thode lived a life to which we all should aspire--a life of
service to family, community and country.
To Sergeant Thode's wife, children, parents, sister, and extended
family and friends, my wife Jill and I offer our deepest sympathies for
your loss, and our deepest thanks for your loved one's service to our
country. You are forever in our hearts, and we are forever in your
debt.

____________________

PORTEOUS IMPEACHMENT

Mr. LEVIN. Mr President, today we are involved in one of the most
important functions of the U.S. Senate, and one of the most rare. Only
11 impeachment trials have been completed over the 221-year history of
the Senate.
Article II of the U.S. Constitution gives the ``sole Power to try all
Impeachments'' to the Senate, and we take this role very seriously.
Judges may be impeached and, if convicted, removed for ``Treason,
Bribery, or other high Crimes and Misdemeanors.'' Neither the
Constitution nor statute define ``other high Crimes and Misdemeanors.''
So it is up to each one of us to determine what actions reach the level
of impeachable offenses egregious enough to remove a Federal officer
such as a district court judge.
It is important that the judges that we confirm to lifetime
appointments have the utmost integrity. Anything less would undermine
public confidence in the judicial system which has such a major impact
on the lives of Americans. These votes are among the most important and
difficult that we cast.
Today I will vote to convict Judge Porteous on the basis of articles
I through III. Those articles allege that Judge Porteous engaged in
corrupt behavior with a law firm, had significant financial ties to
that firm, but failed to recuse himself in a case where that same law
firm represented one of the parties, improperly and unethically
solicited and received a financial gift from a lawyer while he had that
lawyer's case under advisement, and solicited favors from a bail
bondsman and the bail bondsman's sister while using the power and
prestige of his office to provide assistance to them and their business
and made material false statements in conjunction with his personal
bankruptcy filing.
I believe that Judge Porteous is guilty of the actions outlined in
those three articles which prove and that he is unfit to serve as a
U.S. district court judge.
I cannot, however, vote to convict Judge Porteous on the basis of
article IV. Unlike the previous three articles that allege objective
behavior to prove impeachable offenses, article IV is subjective: It
requires us to determine Judge Porteous' state of mind--what he was
thinking and how he felt about his past behavior. Article IV alleges
that Judge Porteous ``knowingly made material false statements about
his past to both the United States Senate and to the Federal Bureau of
Investigation in order to obtain the office of United States District
Court Judge.''
Specifically, article IV states that Judge Porteous was asked if
there was anything in his personal life that could be used by someone
to coerce or blackmail him, or if there was anything in his life that
could cause an embarrassment to Judge Porteous or the President if
publicly known. Judge Porteous answered ``no'' to those questions.
During his background check, Judge Porteous told the Federal Bureau of
Investigation on two separate occasions that he was not concealing any
activity or conduct that could be used to influence, pressure, coerce,
or compromise him in any way or that would impact negatively on his
character, reputation, judgment, or discretion. Finally, Judge Porteous
was asked whether any unfavorable information existed that could affect
his nomination. Judge Porteous answered ``no,'' to the best of his
knowledge.
Did Judge Porteous believe those answers were true when he made them?
I do not believe that we should impeach and convict a person based on
his or her beliefs or his or her state of mind. If we did, we would be
removing someone from office without evidence he was intentionally
lying, not about an objective fact but about what he believed at the
time of his statement. Beyond that, it is a statement about a
subjective issue. Judge Porteous may have believed that none of his
conduct, if known, would be embarrassing to the President, or that
nothing in his past could be used to improperly influence him, even if
the Senate disagrees with that belief. We should remove someone from
office based on his conduct or on his objectively false material
statements of fact, not on subjective statements about subjective
judgments.
Assume that a candidate for the Federal bench in an answer to a
question of the Judiciary Committee or Department of Justice said that
nothing in his past would embarrass the President if known. After he is
confirmed as a judge, he is involved in a messy divorce and it is
discovered that the judge had had a series of extramarital affairs in
the few years before he answered the questionnaire that he knew of
nothing in his past that would embarrass the President. Assume further
that in the judgment of the House, that behavior does embarrass the
President. Under the theory of article IV, the judge's answer would
constitute an impeachable offense. Article IV creates a precedent that
is too potentially dangerous for me to support.
To quote from page 60 of the Report of the Impeachment Trial
Committee, ``Professor Mackenzie also testified that while the
compromise-or-coercion question is asked `routinely' of ``virtually
everybody who is interviewed,'' he could not recall any candidate who
had ever responded affirmatively to this question. Nor was he aware of
any individual who has ever responded affirmatively to a question that
asks the candidate to `advise the Committee of any unfavorable
information that may affect your nomination' or any nominee who had
ever been prosecuted or removed from office for falsely answering such
a question.''
It is our solemn responsibility to protect the integrity of the
Federal judiciary and the public trust in our judicial system. Today we
will fulfill that role.
Mr. BINGAMAN. Mr. President, the Senate has found G. Thomas Porteous,
Jr. guilty of the charges contained in four articles of impeachment and
removed him from office as a Federal district judge. In addition, it
has adopted a motion disqualifying Mr. Porteous from ever holding any
office of honor, trust, or profit under the United States. Although I
voted guilty on all four articles of impeachment, I voted against the
motion to disqualify Mr. Porteous from future office. Although the
Constitution clearly gives the Senate the power to disqualify a person
from holding future federal office upon impeachment, I do not believe
that sanction was justified in this case, viewed in light of previous
judicial impeachments.
Under our Constitution, impeachment is a remedial measure, not a
penal one. Its purpose is to not to punish wrongdoers, but to protect
our government against official misconduct by removing corrupt
officials from office. As Justice Story put it, impeachment ``is not so
much designed to punish an offender, as to secure the state against
gross official misdemeanors.''
The Framers of our Constitution borrowed the idea of impeachment from
Great Britain. But in Britain, in the centuries before the adoption of
our Constitution, impeachments were used to punish as well as to remove
from office. Impeachment by the British Parliament could result in
fines, imprisonment, and even death. The Framers of our Constitution
wanted none of that.

[[Page 19870]]

They wove safeguards against legislative punishments throughout the
Constitution, in the prohibitions against bills of attainder and ex
post facto laws, in an independent judiciary, and in the due process
clause of the fifth amendment. Most clearly, they spelled out their
design in the impeachment clause itself, which states that ``Judgment
in Cases of Impeachment shall not extend further than to removal from
Office, and disqualification to hold and enjoy any Office of honor,
Trust or Profit under the United States.''
Although united in a single sentence, ``removal from Office'' and
``disqualification to hold . . . Office'' are separate and distinct
remedies. They are treated as separate and distinct in our rules and in
our precedents. Removal from office follows automatically upon
conviction. It does not require a separate motion or vote.
Disqualification from holding office in the future is discretionary. A
separate motion and a vote on the motion are required.
Like removal, disqualification is remedial. It protects the integrity
of our government by declaring persons found guilty of corrupt behavior
unfit for Federal office. It is not unique to impeachment, but can be
found in a number of federal statutes that disqualify persons convicted
of certain crimes, typically involving official misconduct. As the
Supreme Court has said, it is ``a familiar legislative device,'' and
``Federal law has frequently and of old utilized'' it. This is from De
Veau v. Braisted, 363 U.S. 144, 158-159, 1960.
But disqualification also has a punitive dimension to it. In the same
paragraph of his Commentaries on the Constitution in which Justice
Story said that impeachment is not ``designed to punish an offender,''
he referred to ``the punishment of disqualification.'' The Supreme
Court also said that ``Disqualification from office may be punishment,
as in cases of conviction upon impeachment.'' This is from Cummings v.
Missouri, 77 U.S. 277, 320, 1867--stating that disqualifications in
Missouri's Constitution ``must be regarded as penalties --they
constitute punishment''.
Because of the punitive aspect of disqualification and because the
Senate's decision to disqualify a person is not subject to judicial
review, see Nixon v. United States, 506 U.S. 224, 1993, the Senate's
decision to impose disqualification is an especially grave one. The
Senate has historically treated it as such. Out of the seven previous
impeachment cases that resulted in a conviction since the Nation's
founding, the Senate has impose disqualification in only two cases, one
involving West Humphreys in 1862 and the other involving Robert
Archbald in 1913. A motion was also made to disqualify Halsted Ritter
following his conviction in 1936, but the Senate voted unanimously not
to disqualify him. Thus, the Senate has not imposed the grave sanction
of disqualification for nearly a century, between the impeachment of
Mr. Archbald in 1913 and that of Mr. Porteous this week. None of the
three judges convicted and removed from office in recent times--Harry
Claiborne in 1986, Alcee Hastings in 1989, or Walter Nixon, also in
1989--have been disqualified.
As Judge Sporkin said in connection with the impeachment of Judge
Hastings, ``impeachment must be invoked and carried out with solemn
respect and scrupulous attention to fairness. Fairness and due process
must be the watchword whenever a branch of the United States government
conducts a trial, whether it be a criminal case, a civil case or a case
of impeachment.'' This is from Hastings v. United States, 802 F. Supp.
490, 492, D. D.C. 1992, vacated on other grounds, 988 F.2d 1280, D.C.
Cir. 1993.
Fairness, I believe, requires proportionality. As the Supreme Court
has often said, ``it is a precept of justice that punishment for crime
should be graduated and proportioned to offense.'' This is from Weems
v. United States, 217 U.S. 349, 367, 1910. There are two dimensions to
proportionality. The first, rooted in Magna Carta, is that the
punishment should fit the crime, and the harshness of the penalty
should be proportionate to the gravity of the offense. Unquestionably,
the impeachment charges upon which the Senate convicted Mr. Porteous
are serious and, measured by the gravity of the offense alone,
conviction on these charges might well warrant the sanction of
disqualification.
But proportionality ought also to be measured against the punishments
imposed on others impeached and convicted of comparable offenses. See
Graham v. Florida, 130 S.Ct. 2011, 2040-2041, 2010, Chief Justice
Roberts, concurring. Here, I think it is hard to justify disqualifying
Mr. Porteous from holding future office when the Senate imposed no such
disqualification on any of the other judges impeached and convicted for
misconduct over the past 97 years. If there were considerations in this
case that justify disproportionate punishment that were not present in
the previous impeachments, they were not made clear at the trial.
As Chief Justice Roberts recently wrote, ``the whole enterprise of
proportionality review is premised on the `justified' assumption that
`courts are competent to judge the gravity of an offense, at least on a
relative scale.''' This is from Graham v. Florida, 130 S. Ct. 2011,
2042, 2010, Chief Justice Roberts, concurring. Although the Senate sits
as a ``court of impeachment'' to ``try'' impeachment cases, we are not
sentencing judges and are not bound by judicial principles of
proportionality. We possess what Alexander Hamilton described in
Federalist No. 65 as the ``awful discretion . . . to doom'' people ``to
infamy.'' Our judgments are not subject to judicial review. But for
this very reason, I believe that we should only impose the punishment
of disqualification with what Judge Sporkin called ``scrupulous
attention to fairness,'' and some reasonable sense of proportion
relative to previous, comparable impeachments. I do not believe that
disqualification was a proportionate punishment in this case, and for
that reason, I voted against the motion to disqualify Mr. Porteous.
Mr. WHITEHOUSE. Mr. President, while serving on the impeachment trial
committee, I heard evidence that convinced me that Judge Thomas
Porteous had a long history of corrupt behavior, deceived this body
during the pendency of his nomination to serve on the federal bench,
failed to meet the ethical standards we expect of Federal judges, and
should be removed from the bench. The Senate was right to convict him
and to bar him from future Federal office.
In light of the precedents this body inevitably sets in deciding to
remove a Federal judge from office, the Senate must be thoughtful about
the implications of our decisions on future impeachments. In this case,
I believe that is particularly true with respect to the issue of
aggregation of the Articles of Impeachment. Although the outcome of
this trial may not turn on that question, it is fairly raised here, and
calls to mind the prospect that in the future, House impeachment
managers might be tempted to package a disparate bill of complaints
against a President or Supreme Court Justice into a single article--
hoping that added together, the charges will attract the votes of
enough Senators to convict. I believe we should mark in this proceeding
our view that the House of Representatives must be scrupulous about
properly crafting Articles of Impeachment in all future cases.
Senators who have served as prosecutors will know that, under the
``duplicity'' doctrine, a prosecutor cannot join together two or more
distinct offenses into a single count of a criminal indictment. Thus, a
single count cannot charge a criminal with kidnapping and murder.
Instead, each charge must be placed in a different count so that the
jury can vote separately on each count of the indictment.
This prohibition against aggregated or duplicative counts in an
indictment protects a defendant's constitutional due process rights,
including rights to fair notice and to a unanimous jury verdict. The
First Circuit Court of Appeals has explained that this prohibition
``arises primarily out of a concern that the jury may find a defendant
guilty on a count without having reached a unanimous verdict on the
commission of any particular offense.'' The Third Circuit explained, in
United

[[Page 19871]]

States v. Starks: ``there is no way of knowing with a general verdict
on two separate offenses joined in a single count whether the jury was
unanimous with respect to either.''
An impeachment trial is not a criminal proceeding. The charges
against Judge Porteous are described in Articles of Impeachment, not
counts in an indictment. The constitutional rules of criminal procedure
do not bind this body sitting in an impeachment trial. Rather, the
Senate works with the constitutional standard of ``Treason, Bribery, or
other high Crimes and Misdemeanors,'' the latter language of which does
not define the specific elements of a removable offense. Because of
numerous important differences between an article I Senate impeachment
trial and an article III criminal trial, I think Articles of
Impeachment need not be divided into distinctive counts to the full
extent that a criminal indictment must.
Nonetheless, there are principles of fairness at the heart of the
doctrine of duplicity that should be honored. Article I, section 3 of
the Constitution requires a two-thirds vote of the present Members of
this body to convict a defendant during an impeachment trial. This
suggests that there should be in the Senate a minimum level of
agreement on the offense--67 votes, to be exact of which the defendant
is convicted.
It would strike me as suspect, for example, to convict a defendant of
a single article that alleged that the defendant had committed treason
and, 10 years later, had committed bribery. In that case, 30 Senators
might believe he was guilty of bribery, and 40 Senators might believe
he was guilty of treason. That would add up to 70 votes to convict even
though 70 Senators believed he had not committed bribery, and 60
believed he had not committed treason. Surely that was not the
Founders' intent.
Under another scenario, however, an article of impeachment might
allege that a defendant, on one tax return, failed to disclose income
from an investment, failed to disclose another investment entirely, and
took a false deduction on yet a third investment, and then lied to IRS
investigators during the following audit. I believe the Senate should
be able to convict such a defendant for a single high crime or
misdemeanor of willful tax evasion.
I understand the school of thought that the only procedural
protection an impeachment defendant enjoys is the supermajority
requirement of 67 votes, and that it acts as a catch-all: Whatever
procedural concerns there might be are swept away if a two-thirds
supermajority agrees. Under this view, the duplicity concern, or any
other, simply doesn't matter. Sixty-seven votes solves that--and every
other procedural problem. I am not comfortable with that view.
Instead, it is clear to me that there should come a point where an
Article of Impeachment must be rejected for inappropriate aggregation
of multiple offenses. That line falls in a different place in the
impeachment context than it does in the criminal justice context, but
exactly where it falls and how to define it is no easy question.
Each Senator must arrive at his own standard for what conduct may be
aggregated within a single article. However, as a general rule, I would
suggest that the distinction between an unacceptably aggregated Article
of Impeachment and an imperfectly drafted, yet ultimately acceptable,
article turns on whether, at bottom, the article is alleging a single
core offense. And I believe the appropriate remedy when a Senator
concludes that an article is improperly aggregated is for the Senator
to vote ``not guilty'' on that article.
I voted against the defense's motion to dismiss the articles on the
basis that they improperly aggregated multiple factual charges that
belong in separate articles, and its incorporated request that the
Senate carve up the Articles of Impeachment brought by the House into
small pieces for the purposes of voting. I don't think that is our
role. The House chose to draft the articles as it did, and the Senate--
in the role of adjudicator--should not be in the business of rewriting
the prosecutor's charging sheet. The House was entitled to an up-or-
down vote on each article, not on only portions of each article. It
sets a bad precedent to put the Senate in the position of drafting or
altering the charging document on which it must vote.
In contrast, I voted against the second Article of Impeachment. It
alleges multiple separate and distinct offenses, united by a common
thread: the judge's ``corrupt relationship'' with the Marcottes, which
spanned over 20 years. The aggregation of multiple distinct offenses
within the article, tied by only a ``relationship,'' creates
significant uncertainty about what the Senate is voting on. Some
Senators might find Judge Porteous guilty on allegations of corrupt
bond-setting. Others might believe that the Judge did not set bonds
improperly, but acted corruptly in expunging the sentences of employees
of the Marcottes. Still other Senators might believe that this pre-
Federal conduct was not proven, but that the Judge should be convicted
based on a series of lunches he participated in as a federal judge, or
setting the Marcottes up with a successor judge. Put simply, this body
could conceivably find Judge Porteous guilty of article II without
agreeing which of multiple separate offenses linked by a long-term
relationship was the ground for the conviction. The aggregation of
charges in this article falls too close to the line for me, and so I
voted ``not guilty'' on article II.
The remaining articles raised no comparable concerns, so I have voted
to convict on each.
The first article of impeachment alleges that Judge Porteous
improperly denied the recusal motion in the Lifemark case; in the
course of doing so, failed to disclose his relationships with attorneys
practicing before him; failed to disclose that he had improperly
solicited and accepted thousands of dollars from those attorneys while
the case was under advisement; and ultimately resolved the case in a
manner suggesting that his decision was affected by his financial and
personal relationship with the attorneys. Fundamentally, these
allegations can be considered together to constitute a single
impeachable offense of corruptly handling a single case; indeed, at its
heart, a single motion to recuse. I believe that the House proved these
allegations, and so voted to find Judge Porteous guilty on this
article.
Article III makes several allegations related to Judge Porteous's
bankruptcy. But these can be grouped together under the single rubric
of bankruptcy fraud related to a single filing: the false name, failure
to disclose assets, and assumption of unlawful debt were all part of a
single scheme to defraud the creditors in his own bankruptcy
proceeding. I am comfortable that the House proved these claims, and so
voted to convict Judge Porteous on article III.
Similarly, although article IV alleges that the Judge failed to
disclose various types of conduct at various stages of the confirmation
process, this conduct is fairly characterized as establishing a single
high crime or misdemeanor of knowingly making material false statements
in order to secure Senate confirmation. All of these allegations relate
to a single confirmation, and the preparation of a single confirmation
package for Senate review. Again, I believe that evidence supports
these allegations and that Judge Porteous should be convicted of
article IV.
Having voted to convict on these three Articles of Impeachment, I
voted to bar Judge Porteous from future federal office.

____________________

ADDITIONAL STATEMENTS

______

TRIBUTE TO CLARION FELCHLE

Mr. JOHNSON. Mr. President, today I recognize the public
service career of Clarion ``Clem'' Felchle, who will retire from the
U.S. Postal Service on January 3, 2011, after 36 years of Federal
service.
Clem's career with the U.S. Postal Service began as a distribution
clerk in Grand Forks, ND, followed by tour supervisor of mails in
Bismarck, ND; superintendent of postal operations in St.

[[Page 19872]]

Cloud, MN; director of city operations, director of mail processing and
manager of processing & distribution, Fargo, ND; postmaster, processing
& distribution manager in Sioux Falls, SD; bulk main center manager,
Kansas City, KS, with his final assignment as Dakotas district manager
in Sioux Falls. He received PCES Superior Achievement awards in 2006
and 2007, as well as the ``Above and Beyond'' award given by the
National Employer Support for the Guard and Reserve for his strong
support of our Nation's military.
Clem has witnessed numerous changes within the Postal Service during
his career. He provided dedicated and tireless service and contributed
greatly to the betterment of the organization. Throughout his service,
he has always been committed to those tried and true missions and
mottos of the Postal Service: ``To provide postal services to bind the
nation together through the personal, educational, literary and
business correspondence of the people. It shall provide prompt,
reliable and efficient services to patrons and render services to all
communities'' and ``Neither snow nor rain nor heat nor gloom of night
stays these couriers from the swift completion of their appointed
rounds.''As Dakotas district manager, Clem has helped guide postal
customers and postal employees through various challenges.
Technological advances have put the emphasis of some postal duties on
machines rather than manpower and many small community post offices
have been forced to close or reduce services.
Clem has approached these challenges and changing times with the
utmost level of professionalism, dedication and a sense of humor. I
have appreciated the level of response from Clem and his staff over the
years and I commend him for his great public service career. I wish
Clem all the best in his retirement and again thank him for his
dedicated service to the U.S. Postal Service.

____________________

TRIBUTE TO GREG HARMON

Mr. JOHNSON. Mr. President, today I recognize a public servant
from my home State of South Dakota. Greg Harmon is retiring from the
National Weather Service, NWS, after 37 years of Federal service,
including the last 20 years as the meteorologist in charge of the
National Weather Service in Sioux Falls, SD.
During his many years at the National Weather Service, Greg always
displayed a steadfast awareness of the effect the weather has on
everyone. Greg began his career as a summer intern with the NWS in
Eugene, OR, before becoming the fire weather program manager for the
western region in Salt Lake, UT.
During his many years at the National Weather Service, Greg always
displayed a steadfast awareness of the impact of weather on the
citizens of South Dakota. Greg and his staff have utilized their
collective expertise to educate and inform South Dakotans on the
general aspects of the weather but have also provided expert guidance
in times of extreme weather events, from tornadoes and hail to floods
and blizzards.
As an example of Greg's work and leadership, I recall the events of
May 30, 1998, when a violent tornado struck the small town of Spencer,
SD. The event killed six residents and almost destroyed the entire
community. Just before the tornado hit Spencer, the warning siren was
silenced when electrical power to the community was cut off. Following
the tornado, I initiated efforts at the Federal level to fund a weather
radio network to cover much of South Dakota's population and geography.
The NOAA weather radio can be the most effective warning system, but at
the time of the Spencer event only a few larger communities had the
system. Greg became my partner in helping to educate the general public
on the importance of the weather radio and in helping to expand the
communications system so that most of the State could receive the
weather radio signal.
During his years of public service, Greg has witnessed many changes
in the development of weather observation and climate forecasts. His
skills, professional attitude and dedication to his work has been a
shining example to our community and our state. It is my hope that Greg
leaves the National Weather Service post knowing he greatly impacted
the lives of many people by the protection of life and property during
adverse weather conditions.
I wish Greg all the best in his retirement.

____________________

MESSAGES FROM THE HOUSE

Enrolled Bills Signed

At 2:14 p.m., a message from the House of Representatives, delivered
by Mr. Novotny, announced that the Speaker has signed the following
enrolled bills:

S. 3817. An act to amend the Child Abuse Prevention and
Treatment Act, the Family Violence Prevention and Services
Act, the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978, and the Abandoned Infants Assistance Act
of 1988 to reauthorize the Acts, and for other purposes.
H.R. 5591. An act to designate the airport traffic control
tower located at Spokane International Airport in Spokane,
Washington, as the ``Ray Daves Airport Traffic Control
Tower''.

The enrolled bills were subsequently signed by the President pro
tempore (Mr. Inouye).
____

At 5:01 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bills, without amendment:

S. 1275. An act to establish a National Foundation on
Physical Fitness and Sports to carry out activities to
support and supplement the mission of the President's Council
on Physical Fitness and Sports.
S. 1448. An act to amend the Act of August 9, 1955, to
authorize the Coquille Indian Tribe, the Confederated Tribes
of Siletz Indians, the Confederated Tribes of the coos, Lower
Umpqua, and Siuslaw, the Klamath Tribes, and the Burns Paiute
Tribe to obtain 99-year lease authority for trust land.
S. 1609. An act to authorize a single fisheries cooperative
for the Bering Sea Aleutian Islands longline catcher
processor subsector, and for other purposes.
S. 2906. An act to amend the Act of August 9, 1955, to
modify a provision relating to leases involving certain
Indian tribes.
S. 3794. An act to amend chapter 5 of title 40, United
States Code, to include organizations whose membership
comprises substantially veterans as recipient organizations
for the donation of Federal surplus personal property through
State agencies.
S. 3984. An act to amend and extend the Museum and Library
Services Act, and for other purposes.

The message also announced that the House agrees to the amendments of
the Senate to the bill (H.R. 1061) to transfer certain land to the
United States to be held in trust for the Hoh Indian Tribe, to place
land into trust for the Hoh Indian Tribe, and for other purposes.
____

At 5:59 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bill, in which it requests the concurrence of the
Senate:

H.R. 6516. An act to make technical corrections to
provisions of law enacted by the Coast Guard Authorization
Act of 2010.
____

At 7:02 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bill, in which it requests the concurrence of the
Senate:

H.R. 6510. An act to direct the Administrator of General
Services to convey a parcel of real property in Houston,
Texas, to the Military Museum of Texas, and for other
purposes.

____________________

MEASURES REFERRED

The following bill was read the first and the second times by
unanimous consent, and referred as indicated:

H.R. 6510. An act to direct the Administrator of General
Services to convey a parcel of real property in Houston,
Texas, to the Military Museum of Texas, and for other
purposes; to the Committee on Environment and Public Works.

____________________

MEASURES DISCHARGED

The following joint resolution was discharged pursuant to 42 U.S.C.
2159, and placed on the calendar:

[[Page 19873]]

S.J. Res. 34. Joint resolution relating to the approval of
the proposed agreement for nuclear cooperation between the
United States and the Russian Federation.

____________________

ENROLLED BILL PRESENTED

The Secretary of the Senate reported that on today, December 14,
2010, she had presented to the President of the United States the
following enrolled bill:

____________________

REPORTS OF COMMITTEES

The following reports of committees were submitted:

By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, with an amendment in the nature of
a substitute:
S. 674. A bill to amend chapter 41 of title 5, United
States Code, to provide for the establishment and
authorization of funding for certain training programs for
supervisors of Federal employees (Rept. No. 111--364).
S. 3335. A bill to require Congress to establish a unified
and searchable database on a public website for congressional
earmarks as called for by the President in his 2010 State of
the Union Address to Congress (Rept. No. 111--365).
By Mrs. BOXER, from the Committee on Environment and Public
Works, without amendment:
H.R. 4973. A bill to amend the Fish and Wildlife Act of
1956 to reauthorize volunteer programs and community
partnerships for national wildlife refuges, and for other
purposes (Rept. No. 111--366).
H.R. 5282. A bill to provide funds to the Army Corps of
Engineers to hire veterans and members of the Armed Forces to
assist the Corps with curation and historic preservation
activities, and for other purposes (Rept. No. 111--367).
By Mr. ROCKEFELLER, from the Committee on Commerce,
Science, and Transportation, with an amendment in the nature
of a substitute:
S. 1078. A bill to authorize a comprehensive national
cooperative geospatial imagery mapping program through the
United States Geological Survey, to promote use of the
program for education, workforce training and development,
and applied research, and to support Federal, State, tribal,
and local government programs.
By Mr. DODD, from the Committee on Banking, Housing, and
Urban Affairs, with amendments:
S. 1481. A bill to amend section 811 of the Cranston-
Gonzalez National Affordable Housing Act to improve the
program under such section for supportive housing for persons
with disabilities.
By Mr. ROCKEFELLER, from the Committee on Commerce,
Science, and Transportation, with an amendment in the nature
of a substitute:
S. 3490. A bill to clarify the rights and responsibilities
of Federal entities in the spectrum relocation process, and
for other purposes.
S. 3614. A bill to authorize the establishment of a
Maritime Center of Expertise for Maritime Oil Spill and
Hazardous Substance Release Response, and for other purposes.

____________________

EXECUTIVE REPORTS OF COMMITTEES

The following executive reports of nominations were submitted:

By Mr. DODD for the Committee on Banking, Housing, and
Urban Affairs.
*Joseph A. Smith, Jr., of North Carolina, to be Director of
the Federal Housing Finance Agency for a term of five years.
By Mr. KERRY for the Committee on Foreign Relations.
*Larry Leon Palmer, of Georgia, a Career Member of the
Senior Foreign Service, Class of Minister-Counselor, to be
Ambassador Extraordinary and Plenipotentiary of the United
States of America to the Bolivarian Republic of Venezuela.
Nominee: Larry Leon Palmer.
Post: Venezuela.
(The following is a list of all members of my immediate
family and their spouses. I have asked each of these persons
to inform me of the pertinent contributions made by them. To
the best of my knowledge, the information contained in this
report is complete and accurate.)
Contributions, amount, date, and donee:
1. Self: Larry L. Palmer, none.
2. Spouse: Lucille Palmer, none.
3. Children and Spouses: Vincent Palmer, none.
4. Parents: Rev. R.V. Palmer, Sr., deceased; Mrs. Gladys
Palmer, deceased.
5. Grandparents: Augustus Young, deceased; Litha Young,
deceased.
6. Brothers and Spouses: R.V. Palmer, II, none; Theresa
Palmer, none; Charles Palmer, none; Mollie Palmer, none.
7. Sisters and Spouses: Miriam L. Golphin, none; Lewis
Golphin, deceased; Seygbo M. Palmer, none.
____

*Kevin Glenn Nealer, of Maryland, to be a Member of the
Board of Directors of the Overseas Private Investment
Corporation for a term expiring December 17, 2011.
*Carol Fulp, of Massachusetts, to be a Representative of
the United States of America to the Sixty-fifth Session of
the General Assembly of the United Nations.
*Jeanne Shaheen, of New Hampshire, to be a Representative
of the United States of America to the Sixty-fifth Session of
the General Assembly of the United Nations.
*Roger F. Wicker, of Mississippi, to be a Representative of
the United States of America to the Sixty-fifth Session of
the General Assembly of the United Nations.
*Gregory J. Nickels, of Washington, to be an Alternate
Representative of the United States of America to the Sixty-
fifth Session of the General Assembly of the United Nations.
*William R. Brownfield, of Texas, a Career Member of the
Senior Foreign Service, Class of Career Minister, to be an
Assistant Secretary of State (International Narcotics and Law
Enforcement Affairs).
*Paige Eve Alexander, of Georgia, to be an Assistant
Administrator of the United States Agency for International
Development.
*Mark Green, of Wisconsin, to be a Member of the Board of
Directors of the Millennium Challenge Corporation for a term
of three years.
*Thomas R. Nides, of the District of Columbia, to be Deputy
Secretary of State for Management and Resources.
*Alan J. Patricof, of New York, to be a Member of the Board
of Directors of the Millennium Challenge Corporation for a
term of two years.

Mr. KERRY. Mr. President, for the Committee on Foreign Relations I
report favorably the following nomination lists which were printed in
the Record on the dates indicated, and ask unanimous consent, to save
the expense of reprinting on the Executive Calendar that these
nominations lie at the Secretary's desk for the information of Senators

The PRESIDING OFFICER. Without objection, it is so ordered.

*Foreign Service nominations beginning with Connor Cherer
and ending with Bernadette Regina Zielinski, which
nominations were received by the Senate and appeared in the
Congressional Record on July 21, 2010.
*Foreign Service nominations beginning with Heather M.
Rogers and ending with Stephanie L. Woodard, which
nominations were received by the Senate and appeared in the
Congressional Record on September 23, 2010.
*Foreign Service nominations beginning with Joseph
Farinella and ending with Joseph C. Williams, which
nominations were received by the Senate and appeared in the
Congressional Record on September 23, 2010.
*Foreign Service nominations beginning with Patricia A.
Butenis and ending with Keith A. Swinehart, which nominations
were received by the Senate and appeared in the Congressional
Record on September 29, 2010.
*Foreign Service nominations beginning with Louis John
Fintor and ending with Thomas F. Gray, Jr., which nominations
were received by the Senate and appeared in the Congressional
Record on November 17, 2010.
*Foreign Service nominations beginning with Alan Hallman
and ending with Richard G. Simpson, which nominations were
received by the Senate and appeared in the Congressional
Record on November 17, 2010.
*Foreign Service nominations beginning with Lloyd S.
Harbert and ending with Daryl A. Brehm, which nominations
were received by the Senate and appeared in the Congressional
Record on November 17, 2010.
*Foreign Service nominations beginning with James Franklin
Jeffrey and ending with Earl A. Wayne, which nominations were
received by the Senate and appeared in the Congressional
Record on November 18, 2010.
By Mr. LEAHY for the Committee on the Judiciary.
Patti B. Saris, of Massachusetts, to be Chair of the United
States Sentencing Commission.

*Nomination was reported with recommendation that it be confirmed
subject to the nominee's commitment to respond to requests to appear
and testify before any duly constituted committee of the Senate.
(Nominations without an asterisk were reported with the
recommendation that they be confirmed.)

____________________

INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:

[[Page 19874]]

By Mr. CASEY:
S. 4025. A bill to require contractors to notify small
business concerns that have been included in offers relating
to contractors let by Federal agencies, and for other
purposes; to the Committee on Small Business and
Entrepreneurship.
By Mr. CASEY:
S. 4026. A bill to establish in the Department of Commerce
the Minority Business Development Program to provide
qualified minority businesses with technical assistance and
contracting opportunities, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.

____________________

SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:

By Mr. BROWN of Ohio:
S. Res. 701. A resolution congratulating the University of
Akron men's soccer team on winning the National Collegiate
Athletic Association Division I Men's Soccer Championship; to
the Committee on the Judiciary.

____________________

ADDITIONAL COSPONSORS

S. 599

At the request of Mr. Carper, the name of the Senator from
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 599, a bill to
amend chapter 81 of title 5, United States Code, to create a
presumption that a disability or death of a Federal employee in fire
protection activities caused by any certain diseases is the result of
the performance of such employee's duty.

S. 902

At the request of Mr. Kerry, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 902, a bill to
provide grants to establish veteran's treatment courts.

S. 941

At the request of Mr. Crapo, the name of the Senator from Nebraska
(Mr. Nelson) was added as a cosponsor of S. 941, a bill to reform the
Bureau of Alcohol, Tobacco, Firearms, and Explosives, modernize firearm
laws and regulations, protect the community from criminals, and for
other purposes.

S. 1039

At the request of Mr. Kerry, the name of the Senator from
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 1039, a bill to
provide grants for the renovation, modernization or construction of law
enforcement facilities.

S. 2919

At the request of Mr. Udall of Colorado, the name of the Senator from
Hawaii (Mr. Inouye) was added as a cosponsor of S. 2919, a bill to
amend the Federal Credit Union Act to advance the ability of credit
unions to promote small business growth and economic development
opportunities, and for other purposes.

S. 3694

At the request of Ms. Cantwell, the name of the Senator from Ohio
(Mr. Brown) was added as a cosponsor of S. 3694, a bill to prohibit the
conducting of invasive research on great apes, and for other purposes.

S. 3737

At the request of Mr. Enzi, the name of the Senator from North Dakota
(Mr. Conrad) was added as a cosponsor of S. 3737, a bill to amend the
Public Health Service Act and title XVIII of the Social Security Act to
make the provision of technical services for medical imaging
examinations and radiation therapy treatments safer, more accurate, and
less costly.

S. 3739

At the request of Mr. Casey, the name of the Senator from Rhode
Island (Mr. Whitehouse) was added as a cosponsor of S. 3739, a bill to
amend the Safe and Drug-Free Schools and Communities Act to include
bullying and harassment prevention programs.

S. 3756

At the request of Mr. Rockefeller, the name of the Senator from
Maryland (Mr. Cardin) was added as a cosponsor of S. 3756, a bill to
amend the Communications Act of 1934 to provide public safety providers
an additional 10 megahertz of spectrum to support a national,
interoperable wireless broadband network and authorize the Federal
Communications Commission to hold incentive auctions to provide funding
to support such a network, and for other purposes.

S. 3973

At the request of Mr. Voinovich, the names of the Senator from
Virginia (Mr. Webb) and the Senator from New Jersey (Mr. Menendez) were
added as cosponsors of S. 3973, a bill to amend the Energy Policy Act
of 2005 to reauthorize and modify provisions relating to the diesel
emissions reduction program.

S. 4023

At the request of Mr. Lieberman, the names of the Senator from
Indiana (Mr. Bayh), the Senator from Rhode Island (Mr. Reed) and the
Senator from Montana (Mr. Tester) were added as cosponsors of S. 4023,
a bill to provide for the repeal of the Department of Defense policy
concerning homosexuality in the Armed Forces known as ``Don't Ask,
Don't Tell''.

S. CON. RES. 63

At the request of Mr. Johnson, the name of the Senator from Idaho
(Mr. Crapo) was added as a cosponsor of S. Con. Res. 63, a concurrent
resolution expressing the sense of Congress that Taiwan should be
accorded observer status in the International Civil Aviation
Organization (ICAO).

AMENDMENT NO. 4759

At the request of Mr. Wicker, the names of the Senator from
Mississippi (Mr. Cochran), the Senator from Louisiana (Ms. Landrieu)
and the Senator from Florida (Mr. Nelson) were added as cosponsors of
amendment No. 4759 intended to be proposed to H. R. 4853, a bill to
amend the Internal Revenue Code of 1986 to extend the funding and
expenditure authority of the Airport and Airway Trust Fund, to amend
title 49, United States Code, to extend authorizations for the airport
improvement program, and for other purposes.

AMENDMENT NO. 4773

At the request of Ms. Stabenow, the name of the Senator from Indiana
(Mr. Bayh) was added as a cosponsor of amendment No. 4773 intended to
be proposed to H.R. 4853, a bill to amend the Internal Revenue Code of
1986 to extend the funding and expenditure authority of the Airport and
Airway Trust Fund, to amend title 49, United States Code, to extend
authorizations for the airport improvement program, and for other
purposes.

AMENDMENT NO. 4774

At the request of Ms. Stabenow, the name of the Senator from Oregon
(Mr. Merkley) was added as a cosponsor of amendment No. 4774 intended
to be proposed to H.R. 4853, a bill to amend the Internal Revenue Code
of 1986 to extend the funding and expenditure authority of the Airport
and Airway Trust Fund, to amend title 49, United States Code, to extend
authorizations for the airport improvement program, and for other
purposes.

AMENDMENT NO. 4781

At the request of Mrs. Murray, the name of the Senator from Oregon
(Mr. Merkley) was added as a cosponsor of amendment No. 4781 intended
to be proposed to H.R. 4853, a bill to amend the Internal Revenue Code
of 1986 to extend the funding and expenditure authority of the Airport
and Airway Trust Fund, to amend title 49, United States Code, to extend
authorizations for the airport improvement program, and for other
purposes.

AMENDMENT NO. 4786

At the request of Mr. Wyden, the name of the Senator from California
(Mrs. Feinstein) was added as a cosponsor of amendment No. 4786
intended to be proposed to H.R. 4853, a bill to amend the Internal
Revenue Code of 1986 to extend the funding and expenditure authority of
the Airport and Airway Trust Fund, to amend title 49, United States
Code, to extend authorizations for the airport improvement program, and
for other purposes.

AMENDMENT NO. 4788

At the request of Mr. Nelson of Florida, the names of the Senator
from Oregon (Mr. Merkley), the Senator from Maine (Ms. Collins) and the
Senator from Michigan (Ms. Stabenow) were added as cosponsors of
amendment No. 4788 intended to be proposed to H. R. 4853, a bill to
amend the Internal Revenue Code of 1986 to extend the funding and
expenditure authority of the Airport and Airway Trust Fund, to amend

[[Page 19875]]

title 49, United States Code, to extend authorizations for the airport
improvement program, and for other purposes.

AMENDMENT NO. 4790

At the request of Mrs. Feinstein, the name of the Senator from
Virginia (Mr. Webb) was added as a cosponsor of amendment No. 4790
intended to be proposed to H.R. 4853, a bill to amend the Internal
Revenue Code of 1986 to extend the funding and expenditure authority of
the Airport and Airway Trust Fund, to amend title 49, United States
Code, to extend authorizations for the airport improvement program, and
for other purposes.

AMENDMENT NO. 4791

At the request of Mrs. Feinstein, the name of the Senator from
Virginia (Mr. Webb) was added as a cosponsor of amendment No. 4791
intended to be proposed to H.R. 4853, a bill to amend the Internal
Revenue Code of 1986 to extend the funding and expenditure authority of
the Airport and Airway Trust Fund, to amend title 49, United States
Code, to extend authorizations for the airport improvement program, and
for other purposes.

AMENDMENT NO. 4792

At the request of Mrs. Feinstein, the name of the Senator from
Virginia (Mr. Webb) was added as a cosponsor of amendment No. 4792
intended to be proposed to H.R. 4853, a bill to amend the Internal
Revenue Code of 1986 to extend the funding and expenditure authority of
the Airport and Airway Trust Fund, to amend title 49, United States
Code, to extend authorizations for the airport improvement program, and
for other purposes.

____________________

SUBMITTED RESOLUTIONS

______

SENATE RESOLUTION 701--CONGRATULATING THE UNIVERSITY OF AKRON MEN'S
SOCCER TEAM ON WINNING THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
DIVISION I MEN'S SOCCER CHAMPIONSHIP

Mr. BROWN of Ohio submitted the following resolution; which was
referred to the Committee on the Judiciary:

S. Res. 701

Whereas on December 12, 2010, the University of Akron men's
soccer team, known as the Zips, won the National Collegiate
Athletic Association College Cup in Santa Barbara, California
and became the first team to win a national title in the
history of the University of Akron;
Whereas, with the victory over the previously undefeated
and top-ranked University of Louisville Cardinals, the 2010
University of Akron men's soccer team finished its historic
championship season with a record of 22 wins, 1 loss, and 2
draws;
Whereas the 2010 University of Akron men's soccer team has
become a symbol of pride and success to the University of
Akron and the communities in Northeast Ohio surrounding the
University of Akron;
Whereas the athletic program of the University of Akron
encourages student-athletes to compete on the field, complete
degrees in the classroom, and become contributing members of
society;
Whereas, each year, University of Akron student-athletes
and coaches participate in community service activities;
Whereas the head coach of the University of Akron men's
soccer team, Caleb Porter, has won 1 national title and taken
the men's soccer team to the national championship game in
2009 and 2010;
Whereas associate head coach Jared Embick, assistant coach
Oliver Slawson, and volunteer assistant coach Liam Curran
played an important role in coaching the University of Akron
men's soccer team;
Whereas midfielder Scott Caldwell was named the most
outstanding offensive player of the College Cup;
Whereas defender Kofi Sarkodie was named the most
outstanding defensive player of the College Cup;
Whereas forward and midfielder Darlington Nagbe is a
finalist for the Hermann Trophy, which is awarded to the best
men's collegiate soccer player in the United States;
Whereas 44 members of the University of Akron men's soccer
team have been named All-Americans, including 2 members from
the 2010 season, defender Kofi Sarkodie and forward and
midfielder Darlington Nagbe;
Whereas 12 members of the University of Akron men's soccer
team have been named Academic All-Americans, including 4
members from the 2010 season--defender Kofi Sarkodie,
defender Chad Barson, goalkeeper David Meves, and midfielder
Anthony Ampaipitakwong;
Whereas the 2010 University of Akron men's soccer team was
comprised of--
(1) 3 seniors--midfielder Anthony Ampaipitakwong, defender
Chris Korb, and defender Enrique Paez;
(2) 5 juniors--midfielder Michael Balogun, midfielder and
defender Matt Dagilis, forward and midfielder Darlington
Nagbe, midfielder Michael Nanchoff, and defender Kofi
Sarkodie;
(3) 7 sophomores--defender Chad Barson, midfielder Scott
Caldwell, goalkeeper David Meves, goalkeeper Anthony
Ponikvar, forward Thomas Schmitt, midfielder Ben Speas, and
defender Zarek Valentin; and
(4) 9 freshmen--midfielder Reinaldo Brenes, forward Richard
Diaz, Jr., forward Gabriel Genovesi, midfielder Perry
Kitchen, forward Darren Mattocks, goalkeeper Andrian McAdams,
midfielder Martin Ontiveros, midfielder Eric Stevenson, and
forward McKauly Tulloch;
Whereas 11 members of the 2010 University of Akron men's
soccer team hail from the State of Ohio; and
Whereas the University of Akron men's soccer team should be
praised for its historic season of both athletic and academic
accomplishments: Now, therefore, be it
Resolved, That the Senate--
(1) congratulates the University of Akron men's soccer team
on winning the National Collegiate Athletic Association
Division I Men's Soccer Championship;
(2) recognizes the athletic program of the University of
Akron for encouraging student-athletes to achieve in both
sports and academics; and
(3) requests the Secretary of the Senate to transmit an
enrolled copy of this resolution for appropriate display to--
(A) the University of Akron;
(B) Dr. Luis M. Proenza, the President of the University of
Akron; and
(C) Caleb Porter, the head coach of the University of Akron
men's soccer team.

____________________

AMENDMENTS SUBMITTED AND PROPOSED

SA 4804. Mr. DeMINT submitted an amendment intended to be
proposed to amendment SA 4753 proposed by Mr. Reid (for
himself and Mr. McConnell) to the bill H.R. 4853, to amend
the Internal Revenue Code of 1986 to extend the funding and
expenditure authority of the Airport and Airway Trust Fund,
to amend title 49, United States Code, to extend
authorizations for the airport improvement program, and for
other purposes; which was ordered to lie on the table.
SA 4805. Mr. INOUYE submitted an amendment intended to be
proposed to the House amendment to the Senate amendment to
H.R. 3082, making appropriations for military construction,
the Department of Veterans Affairs, and related agencies for
the fiscal year ending September 30, 2010, and for other
purposes; which was ordered to lie on the table.
SA 4806. Mr. ENSIGN submitted an amendment intended to be
proposed to amendment SA 4753 proposed by Mr. Reid (for
himself and Mr. McConnell) to the bill H.R. 4853, supra;
which was ordered to lie on the table.
SA 4807. Mr. McCAIN submitted an amendment intended to be
proposed by him to the bill H.R. 3082, making appropriations
for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending
September 30, 2010, and for other purposes; which was ordered
to lie on the table.
SA 4808. Mr. CORKER (for himself, Mrs. McCaskill, Mr.
Alexander, Mr. Burr, Mr. Chambliss, Mr. Cornyn, Mr. Isakson,
Mr. LeMieux, and Mr. McCain) submitted an amendment intended
to be proposed to amendment SA 4753 proposed by Mr. Reid (for
himself and Mr. McConnell) to the bill H.R. 4853, to amend
the Internal Revenue Code of 1986 to extend the funding and
expenditure authority of the Airport and Airway Trust Fund,
to amend title 49, United States Code, to extend
authorizations for the airport improvement program, and for
other purposes; which was ordered to lie on the table.
SA 4809. Mr. SANDERS submitted an amendment intended to be
proposed to amendment SA 4753 proposed by Mr. Reid (for
himself and Mr. McConnell) to the bill H.R. 4853, supra;
which was ordered to lie on the table.

____________________

TEXT OF AMENDMENTS

Strike all after the first word and insert the following:

1. SHORT TITLE.

This Act may be cited as the ``Tax Relief Certainty Act''.

[[Page 19876]]

TITLE I--PERMANENT TAX RELIEF

SEC. 101. REPEAL OF EGTRRA SUNSET.

(a) In General.--Section 901 of the Economic Growth and Tax
Relief Reconciliation Act of 2001 is repealed.
(b) Sunset Maintained for Expansion of Adoption Benefits
Under the Patient Protection and Affordable Care Act.--
Subsection (c) of section 10909 of the Patient Protection and
Affordable Care Act is amended to read as follows:
``(c) Sunset Provision.--All provisions of, and amendments
made by, this section shall not apply to taxable years
beginning after December 31, 2011, and the Internal Revenue
Code of 1986 shall be applied and administered to such years
as if such provisions and amendments had never been
enacted.''.

SEC. 102. REPEAL OF JGTRRA SUNSET.

Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 is repealed.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.

The Secretary of the Treasury or the Secretary's delegate
shall not later than 90 days after the date of the enactment
of this Act, submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a draft of any technical and conforming changes in the
Internal Revenue Code of 1986 which are necessary to reflect
throughout such Code the purposes of the provisions of, and
amendments made by, this Act.

TITLE II--PERMANENT INDIVIDUAL AMT RELIEF

SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF.

(a) Modification of Alternative Minimum Tax Exemption
Amount.--
(1) In general.--Paragraph (1) of section 55(d) of the
Internal Revenue Code of 1986 (relating to exemption amount)
is amended to read as follows:
``(1) Exemption amount for taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the term `exemption amount' means--
``(A) the dollar amount for taxable years beginning in the
calendar year as specified in the table contained in
paragraph (4)(A) in the case of--
``(i) a joint return, or
``(ii) a surviving spouse,
``(B) the dollar amount for taxable years beginning in the
calendar year as specified in the table contained in
paragraph (4)(B) in the case of an individual who--
``(i) is not a married individual, and
``(ii) is not a surviving spouse,
``(C) 50 percent of the dollar amount applicable under
paragraph (1)(A) in the case of a married individual who
files a separate return, and
``(D) $22,500 in the case of an estate or trust.

For purposes of this paragraph, the term `surviving spouse'
has the meaning given to such term by section 2(a), and
marital status shall be determined under section 7703.''.
(2) Specified exemption amounts.--Section 55(d) of such
Code is amended by adding at the end the following new
paragraph:
``(4) Specified exemption amounts.--
``(A) Taxpayers described in paragraph (1)(A).--For
purposes of paragraph (1))(A)--

------------------------------------------------------------------------
The exemption
``For taxable years beginning in-- amount is:
------------------------------------------------------------------------
2010................................................. $72,450
2011................................................. $74,450
2012................................................. $78,250
2013................................................. $81,450
2014................................................. $85,050
2015................................................. $88,650
2016................................................. $92,650
2017................................................. $96,550
2018................................................. $100,950
2019................................................. $105,150
2020................................................. $109,950.
------------------------------------------------------------------------

``(B) Taxpayers described in paragraph (1)(B).--For
purposes of paragraph (1))(B)--

------------------------------------------------------------------------
The exemption
``For taxable years beginning in-- amount is:
------------------------------------------------------------------------
2010................................................. $47,450
2011................................................. $48,450
2012................................................. $50,350
2013................................................. $51,950
2014................................................. $53,750
2015................................................. $55,550
2016................................................. $57,550
2017................................................. $59,500
2018................................................. $61,700
2019................................................. $63,800
2020................................................. $66,200.''.
------------------------------------------------------------------------

(b) Alternative Minimum Tax Relief for Nonrefundable
Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate
amount of credits allowed by this subpart for the taxable
year shall not exceed the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under
section 27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Adoption credit.--
(i) Section 23(b) of such Code, as in effect on December
31, 2009, is amended by striking paragraph (4).
(ii) Section 23(c) of such Code, as in effect on December
31, 2009, is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code, as in effect on December
31, 2009 amended by redesignating paragraph (3) as paragraph
(2).
(B) Child tax credit.--
(i) Section 24(b) of such Code is amended by striking
paragraph (3).
(ii) Section 24(d)(1) of such Code is amended--

(I) by striking ``section 26(a)(2) or subsection (b)(3), as
the case may be,'' each place it appears in subparagraphs (A)
and (B) and inserting ``section 26(a)'', and
(II) by striking ``section 26(a)(2) or subsection (b)(3),
as the case may be'' in the second last sentence and
inserting ``section 26(a)''.

(C) Credit for interest on certain home mortgages.--Section
25(e)(1)(C) of such Code is amended to read as follows:
``(C) Applicable tax limit.--For purposes of this
paragraph, the term `applicable tax limit' means the
limitation imposed by section 26(a) for the taxable year
reduced by the sum of the credits allowable under this
subpart (other than this section and sections 23, 25D, and
1400C).''.
(D) Savers' credit.--Section 25B of such Code is amended by
striking subsection (g).
(E) Residential energy efficient property.--Section 25D(c)
of such Code is amended to read as follows:
``(c) Carryforward of Unused Credit.--If the credit
allowable under subsection (a) exceeds the limitation imposed
by section 26(a) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this
section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(F) Certain plug-in electric vehicles.--Section 30(c)(2) of
such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.''.
(G) Alternative motor vehicle credit.--Section 30B(g)(2) of
such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.''.
(H) New qualified plug-in electric vehicle credit.--Section
30D(c)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.''.
(I) Cross references.--Section 55(c)(3) of such Code is
amended by striking ``26(a), 30C(d)(2),'' and inserting
``30C(d)(2)''.
(J) Foreign tax credit.--Section 904 of such Code is
amended by striking subsection (i) and by redesignating
subsections (j), (k), and (l) as subsections (i), (j), and
(k), respectively.
(K) First-time home buyer credit for the district of
columbia.--Section 1400C(d) of such Code is amended to read
as follows:
``(d) Carryforward of Unused Credit.--If the credit
allowable under subsection (a) exceeds the limitation imposed
by section 26(a) for such taxable year reduced by the sum of
the credits allowable under subpart A of part IV of
subchapter A (other than this section and section 25D), such
excess shall be carried to the succeeding taxable year and
added to the credit allowable under subsection (a) for such
taxable year.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.
______

SA 4805. Mr. INOUYE submitted an amendment intended to be proposed to
the House amendment to the Senate amendment to H.R. 3082, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2010, and for other purposes; which was ordered to lie on the table, as
follows:.

[[Page 19877]]

In lieu of the matter proposed to be inserted, insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Consolidated Appropriations
Act, 2011''.

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Emergency designation.
Sec. 6. Statement of appropriations.
Sec. 7. Federal civilian pay freeze.
Sec. 8. Transfer authority.
Sec. 9. Rescission of certain Federal expenses.
Sec. 10. Limitation on award of certain specific projects.
Sec. 11. Iran sanctions.
Sec. 12. Detainee transfer restrictions.

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Food and Drug Administration and Farm Credit Administration
Title VII--General provisions

DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related agencies
Title V--General provisions

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations

DIVISION D--ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011

Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions

DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2011

Title I--Department of the Treasury
Title II--Executive Office of the President and funds appropriated to
the President
Title III--The judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia

DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2011

Title I--Departmental management and aperations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions

DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions
Title V--Sacramento-San Joaquin Delta National Heritage Area
Title VI--National Women's History Museum Act of 2009
Title VII--Montana forests

DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions

DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011

Title I--Legislative branch
Title II--General provisions

DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions

DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2011

Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions

DIVISION L--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2011

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related agencies
Title IV--General provisions--This Act
Title V--Extension of current surface transportation programs
Title VI--Extension of aviation programs

DIVISION M--FOOD SAFETY

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.

SEC. 4. EXPLANATORY STATEMENT.

The explanatory statement regarding this legislation,
printed in the Senate section of the Congressional Record on
or about December 14, 2010 by the Chairman of the Committee
on Appropriations of the Senate, shall have the same effect
with respect to the allocation of funds and implementation of
this Act as if it were a joint explanatory statement of a
committee of conference.

SEC. 5. EMERGENCY DESIGNATION.

Any designation in any division of this Act referring to
this section is a designation of an amount 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.

SEC. 6. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2011.

SEC. 7. FEDERAL CIVILIAN PAY FREEZE.

(a) For the purposes of this section--
(1) the term ``employee''--
(A) means an employee as defined in section 2105 of title
5, United States Code; and
(B) includes an individual to whom subsection (b), (c), or
(f) of such section 2105 pertains (whether or not such
individual satisfies subparagraph (A));
(2) the term ``senior executive'' means--
(A) a member of the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States Code;
(B) a member of the FBI-DEA Senior Executive Service under
subchapter III of chapter 31 of title 5, United States Code;
(C) a member of the Senior Foreign Service under chapter 4
of title I of the Foreign Service Act of 1980 (22 U.S.C. 3961
and following); and
(D) a member of any similar senior executive service in an
Executive agency;
(3) the term ``senior-level employee'' means an employee
who holds a position in an Executive agency and who is
covered by section 5376 of title 5, United States Code, or
any similar authority; and
(4) the term ``Executive agency'' has the meaning given
such term by section 105 of title 5, United States Code.
(b)(1) Notwithstanding any other provision of law, except
as provided in subsection (e), no statutory pay adjustment
which (but for this subsection) would otherwise take effect
during the period beginning on January 1, 2011, and ending on
December 31, 2012, shall be made.
(2) For purposes of this subsection, the term ``statutory
pay adjustment'' means--
(A) an adjustment required under section 5303, 5304, 5304a,
5318, or 5343(a) of title 5, United States Code; and
(B) any similar adjustment, required by statute, with
respect to employees in an Executive agency.
(c) Notwithstanding any other provision of law, except as
provided in subsection (e), during the period beginning on
January 1, 2011, and ending on December 31, 2012, no senior
executive or senior-level employee may receive an increase in
his or her rate of basic pay absent a change of position that
results in a substantial increase in responsibility, or a
promotion.
(d) The President may issue guidance that Executive
agencies shall apply in the implementation of this section.
(e) The Non-Foreign Area Retirement Equity Assurance Act of
2009 (5 U.S.C. 5304 note) shall be applied using the
appropriate locality-based comparability payments established
by the President as the applicable comparability payments in
section 1914(2) and (3) of such Act.

SEC. 8. TRANSFER AUTHORITY.

(a) Up to $1,350,000,000 of amounts made available by this
Act or prior year appropriations Acts, shall be available for
transfer by the head of the agency to the extent necessary to
avoid furloughs or reductions in force, or to provide funding
necessary for

[[Page 19878]]

programs and activities required by law: Provided, That such
transfers may not result in the termination of programs,
projects or activities: Provided further, That such transfers
shall be subject to the approval of the House and Senate
Appropriations Committees.
(b) The authorities provided by subsection (a) of this
section shall be in addition to any other transfer authority
provided elsewhere in this statute.

SEC. 9. RESCISSION OF CERTAIN FEDERAL EXPENSES.

(a)(1) Of the discretionary funds made available to the
agencies of the Federal Government in this Consolidated
Appropriations Act, $1,350,000,000 are hereby rescinded.
(2) Rescissions required by this subsection shall be taken
on a pro rata basis from funds available to every Federal
agency, department, and office in the executive branch for
object class groups 20 (Contractual Services and Supplies)
and 30 (Acquisition of Assets), as used in OMB Circular A-11.
(b)(1) Of the discretionary funds made available to the
agencies of the Federal Government in this Consolidated
Appropriations Act, $2,000,000,000 are hereby rescinded.
(2) Rescissions required by this subsection shall be based
on costs to the executive branch for the budgeted allowance
for the January 2011 civilian pay raise amount described in
section 32.1 of OMB Circular No. A-11 (Revised--November
2009) and requested at 1.4 percent in the 2011 President's
budget submission.
(c) OMB shall administer the rescissions made pursuant to
this section.
(d) Not later than 30 days after the date of the enactment
of this Act, the Director of the Office of Management and
Budget shall submit to the Committees on Appropriations a
listing of the amounts by account of the rescissions made
pursuant to the provisions of subsections (a) and (b),
including an explanation of the methodology used to identify
the offices, accounts, and amounts rescinded.

SEC. 10. LIMITATION ON AWARD OF CERTAIN SPECIFIC PROJECTS.

Specific projects contained in the explanatory statement
accompanying this Act that are considered congressional
earmarks for purposes of clause 9 of rule XXI of the Rules of
the House of Representatives, and are attributed to members
of the House of Representatives in the Disclosure of Earmarks
and Congressionally Directed Spending Items, shall not be
awarded if the entity listed is a for-profit entity.

SEC. 11. IRAN SANCTIONS.

None of the funds appropriated or otherwise made available
by this Act may be obligated by any covered executive agency
in contravention of the certification requirement of section
6(b) of the Iran Sanctions Act of 1996, as included in the
revisions to the Federal Acquisition Regulation pursuant to
such section.

SEC. 12. DETAINEE TRANSFER RESTRICTIONS.

(a) None of the funds made available in this or any prior
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.
(b) The prohibition under subsection (a) shall terminate on
the earlier of the date of the enactment of an Act
authorizing appropriations for fiscal year 2011 for the
Department of Defense that includes a provision regarding the
release or transfer of detainees held at the United States
Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense, or September 30, 2011.

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

TITLE I

AGRICULTURAL PROGRAMS

Production, Processing and Marketing

Office of the Secretary

For necessary expenses of the Office of the Secretary of
Agriculture, $5,338,000: Provided, That not to exceed $11,000
of this amount shall be available for official reception and
representation expenses, not otherwise provided for, as
determined by the Secretary.

Office of Tribal Relations

For necessary expenses of the Office of Tribal Relations,
$1,010,000, to support communication and consultation
activities with Federally Recognized Tribes, as well as other
requirements established by law.

healthy food financing initiative

For necessary expenses of the Secretary to carry out
demonstration projects to increase access to healthy foods
through retail outlets, $35,000,000, to remain available
until September 30, 2012, which the Secretary may use for the
cost of grants (including for technical assistance), loans,
and loan guarantees; and may use, not to exceed $1,000,000,
for the Federal administrative costs of carrying out and
evaluating such demonstration projects: Provided, That the
Secretary, to carry out such demonstration projects, may use
one or more consolidated solicitation and application
processes: Provided further, That any funds provided for
under this heading for such demonstration projects shall be
in addition to any other funds that the Secretary may use for
carrying out such projects.

Executive Operations

office of the chief economist

For necessary expenses of the Office of the Chief
Economist, $13,100,000.

national appeals division

For necessary expenses of the National Appeals Division,
$15,417,000.

office of budget and program analysis

For necessary expenses of the Office of Budget and Program
Analysis, $9,547,000.

office of homeland security

For necessary expenses of the Office of Homeland Security,
$1,876,000.

Office of Advocacy and Outreach

For necessary expenses of the Office of Advocacy and
Outreach, $6,209,000: Provided, That $4,000,000 shall be for
grants authorized by section 14204 of the Food, Conservation,
and Energy Act of 2008.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief
Information Officer, $61,719,000.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial
Officer, $6,632,000: Provided, That no funds made available
by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to
the Committees on Appropriations of both Houses of Congress
and the Committee on Oversight and Government Reform of the
House of Representatives a report on the Department's
contracting out policies, including agency budgets for
contracting out.

Office of the Assistant Secretary for Civil Rights

For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $907,000.

Office of Civil Rights

For necessary expenses of the Office of Civil Rights,
$24,133,000.

Office of the Assistant Secretary for Administration

For necessary expenses of the Office of the Assistant
Secretary for Administration, $814,000.

Agriculture Buildings and Facilities and Rental Payments

(including transfers of funds)

For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
486, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $261,608,000, to
remain available until expended, of which $178,470,000 shall
be available for payments to the General Services
Administration for rent; of which $13,800,000 for payment to
the Department of Homeland Security for building security
activities; and of which $69,338,000 for buildings operations
and maintenance expenses: Provided, That the Secretary is
authorized to transfer funds from a Departmental agency to
this account to recover the full cost of the space and
security expenses of that agency that are funded by this
account when the actual costs exceed the agency estimate
which will be available for the activities and payments
described herein.

Hazardous Materials Management

(including transfers of funds)

For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $5,139,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.

Departmental Administration

(including transfers of funds)

For Departmental Administration, $29,706,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558.

[[Page 19879]]

Office of the Assistant Secretary for Congressional Relations

(including transfers of funds)

For necessary expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the
programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $4,008,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available by this
appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided
further, That no other funds appropriated to the Department
by this Act shall be available to the Department for support
of activities of congressional relations.

Office of Communications

For necessary expenses of the Office of Communications,
$9,839,000.

Office of Inspector General

For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $94,300,000, including such sums as may be necessary
for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.

Office of the General Counsel

For necessary expenses of the Office of the General
Counsel, $44,104,000.

Office of the Under Secretary for Research, Education and Economics

For necessary expenses of the Office of the Under Secretary
for Research, Education and Economics, $904,000.

Economic Research Service

For necessary expenses of the Economic Research Service,
$83,671,000.

National Agricultural Statistics Service

For necessary expenses of the National Agricultural
Statistics Service, $161,371,000, of which up to $33,494,000
shall be available until expended for the Census of
Agriculture.

Agricultural Research Service

salaries and expenses

For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,199,986,000: Provided, That appropriations hereunder shall
be available for the operation and maintenance of aircraft
and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one
building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and
except for 10 buildings to be constructed or improved at a
cost not to exceed $750,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$375,000, whichever is greater: Provided further, That the
limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That the
foregoing limitations shall not apply to the purchase of land
from the Maine Farmland Trust, Unity, Maine, for the purpose
of establishing an organic agricultural research program:
Provided further, That appropriations hereunder shall be
available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of
buildings needed to carry out the Act of April 24, 1948 (21
U.S.C. 113a): Provided further, That funds may be received
from any State, other political subdivision, organization, or
individual for the purpose of establishing or operating any
research facility or research project of the Agricultural
Research Service, as authorized by law.

buildings and facilities

For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural
research programs of the Department of Agriculture, where not
otherwise provided, $67,966,000, to remain available until
expended.

National Institute of Food and Agriculture

research and education activities

For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $806,495,000, as follows: to carry out
the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$215,000,000; for grants for cooperative forestry research
(16 U.S.C. 582a through a-7), $29,000,000; for payments to
eligible institutions (7 U.S.C. 3222), $49,750,000, provided
that each institution receives no less than $1,000,000; for
special grants (7 U.S.C. 450i(c)), $75,517,000; for
competitive grants on improved pest control (7 U.S.C.
450i(c)), $16,185,000; for competitive grants (7 U.S.C.
450(i)(b)), $288,730,000, to remain available until expended;
for the support of animal health and disease programs (7
U.S.C. 3195), $2,950,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $835,000; for grants for
research pursuant to the Critical Agricultural Materials Act
(7 U.S.C. 178 et seq.), $1,083,000, to remain available until
expended; for the 1994 research grants program for 1994
institutions pursuant to section 536 of Public Law 103-382 (7
U.S.C. 301 note), $1,805,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333),
$983,000; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $3,859,000, to remain available until
expended (7 U.S.C. 2209b); for a program pursuant to section
1415A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151a), $5,000,000, to
remain available until expended; for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $5,654,000; for a
higher education multicultural scholars program (7 U.S.C.
3152(b)(5)), $1,241,000, to remain available until expended
(7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $9,619,000;
for competitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3156 to individual eligible
institutions or consortia of eligible institutions in Alaska
and in Hawaii, with funds awarded equally to each of the
States of Alaska and Hawaii, $3,200,000; for a secondary
agriculture education program and 2-year post-secondary
education (7 U.S.C. 3152(j)), $983,000; for aquaculture
grants (7 U.S.C. 3322), $3,928,000; for sustainable
agriculture research and education (7 U.S.C. 5811),
$15,000,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222, $19,375,000, to remain
available until expended (7 U.S.C. 2209b); for payments to
the 1994 Institutions pursuant to section 534(a)(1) of Public
Law 103-382, $3,342,000; for resident instruction grants for
insular areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3363), $900,000; for distance education grants for
insular areas under section 1490 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3362), $750,000; for grants to upgrade agriculture and
food sciences facilities and equipment for insular areas
under section 1447B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b-
2), $750,000; for foreign agricultural scholarship grants
under section 1458(a)(11) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3291(a)), as amended, $500,000; for a new era rural
technology program pursuant to section 1473E of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3319e), $875,000; for a competitive grants
program for farm business management and benchmarking (7
U.S.C. 5925f), $1,250,000; for a competitive grants program
regarding biobased energy (7 U.S.C. 8114), $2,250,000; and
for necessary expenses of Research and Education Activities,
$46,181,000, of which $2,704,000 for the Research, Education,
and Economics Information System and $2,136,000 for the
Electronic Grants Information System, are to remain available
until expended.

hispanic-serving agricultural colleges and universities endowment fund

For the Hispanic-Serving Agricultural Colleges and
Universities Endowment Fund under section 1456 (7 U.S.C.
3243) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, $10,000,000, to remain available
until expended.

native american institutions endowment fund

For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.

extension activities

For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $499,376,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents, $297,500,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$5,321,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$68,070,000; payments for the pest management program under
section 3(d) of the Act,

[[Page 19880]]

$9,938,000; payments for the farm safety program under
section 3(d) of the Act, $4,863,000; payments for New
Technologies for Ag Extension under section 3(d) of the Act,
$1,750,000; payments to upgrade research, extension, and
teaching facilities at institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222, and payments to upgrade
facilities under 7 U.S.C. 3222b-1, $22,000,000, to remain
available until expended; payments for youth-at-risk programs
under section 3(d) of the Smith-Lever Act, $8,412,000; for
youth farm safety education and certification extension
grants, to be awarded competitively under section 3(d) of the
Act, $486,000; payments for carrying out the provisions of
the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671
et seq.), $4,068,000; payments for the federally recognized
Tribes Extension Program under section 3(d) of the Smith-
Lever Act, $3,750,000; payments for sustainable agriculture
programs under section 3(d) of the Act, $5,000,000; payments
for rural health and safety education as authorized by
section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)),
$1,738,000; payments for cooperative extension work by
eligible institutions (7 U.S.C. 3221), $44,700,000, provided
that each institution receives no less than $1,000,000;
payments to carry out the food animal residue avoidance
database program as authorized by 7 U.S.C. 7642, $1,000,000;
payments to carry out section 1672(e)(49) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925), as amended, $400,000; and for necessary expenses of
Extension Activities, $20,380,000.

integrated activities

For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$60,173,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$35,299,000, including $12,649,000 for the water quality
program, $14,596,000 for the food safety program, $3,054,000
for the methyl bromide transition program, and $5,000,000 for
the organic transition program; for a competitive
international science and education grants program authorized
under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b),
to remain available until expended, $3,000,000; for grants
programs authorized under section 2(c)(1)(B) of Public Law
89-106, as amended, $732,000, to remain available until
September 30, 2012, for the critical issues program;
$1,312,000 for the regional rural development centers
program; for grants authorized under section 1624 (7 U.S.C.
5813), $10,000,000; and $9,830,000 for the Food and
Agriculture Defense Initiative authorized under section 1484
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, to remain available until
September 30, 2012.

Office of the Under Secretary for Marketing and Regulatory Programs

For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $904,000.

Animal and Plant Health Inspection Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $903,794,000,
of which $1,585,000 shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for
control of pest animals and birds (``contingency fund'') to
the extent necessary to meet emergency conditions; of which
$22,254,000 shall be used for the cotton pests program for
cost share purposes or for debt retirement for active
eradication zones; of which $900,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $45,219,000 shall be used
to prevent and control avian influenza and shall remain
available until expended: Provided, That funds provided for
the contingency fund to meet emergency conditions, $4,474,000
for information technology infrastructure, $63,568,000 for
the fruit fly program, $169,163,000 for emerging plant pests,
cotton pests program, $5,637,000 for the grasshopper and
mormon cricket program, $2,129,000 for the plum pox program,
$3,771,000 for the National Veterinary Stockpile, $1,500,000
in the scrapie program for indemnities, $1,000,000 for
wildlife services methods development, $1,500,000 of the
wildlife services operations program, and $5,060,750 of the
screwworm program shall remain available until expended:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed
four, of which two shall be for replacement only: Provided
further, That, in addition, in emergencies which threaten any
segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations
or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be
available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection
Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2011, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be credited to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.

buildings and facilities

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $4,536,000, to remain available until expended.

Agricultural Marketing Service

marketing services

For necessary expenses of the Agricultural Marketing
Service, $96,645,000: Provided, That this appropriation shall
be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).

limitation on administrative expenses

Not to exceed $60,947,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.

funds for strengthening markets, income, and supply (section 32)

(including transfers of funds)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,283,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.

payments to states and possessions

For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $2,484,000.

Grain Inspection, Packers and Stockyards Administration

salaries and expenses

For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,742,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.

Limitation on Inspection and Weighing Services Expenses

Not to exceed $50,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.

Office of the Under Secretary for Food Safety

For necessary expenses of the Office of the Under Secretary
for Food Safety, $821,000.

Food Safety and Inspection Service

For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection

[[Page 19881]]

Act, and the Egg Products Inspection Act, including not to
exceed $50,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $1,047,200,000; and in addition, $1,000,000 may
be credited to this account from fees collected for the cost
of laboratory accreditation as authorized by section 1327 of
the Food, Agriculture, Conservation and Trade Act of 1990 (7
U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system and
implementation of section 11016 of Public Law 110-246 shall
remain available until expended: Provided further, That no
fewer than 140 full-time equivalent positions shall be
employed during fiscal year 2011 for purposes dedicated
solely to inspections and enforcement related to the Humane
Methods of Slaughter Act: Provided further, That of the
amount available under this heading, $3,000,000 shall be
obligated to maintain the Humane Animal Tracking System as
part of the Public Health Data Communication Infrastructure
System: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.

Office of the Under Secretary for Farm and Foreign Agricultural
Services

For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $904,000.

Farm Service Agency

salaries and expenses

(including transfers of funds)

For necessary expenses of the Farm Service Agency,
$1,325,650,000: Provided, That the Secretary is authorized to
use the services, facilities, and authorities (but not the
funds) of the Commodity Credit Corporation to make program
payments for all programs administered by the Agency:
Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made
available to county committees shall remain available until
expended.

state mediation grants

For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,185,000.

grassroots source water protection program

For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $5,500,000, to
remain available until expended.

dairy indemnity program

(including transfer of funds)

For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided, That
such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).

agricultural credit insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), boll weevil loans (7
U.S.C. 1989), direct and guaranteed conservation loans (7
U.S.C. 1924 et seq.), and Indian highly fractionated land
loans (25 U.S.C. 488), to be available from funds in the
Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,975,000,000, of which $1,500,000,000
shall be for unsubsidized guaranteed loans and $475,000,000
shall be for direct loans; operating loans, $2,544,035,000,
of which $1,500,000,000 shall be for unsubsidized guaranteed
loans, $144,035,000 shall be for subsidized guaranteed loans
and $900,000,000 shall be for direct loans; Indian tribe land
acquisition loans, $10,000,000; conservation loans,
$150,000,000, of which $75,000,000 shall be for guaranteed
loans and $75,000,000 shall be for direct loans; Indian
highly fractionated land loans, $10,000,000; and for boll
weevil eradication program loans, $100,000,000: Provided,
That the Secretary shall deem the pink bollworm to be a boll
weevil for the purpose of boll weevil eradication program
loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $38,570,000, of which $5,700,000 shall be for
unsubsidized guaranteed loans, and $32,870,000 shall be for
direct loans; operating loans, $109,410,000, of which
$34,950,000 shall be for unsubsidized guaranteed loans,
$19,920,000 shall be for subsidized guaranteed loans, and
$54,540,000 shall be for direct loans; conservation loans,
$2,528,000, of which $285,000 shall be for guaranteed loans,
and $2,243,000 shall be for direct loans; and Indian highly
fractionated land loans, $214,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $321,093,000, of
which $313,173,000 shall be paid to the appropriation for
``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Fund Program Account for farm ownership, operating
and conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.

Risk Management Agency

For necessary expenses of the Risk Management Agency,
$83,064,000: Provided, That the funds made available under
section 522(e) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)) may be used for the Common Information Management
System: Provided further, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.

Commodity Credit Corporation Fund

reimbursement for net realized losses

(including transfers of funds)

For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the
Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.

hazardous waste management

(limitation on expenses)

For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).

TITLE II

CONSERVATION PROGRAMS

Office of the Under Secretary for Natural Resources and Environment

For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $904,000.

Natural Resources Conservation Service

conservation operations

For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $922,433,000, to remain available
until September 30, 2012: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.

watershed and flood prevention operations

For necessary expenses to carry out preventive measures,
including but not limited to research, engineering
operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works and changes in

[[Page 19882]]

use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
and in accordance with the provisions of laws relating to the
activities of the Department, $18,485,000, to remain
available until expended.

watershed rehabilitation program

For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012), and in accordance with the provisions of laws relating
to the activities of the Department, $20,497,000, to remain
available until expended.

resource conservation and development

For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and
32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011;
76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f);
and subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That not
to exceed $3,073,000 shall be available for national
headquarters activities.

TITLE III

RURAL DEVELOPMENT PROGRAMS

Office of the Under Secretary for Rural Development

For necessary expenses of the Office of the Under Secretary
for Rural Development, $904,000.

Rural Development Salaries and Expenses

(including transfers of funds)

For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $226,551,000:
Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for
advertising and promotional activities that support the Rural
Development mission area: Provided further, That not more
than $10,000 may be expended to provide modest nonmonetary
awards to non-USDA employees: Provided further, That any
balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.

Rural Housing Service

rural housing insurance fund program account

For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $25,840,256,000 for loans to
section 502 borrowers, of which $1,840,256,000 shall be for
direct loans, and of which $24,000,000,000 shall be for
unsubsidized guaranteed loans; $34,004,000 for section 504
housing repair loans; $69,512,000 for section 515 rental
housing; $129,133,000 for section 538 guaranteed multi-family
housing loans; $5,052,000 for section 524 site loans;
$11,449,000 for credit sales of acquired property, of which
up to $1,449,000 may be for multi-family credit sales; and
$4,966,000 for section 523 self-help housing land development
loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $115,200,000 shall be for direct loans; section 504
housing repair loans, $6,437,000; repair, rehabilitation,
and new construction of section 515 rental housing,
$23,446,000; section 538 multi-family housing guaranteed
loans, $12,513,000; section 524 site development loans,
$294,000; credit sales of acquired property, $556,000; and
section 523 self-help land development housing loans,
$288,000: Provided, That of the total amount appropriated in
this paragraph, the amount equal to the amount of Rural
Housing Insurance Fund Program Account funds allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2010, shall be available through June 30, 2011,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones: Provided further,
That section 538 multi-family housing guaranteed loans funded
pursuant to this paragraph shall not be subject to a
guarantee fee and the interest on such loans may not be
subsidized.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $458,313,000
shall be paid to the appropriation for ``Rural Development,
Salaries and Expenses''.

rental assistance program

For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $965,635,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That of
this amount, up to $5,958,000 shall be available for debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Act, and not to exceed $50,000
per project for advances to nonprofit organizations or public
agencies to cover direct costs (other than purchase price)
incurred in purchasing projects pursuant to section
502(c)(5)(C) of the Act: Provided further, That of this
amount not less than $3,000,000 is available for newly
constructed units financed by section 515 of the Housing Act
of 1949, and not less than $3,000,000 is for newly
constructed units financed under sections 514 and 516 of the
Housing Act of 1949: Provided further, That rental assistance
agreements entered into or renewed during the current fiscal
year shall be funded for a one-year period: Provided further,
That any unexpended balances remaining at the end of such
one-year agreements may be transferred and used for the
purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2011 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act.

multi-family housing revitalization program account

For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, for the cost to conduct a
housing demonstration program to provide revolving loans for
the preservation of low-income multi-family housing projects,
and for additional costs to conduct a demonstration program
for the preservation and revitalization of multi-family
rental housing properties described in this paragraph,
$40,791,000, to remain available until expended: Provided,
That of the funds made available under this heading,
$14,000,000, shall be available for rural housing vouchers to
any low-income household (including those not receiving
rental assistance) residing in a property originally financed
with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of such
voucher shall be the difference between comparable market
rent for the section 515 unit and the tenant paid rent for
such unit: Provided further, That the vouchers be renewable
subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum
extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section
8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided
further, That if the Secretary determines that the amount
made available for vouchers in this or any other Act is not
needed for vouchers, the Secretary may use such funds for the
demonstration programs for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $1,791,000 shall be
available for the cost of loans to private nonprofit
organizations, or such nonprofit organizations' affiliate
loan funds and State and local housing finance agencies, to
carry out a housing demonstration program to provide
revolving loans for the preservation of low-income multi-
family housing projects: Provided further, That loans under
such demonstration program shall have an interest rate of not
more than 1 percent direct loan to the recipient: Provided
further, That the Secretary may defer the interest and
principal payment to the Rural Housing Service for up to 3
years and the term of such loans shall not exceed 30 years:
Provided further, That of the funds made available under this
heading, $25,000,000 shall be available for a demonstration
program for the preservation and revitalization of the
sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments
and incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the
restructuring: Provided further, That if the Secretary
determines that

[[Page 19883]]

additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided
further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring
program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such
legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative
expenses for activities funded under this heading.

mutual and self-help housing grants

For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $41,864,000, to
remain available until expended: Provided, That of the total
amount appropriated under this heading, the amount equal to
the amount of Mutual and Self-Help Housing Grants allocated
by the Secretary for Rural Economic Area Partnership Zones
for the fiscal year 2010, shall be available through June 30,
2011, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.

rural housing assistance grants

For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation
for construction defects, and rural housing preservation made
by the Rural Housing Service, as authorized by 42 U.S.C.
1474, 1479(c), 1490e, and 1490m, $40,400,000, to remain
available until expended: Provided, That of the total amount
appropriated under this heading, the amount equal to the
amount of Rural Housing Assistance Grants allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2010, shall be available through June 30, 2011,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones.

farm labor program account

For the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $20,346,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.

rural community facilities program account

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants
for rural community facilities programs as authorized by
section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $52,678,000, to
remain available until expended: Provided, That $6,256,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the
capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $10,000,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $3,972,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That of the amount appropriated under this heading,
the amount equal to the amount of Rural Community Facilities
Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2010,
shall be available through June 30, 2011, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural community programs
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act: Provided further, That sections 381E-
H and 381N of the Consolidated Farm and Rural Development Act
are not applicable to the funds made available under this
heading: Provided further, That any prior balances in the
Rural Development, Rural Community Advancement Program
account for programs authorized by section 306 and described
in section 381E(d)(1) of such Act be transferred and merged
with this account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.

Rural Business-Cooperative Service

rural business program account

(including transfers of funds)

For the cost of loan guarantees and grants, for the rural
business development programs authorized by sections 306 and
310B and described in sections 310B(f) and 381E(d)(3) of the
Consolidated Farm and Rural Development Act, $86,689,000, to
remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall
be made available for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development and
$2,979,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.) for any Rural Community
Advancement Program purpose as described in section 381E(d)
of the Consolidated Farm and Rural Development Act, of which
not more than 5 percent may be used for administrative
expenses: Provided further, That $4,000,000 of the amount
appropriated under this heading shall be for business grants
to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated under this
heading, the amount equal to the amount of Rural Business
Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2010,
shall be available through June 30, 2011, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural business and cooperative
development programs described in section 381E(d)(3) of the
Consolidated Farm and Rural Development Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to funds
made available under this heading: Provided further, That
any prior balances in the Rural Development, Rural Community
Advancement Program account for programs authorized by
sections 306 and 310B and described in sections 310B(f) and
381E(d)(3) of such Act be transferred and merged with this
account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.

rural development loan fund program account

For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$33,533,000.
For the cost of direct loans, $12,937,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which
$1,582,000 shall be available through June 30, 2011, for
Federally Recognized Native American Tribes and of which
$3,164,000 shall be available through June 30, 2011, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the total amount appropriated
under this heading, the amount equal to the amount of Rural
Development Loan Fund Program Account funds allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2010, shall be available through June 30, 2011,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $5,087,000 shall be paid to the
appropriation for ``Rural Development, Salaries and
Expenses''.

rural economic development loans program account

(including rescission of funds)

For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $184,000,000 shall not be
obligated and $184,000,000 are rescinded.

rural cooperative development grants

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $35,554,000, of which
$2,800,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,463,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $20,367,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note).

[[Page 19884]]

Rural Utilities Service

rural water and waste disposal program account

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $582,851,000, to remain
available until expended, of which not to exceed $497,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided, That
$3,432,000 of the amounts appropriated under this heading
shall be for loans authorized under 16 U.S.C. 1006a, for
projects whose features include agricultural water supply
benefits, groundwater protection, environmental enhancement
and flood control, except for the limitations contained in
the last sentence of such authority and such loans shall be
made by the Rural Utilities Service: Provided further, That
$70,000,000 of the amount appropriated under this heading
shall be for loans and grants including water and waste
disposal systems grants authorized by 306C(a)(2)(B) and 306D
of the Consolidated Farm and Rural Development Act, Federally
recognized Native American Tribes authorized by 306C(a)(1),
and the Department of Hawaiian Home Lands (of the State of
Hawaii): Provided further, That funding provided for section
306D of the Consolidated Farm and Rural Development Act may
be provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $19,500,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $6,000,000 shall be made available for
a grant to a qualified non-profit multi-state regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided
further, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems:
Provided further, That of the amount appropriated under this
heading, the amount equal to the amount of Rural Water and
Waste Disposal Program Account funds allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2010, shall be available through June 30, 2011,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones for the rural utilities
programs described in section 381E(d)(2) of the Consolidated
Farm and Rural Development Act: Provided further, That
$17,500,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 918a): Provided further, That any prior
year balances for high cost energy grants authorized by
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Costs Grants Account:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading:
Provided further, That any prior balances in the Rural
Development, Rural Community Advancement Program account
programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of such Act be transferred to and merged with
this account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.

rural electrification and telecommunications loans program account

The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be
made as follows: 5 percent rural electrification loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $6,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $500,000,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made
pursuant to section 306 of that Act, rural telecommunications
loans, $295,000,000.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $700,000 for
guaranteed underwriting loans authorized by section 313A of
the Rural Electrification Act of 1936 (7 U.S.C. 940c-1).
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $38,709,000,
which shall be paid to the appropriation for ``Rural
Development, Salaries and Expenses''.

distance learning, telemedicine, and broadband program

For the principal amount of broadband telecommunication
loans, $400,000,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$37,755,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That $4,500,000 shall be made available to
those noncommercial educational television broadcast stations
that serve rural areas and are qualified for Community
Service Grants by the Corporation for Public Broadcasting
under section 396(k) of the Communications Act of 1934,
including associated translators and repeaters, regardless of
the location of their main transmitter, studio-to-transmitter
links, and equipment to allow local control over digital
content and programming through the use of high-definition
broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $22,320,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $17,976,000, 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.

TITLE IV

DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

For necessary expenses of the Office of the Under Secretary
for Food, Nutrition and Consumer Services, $821,000.

Food and Nutrition Service

child nutrition programs

For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $17,319,981,000, to
remain available through September 30, 2012, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$7,500,000 shall be available to be awarded as competitive
grants to implement section 4405 of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-246), and may be
awarded notwithstanding the limitations imposed by sections
4405(b)(1)(A) and 4405(c)(1)(A): Provided further, That
section 14222(b)(1) of the Food, Conservation, and Energy Act
of 2008 is amended by adding at the end before the period,
``except section 21, and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), except sections 17 and 21''.

special supplemental nutrition program for women, infants, and children
(wic)

For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,852,522,000, to remain available through September 30,
2012: Provided, That notwithstanding section 17(g)(5) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(5)), up to
$15,000,000 of funds provided in this Act may be used for the
purpose of evaluating program performance in the Special
Supplemental Nutrition Program for Women, Infants and
Children: Provided further, That of the amounts made
available under this heading, up to $14,000,000 shall be used
for infrastructure, up to $35,000,000 shall be used for
management information systems, and up to $80,000,000 shall
be used for breastfeeding peer counselors and other related
activities: Provided further, That none of the funds provided
in this account shall be available for the purchase of infant
formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully
reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act

[[Page 19885]]

supplemental nutrition assistance program

For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $70,907,818,000, of
which $5,000,000,000, to remain available through September
30, 2012, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That this
appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided
further, That funds made available for Employment and
Training under this heading shall remain available until
expended, notwithstanding section 16(h)(1) of the Food and
Nutrition Act of 2008: Provided further, That funds made
available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity
provided that such activities are authorized by the Food and
Nutrition Act of 2008.

commodity assistance program

For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$262,619,000, to remain available through September 30, 2012,
of which $6,000,000 shall be for emergency food program
infrastructure grants authorized by section 209 of the
Emergency Food Assistance Act of 1983: Provided, That of the
amount provided, $5,000,000 is to begin service in six
additional States that have plans approved by the Department
for the commodity supplemental food program: Provided
further, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2011 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2012: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.

nutrition programs administration

For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $162,587,000: Provided, That $3,000,000
shall be for section 4404 of Public Law 107-171, as amended
by section 4401 of Public Law 110-246.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

Foreign Agricultural Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $219,280,000:
Provided, That the Service may utilize advances of funds, or
reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United
States Agency for International Development: Provided
further, That of the amount appropriated under this heading
$14,600,000 is for stabilization and reconstruction
activities to be carried out under the authority provided by
title XIV of the Food and Agriculture Act of 1977 (7 U.S.C.
3101 et seq.) and other applicable laws: Provided further,
That of the amount appropriated under this heading,
$5,000,000 is for the Secretary to provide technical
assistance under available authorities for the establishment
and growth of sustainable food production and marketing
systems in developing countries: Provided further, That
funds made available for middle-income country training
programs and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting
fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service,
shall remain available until expended: Provided further, That
of the total amount appropriated under this heading,
$4,500,000 shall be available for activities under the
Technical Assistance for Specialty Crops Program pursuant to
section 3205 of the Farm Security and Rural Investment Act of
2002 (Public Law 107-171), as amended.

food for peace title i direct credit and food for progress program
account

(including transfers of funds)

For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $2,846,000, which shall be
paid to the appropriation for ``Farm Service Agency, Salaries
and Expenses'': Provided, That funds made available for the
cost of agreements under title I of the Agricultural Trade
Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the
two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.

food for peace title ii grants

For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480, as amended), for commodities supplied in connection
with dispositions abroad under title II of said Act,
$1,690,000,000, to remain available until expended.

commodity credit corporation export loans program account

(including transfers of funds)

For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $6,884,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,525,000 shall be paid to the
appropriation for ``Foreign Agricultural Service, Salaries
and Expenses'', and of which $359,000 shall be paid to the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.

mcgovern-dole international food for education and child nutrition
program grants

For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $219,500,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That up to $1,000,000 is made
available for the purposes of section 3107 of Public Law 107-
171, as amended by Public Law 111-203, and shall be available
for activities under section (b)(1) and (b)(2) of the Act.

TITLE VI

FOOD AND DRUG ADMINISTRATION AND FARM CREDIT ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

salaries and expenses

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $3,745,044,000: Provided,
That of the amount provided under this heading, $667,057,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h shall be credited to this account and
remain available until expended, and shall not include any
fees pursuant to 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 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 21
U.S.C. 379j, 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 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 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: (1) $869,387,000 shall be for the

[[Page 19886]]

Center for Food Safety and Applied Nutrition and related
field activities in the Office of Regulatory Affairs; (2)
$982,811,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $328,234,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$167,875,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $362,491,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $60,975,000 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 $141,724,000 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
$185,983,000 shall be for payments to the General Services
Administration for rent; and (10) $224,101,000 shall be for
other activities, including the Office of the Commissioner;
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 this amount 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.

buildings and facilities

For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $10,000,000, to remain available until
expended.

INDEPENDENT AGENCY

Farm Credit Administration

limitation on administrative expenses

Not to exceed $59,400,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.

TITLE VII

GENERAL PROVISIONS

(including rescissions and transfers of funds)

Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 204 passenger
motor vehicles, of which 170 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary
balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital
equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture: Provided, That none of the funds made available
by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 711 of this Act: Provided further, That of annual
income amounts in the Working Capital Fund of the Department
of Agriculture allocated for the National Finance Center, the
Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement and implementation of a
financial management plan, information technology, and other
systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the limitation on the
obligation of funds pending notification to Congressional
Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a
declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate
employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703. 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. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. Of the funds made available by this Act, not
more than $1,800,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 707. None of the funds appropriated by this Act may
be used to carry out section 410 of the Federal Meat
Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry
Products Inspection Act (21 U.S.C. 471).
Sec. 708. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 30 days unless the individual's
employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the
employee for the period of assignment.
Sec. 709. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and
Drug Administration shall be used to transmit or otherwise
make available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 710. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects over $25,000 prior to receipt of written approval by
the Chief Information Officer.
Sec. 711. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming or transfer of funds, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;

[[Page 19887]]

(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;

unless the Secretary of Agriculture and the Secretary of
Health and Human Services, notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds
or the use of such authority.
(c) The Secretary of Agriculture and the Secretary of
Health and Human Services, shall notify in writing the
Committees on Appropriations of both Houses of Congress
before implementing a program or activity not carried out
during the previous fiscal year unless the program or
activity is funded by this Act or specifically funded by any
other Act.
Sec. 712. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2012
appropriations Act.
Sec. 713. None of the funds made available by this or any
other Act may be used to close or relocate a Rural
Development office unless or until the Secretary of
Agriculture determines the cost effectiveness and/or
enhancement of program delivery: Provided, That not later
than 120 days before the date of the proposed closure or
relocation, the Secretary notifies in writing the Committees
on Appropriation of the House and Senate, and the members of
Congress from the State in which the office is located of the
proposed closure or relocation and provides a report that
describes the justifications for such closures and
relocations.
Sec. 714. None of the funds made available in fiscal year
2010 or preceding fiscal years for programs authorized under
the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of
$20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under
section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust
Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall
only be used pursuant to section 302(b)(2)(B)(i) of the Bill
Emerson Humanitarian Trust Act.
Sec. 715. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 716. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 and section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b))
in the current fiscal year shall remain available until
expended to disburse obligations made in the current fiscal
year.
Sec. 717. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 718. There is hereby appropriated $5,000,000, to
remain available until expended, for a grant to the National
Center for Natural Products Research for construction or
renovation to carry out the research objectives of the
natural products research grant issued by the Food and Drug
Administration.
Sec. 719. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out in fiscal
year 2011 the following:
(1) An Environmental Quality Incentives Program as
authorized by sections 1240-1240 H of the Food Security of
1985, as amended (16 U.S.C. 3839aa-3839aa(8)), in excess of
$1,311,548,000.
(2) A program authorized by section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
(3) A program under subsection (b)(2)(A)(iii) of section
14222 of Public Law 110-246 in excess of $1,052,000,000:
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 $37,000,000, including the
transfer of funds under subsection (c) of section 14222 of
Public Law 110-246, until October 1, 2011: Provided further,
That $113,000,000 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.
(4) A Wetlands Reserve Program as authorized by sections
1237-1237F of the Food Security Act of 1985, as amended (16
U.S.C. 3837), to enroll in excess of 247,500 acres.
Sec. 720. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification
Act, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 721. None of the funds made available to the
Department of Agriculture in this Act may be used to
implement the risk-based inspection program in the 30
prototype locations announced on February 22, 2007, by the
Under Secretary for Food Safety, or at any other locations,
until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the
Committees on Appropriations of the House of Representatives
and the Senate on the data used in support of the development
and design of the risk-based inspection program and FSIS has
addressed and resolved issues identified by OIG.
Sec. 722. Notwithstanding any other provision of law, the
Secretary of Agriculture--
(1) shall consider--
(A) the town of Alden, NY, the town of Fallsburg, NY, and
the town of Moreau, NY, to be rural areas for the purposes of
eligibility for Rural Utilities Service water and waste
disposal loans and grants;
(B) the town of Brattleboro, VT, (including individuals and
entities with projects within the town) eligible for loans
and grants funded through the Rural Utilities Service water
and waste disposal program;
(C) the cities of Greenwood, SC, and Paragould, AR,
(including individuals and entities with projects within the
cities) eligible for loans and grants funded through the
Rural Community Facilities Program Account;
(D) the area of South Apopka, FL, and the unincorporated
community of Oceano, CA (including individuals and entities
with projects within the community), eligible for loans and
grants funded under the housing programs of the Rural Housing
Service;
(E) the city of Wilkes-Barre, PA, the city of Pittston, PA,
the city of Nanticoke, PA, the township of Pittston, PA, and
the township of Hanover, PA (including individuals and
entities with projects within the city) eligible for loans
and grants funded through the Rural Business Program Account;
and
(F) the area of Dededo, Guam, and the area of Yigo, Guam
(including individuals and entities with projects within the
city), eligible for loans and grants funded through the Rural
Development mission area; and
(2) may fund Rural Community Facility Program projects of
the Rural Housing Service and Water and Waste Disposal
Program projects of the Rural Utilities Service for
communities and municipal districts and areas in New York
that filed applications for such projects with the
appropriate Rural Development field office of the Department
of Agriculture prior to January 1, 2010, and that such
projects were determined by the field office to be eligible
for funding.
Sec. 723. There is hereby appropriated $2,600,000, to
remain available until expended, for the construction and
interim operations for establishment of an agricultural pest
facility in the State of Hawaii.
Sec. 724. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide
financial and technical assistance through the Watershed and
Flood Prevention Operations program to carry out--

[[Page 19888]]

(1) the Alameda Creek Watershed Project in Alameda County,
California;
(2) the Pidcock-Mill Creeks Watershed project in Bucks
County, Pennsylvania;
(3) the Gin Bayou Bank Stabilization in Mississippi;
(4) the North Drainage Projects in Mississippi;
(5) the Copper Mine Brook Watershed project in the State of
Connecticut;
(6) the East Locust Creek Watershed Plan Revision in
Missouri, including up to 100 percent of the engineering
assistance and 75 percent cost share for construction cost of
site RW1;
(7) the Little Otter Creek Watershed project in Missouri.
The sponsoring local organization may obtain land rights by
perpetual easements;
(8) the Lake County Watershed in the State of Illinois;
(9) the Dunloup Creek Watershed project in Fayette and
Raleigh Counties, West Virginia;
(10) the North Fork of Elkhorn Creek Watershed project in
the State of West Virginia;
(11) the Pocasset River Floodplain Management project in
the State of Rhode Island; and
(12) the Southeast Quadrant Drainage and Flood Prevention
project in the State of Alabama.
Sec. 725. Notwithstanding any other provision of law, for
the purposes of a grant under section 412 of the Agricultural
Research, Extension, and Education Reform Act of 1998, none
of the funds in this or any other Act may be used to prohibit
the provision of in-kind support from non-Federal sources
under section 412(e)(3) in the form of unrecovered indirect
costs not otherwise charged against the grant, consistent
with the indirect rate of cost approved for a recipient.
Sec. 726. Notwithstanding any other provision of law,
there is hereby appropriated:
(1) $3,000,000 of which $2,000,000 shall be for a grant to
the Wisconsin Department of Agriculture, Trade, and Consumer
Protection, and $1,000,000 shall be for a grant to the
Vermont Agency of Agriculture, Foods, and Markets, as
authorized by section 6402 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1621 note);
(2) $350,000 for a grant to the Wisconsin Department of
Agriculture, Trade and Consumer Protection; and
(3) $250,000 for the Tioga County, NY, Rural Economic Area
Partnership.
Sec. 727. The Secretary of Agriculture may authorize a
State agency to use funds provided in this Act to exceed the
maximum amount of liquid infant formula specified in 7 C.F.R.
246.10 when issuing liquid infant formula to participants.
Sec. 728. Of the unobligated balances provided pursuant to
section 16(h)(1)(A) of the Food and Nutrition Act of 2008,
$15,000,000 is hereby rescinded.
Sec. 729. (a) None of the funds made available by this Act
may be used to promulgate or implement a poultry products
inspection rule allowing processed poultry or processed
poultry products to be imported into the United States from
the People's Republic of China unless the Secretary of
Agriculture formally notifies Congress that the Department
will--
(1) not provide any preferential consideration to any
application by the People's Republic of China for
authorization to export poultry or poultry products to the
United States;
(2) conduct audits of inspection systems and on-site
reviews of slaughter and processing facilities, laboratories
and other control operations before any Chinese facilities
are certified as eligible to ship poultry or poultry products
to the United States and, in subsequent years, to conduct
such audits and reviews at least once annually or more
frequently as the Secretary determines necessary;
(3) implement a significantly increased level of port of
entry re-inspection;
(4) establish and conduct a formal and expeditious
information sharing program with other countries importing
processed poultry or processed poultry products from China
that have conducted audits and plant inspections;
(5) report to the House and Senate Committees on
Appropriations within 60 days of the date of enactment of
this Act, and every 90 days thereafter for an indefinite
period, with respect to the promulgation or implementation of
any poultry products inspection rule authorizing the People's
Republic of China to export poultry or poultry products to
the United States, including--
(A) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to implement any
poultry products inspection rule authorizing the People's
Republic of China to export processed poultry or processed
poultry products to the United States;
(B) actions taken or to be taken by the Secretary,
including new audits and on-site reviews, to determine
whether the poultry inspection system of the People's
Republic of China achieves a level of sanitary protection
equivalent to that achieved under United States standards;
(C) actions taken or to be taken by the Secretary to
determine whether the administration and enforcement of the
poultry and poultry products inspection system of the
People's Republic of China ensures that it achieves a level
of sanitary protection equivalent to that achieved under
United States standards;
(D) the level of port of entry re-inspections to be
conducted on processed poultry and processed poultry products
offered for importation into the United States from the
People's Republic of China; and
(E) a work plan incorporating any understandings or
agreements between FSIS and relevant authorities of the
People's Republic of China with respect to carrying out the
Secretary's assessment of the equivalency of the poultry
products inspection system of the People's Republic of China;
(6) make publicly available, no later than 30 days from the
date they are finalized, the reports of any new audits and
on-site reviews conducted by the Secretary, and, in addition,
when such audit or review is being conducted to determine
whether the People's Republic of China's poultry inspection
system achieves a level of sanitary protection equivalent to
that achieved under United States standards, to make the
final report of such audit or review publicly available no
later than 30 days prior to the publication of any notice of
proposed rulemaking for such determination; and
(7) make publicly available a list of facilities in the
People's Republic of China certified to export poultry or
poultry products to the United States and to notify the House
and Senate Committees on Appropriations if the number of
facilities certified by the People's Republic of China
exceeds ten.
(b) None of the funds made available by this Act may be
used to promulgate any proposed or final rule allowing the
importation into the United States of poultry slaughtered or
poultry products produced from poultry slaughtered in the
People's Republic of China unless such rule is promulgated in
accordance with the procedures for significant rules
specified in Executive Order 12866.
(c) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 730. None of the funds made available in this Act may
be used to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 731. There is hereby appropriated $2,600,000 to carry
out section 1621 of Public Law 110-246 and $3,000,000, to
remain available until expended, to carry out section 1613 of
Public Law 110-246.
Sec. 732. There is hereby appropriated $800,000 to the
Farm Service Agency to carry out a pilot program to
demonstrate the use of new technologies that increase the
rate of growth of re-forested hardwood trees on private non-
industrial forests lands, enrolling lands on the coast of the
Gulf of Mexico that were damaged by Hurricane Katrina in
2005.
Sec. 733. 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. 734. Hereafter, notwithstanding section 310B(g)(5) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 735. The Secretary may reserve, through April 1,
2011, up to 5 percent of the funding available for the
following items for projects in areas that are engaged in
strategic regional development planning as defined by the
Secretary: business and industry guaranteed loans; rural
development loan fund; rural business enterprise grants;
rural business opportunity grants; value-added producer
grants; broadband program; water and waste program; and rural
community facilities program.
Sec. 736. Appropriations to the Department of Agriculture
made available in fiscal years 2005, 2006, and 2007 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, 2007, and 2008.
Sec. 737. Of the unobligated balances in the Agricultural
Research Service, Buildings and

[[Page 19889]]

Facilities account, $2,226,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That no amounts may be rescinded
from amounts greater than $5,000,000 or that have received an
appropriation since 2007 unless construction of those
facilities has been completed.
Sec. 738. Of the unobligated balances in the Distance
Learning, Telemedicine and Broadband Program for the cost of
the broadband loans, $39,000,000 are rescinded: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 739. Of the unobligated balances available for
Cooperative State Research, Education, and Extension Service,
Buildings and Facilities, $3,531,000 are rescinded.
Sec. 740. For an additional amount for the ``Departmental
Administration'' account, $1,000,000, to increase the
Department's acquisition workforce capacity and capabilities:
Provided, That such funds may be transferred by the
Secretary to any other account in the Department to carry out
the purposes provided herein: Provided further, That such
transfer authority is in addition to any other transfer
authority provided in this Act: Provided further, That such
funds shall be available only to supplement and not to
supplant existing acquisition workforce activities: Provided
further, That such funds shall be available for training,
recruitment, and retention of additional members of the
acquisition workforce as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 401 et seq.):
Provided further, That such funds shall be available for
information technology in support of acquisition workforce
effectiveness or for management solutions to improve
acquisition management.
Sec. 741. Notwithstanding any other provision of law,
school food authorities which received a grant for equipment
assistance under the grant program carried out pursuant to
the heading ``Food and Nutrition Service Child Nutrition
Programs'' in title I of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) shall be
eligible to receive a grant under section 749 (j) of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Public Law
111-80).
Sec. 742. The Agricultural Research Service may convey all
rights and title of the United States, to a parcel of land
comprising .93 acres, more or less, located in SW1/4 Section
26 and NW1/4 Section 35, Township 12 North, Range 1 East,
Salt Lake Meridian in Cache County, Utah, originally conveyed
by the Board of Trustees of the Utah State University of
Agriculture and Applied Science, and described in instruments
recorded in Book 45, pages 493-495, of the public land
records of Cache County, Utah, including facilities, and
fixed equipment, to the Utah State University, Logan, Utah,
in their ``as is'' condition, once suitable headhouse and
greenhouse facilities have been provided and when the
facilities are vacated by the Agricultural Research Service.
Sec. 743. (a) When implementing the authority provided in
paragraphs (2) and (3) of section 740(c) of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010 (Public Law 111-80) that
requires the Commissioner of Food and Drugs to develop
updated guidance documents and review standards for the
development of safe and effective products to treat rare
diseases and neglected tropical diseases, the Commissioner
shall--
(1) maximize the use of accelerated approval where feasible
and appropriate;
(2) work with sponsors to facilitate expanded access to
investigational therapies;
(3) increase coordination and interaction with the World
Health Organization, European Medicines Agency, and other
international regulatory agencies;
(4) implement mechanisms for enhanced collaboration between
the Food and Drug Administration and National Regulatory
Authorities in developing countries;
(5) develop guidance on clinical development programs for
rare diseases;
(6) develop guidance on the use of surrogate endpoints that
are reasonably likely to predict clinical benefit of drugs
and biological products under the regulations under subpart H
of part 314 of title 21, Code of Federal Regulations and
subpart E of part 601 of title 21, Code of Federal
Regulations; and
(7) increase coordination among individual drug, biological
product, and device review divisions across Food and Drug
Administration centers to support the development of safe and
effective medical products for rare and neglected diseases.
(b) The Commissioner of Food and Drugs shall submit a
report to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives not later than 180 days after the report
required in section 740(c)(1) of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2010 (Public Law 111-80) is
submitted: Provided, That the report submitted in response to
this section shall describe in detail how the Food and Drug
Administration is implementing subsection (a).
Sec. 744. (a) Stakeholder Panel.--Not later than 90 days
after the date of the enactment of this section, the
Secretary of Agriculture shall contract with a person, firm
or organization that specializes in facilitating meetings to
establish the Stakeholder Panel referred to in paragraph (b).
Section 706 of this Act shall not apply to the Stakeholder
Panel referred to in paragraph (b).
(b) Formation.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this section, the person, firm or
organization that specializes in facilitating meetings
described in subsection (a) shall select the members,
convene, and preside over the Stakeholder Panel to analyze
public health needs related to food safety and develop a
concept for a modern food safety system designed to reduce
the risk of foodborne illness for products regulated by the
Food Safety and Inspection Service.
(2) Membership.--The Stakeholder Panel shall consist of 15
members and include a balanced representation from the
following sectors--
(A) membership-based consumer organizations;
(B) the public health profession;
(C) Federal and industry employees, including a
representative of employees of the Food Safety and Inspection
Service that are represented by a labor organization (as
defined in section (a)(4) of the Civil Service Reform Act (5
U.S.C. 7103)) and a representative of employees of the
industries regulated by the Food Safety and Inspection
Service that are represented by a labor organization (as
defined in section 2 of the National Labor Relations Act (29
U.S.C. 152));
(D) agriculture and livestock producers of varying sizes
whose products are regulated by the Food Safety and
Inspection Service, including one representative of small
agriculture or livestock producers; and
(E) food manufacturers and processors of varying sizes that
are regulated by the Food Safety and Inspection Service,
including at least one representative of small food
manufacturers or processors.
(3) Initial duties and report.--Not later than 180 days
after the date on which the stakeholder panel is initially
convened, the stakeholder panel shall develop and submit to
the Secretary of Agriculture the terms of reference and the
scope of the work to be addressed by the Institute of
Medicine and the National Research Council of the National
Academy of Sciences study described in subsection (c) based
on an analysis of public health needs related to food safety
and a conception of a modern food safety system.
(4) Policy recommendations and final report.--Not later
than one year after the date on which the Secretary of
Agriculture submits to the stakeholder panel the report
described in subsection (c)(3), the stakeholder panel shall
develop and submit to the congressional agriculture
committees policy recommendations, including identifying
statutory and regulatory changes necessary, on how to improve
the food safety system for products regulated by the Food
Safety and Inspection Service based on an analysis of public
health needs, a conception of a modern food safety system,
and considering the report described in subsection (c)(3).
(c) National Academy of Sciences Study.--
(1) In general.--The Secretary of Agriculture shall
contract with the Institute of Medicine and the National
Research Council of the National Academy of Sciences to
conduct an evidence-based study of the food safety system for
products regulated by the Food Safety and Inspection Service.
(2) Use of terms and scope.--The study described in
subparagraph (1) shall use the terms of reference and be
conducted within the scope developed by the stakeholder panel
under subsection (b)(4).
(3) Report.--Not later than one year after the date on
which the stakeholder panel submits the report required under
subsection (b)(3), the Institute of Medicine and the National
Research Council of the National Academy of Sciences shall
submit to the Secretary of Agriculture a report detailing the
results of the study conducted under this subsection. Upon
receipt of such report, the Secretary of Agriculture shall
submit such report to the stakeholder panel.
(d) Definitions.--In this section:
(1) Congressional agriculture committees.--The term
``congressional agriculture committees'' means--
(A) the Committee on Agriculture and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Agriculture, Nutrition, and Forestry
and the Committee on Appropriations of the Senate.
(2) Food safety and inspection service.--The term ``Food
Safety and Inspection Service'' means the Food Safety and
Inspection Service of the Department of Agriculture.
(3) Stakeholder panel.--The term ``stakeholder panel''
means the stakeholder panel established under subsection
(b)(2).

[[Page 19890]]

Sec. 745. 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. 746. Hereafter, under the Rural Electrification Act
of 1936 the Secretary of Agriculture shall conduct a pilot
program that provides loans or loan guarantees for the
construction of not more than three baseload electric
generation plants: Provided, That in issuing loans and loan
guarantees the Secretary shall not discriminate based on the
fuel input of such plants as long as the input is from fossil
fuels and the generation facility emits into the ambient air
CO2 at a rate, in lbs CO2/MWh, not
greater than the CO2 emitted from a natural gas
fired generation facility of a similar size that began
operation within the last 10 years, as determined by the
Secretary: Provided further, That the Secretary shall charge
an upfront fee equal to the subsidy cost of such loans as
calculated in accordance with section 502 of the Federal
Credit Reform Act of 1990: Provided further, That the fee
shall be paid from non-Federal sources: Provided further,
That the source of such payment received from borrowers is
not a loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That gross obligations
for the principal amount of loans authorized by this section
shall not exceed $1,500,000,000.
Sec. 747. 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, $1,866,000 are
rescinded; for the Office of the Secretary, as identified by
Treasury Appropriation Fund Symbol 12X0115, are rescinded;
for the Agricultural Credit Insurance Fund, as identified by
Treasury Appropriation Fund Symbol 12X1140, $3,000,000 are
rescinded; for the Resource Conservation and Development
program, as identified by Treasury Appropriation Fund Symbol
12X1010, $1,563,000 are rescinded; for the Emergency
Conservation Program, as identified by Treasury Appropriation
Fund Symbol 12X3316, $19,939,000 are rescinded; for Watershed
and Flood Prevention Operations, as identified by Treasury
Appropriation Fund Symbol 12X1072, $38,846,000 are rescinded;
for the Animal and Plant Health Inspection Service--Buildings
and Facilities account, as identified by Treasury
Appropriation Fund Symbol 12X1601, $3,000,000 are rescinded.
In addition, from prior year unobligated balances of Animal
and Plant Health Inspection Service--Salaries and Expenses
account, the following amounts are rescinded: 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; H1N1,
$5,000,000; and Contingency Funds, $1,000,000.
Sec. 748. The unobligated balances available for the
Agricultural Research Service--Salaries and Expenses account,
as identified by Treasury Appropriation Fund Symbol 12X1400,
as provided through Public Law 109-234 and Public Law 111-32,
$971,000 is hereby rescinded; the unobligated balances
provided pursuant to section 9005 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8105), $28,042,000 is
hereby rescinded; the unobligated balances provided pursuant
to section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103), $56,084,000 is hereby rescinded.
Sec. 749. None of the funds appropriated or made available
by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a biomass crop
assistance program as authorized by section 9011 of Public
Law 107-171 in fiscal year 2011.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2011''.

DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011

TITLE I

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the International
Trade Administration between two points abroad, without
regard to 49 U.S.C. 40118; employment of Americans and aliens
by contract for services; rental of space abroad for periods
not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $245,250 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle;
obtaining insurance on official motor vehicles; and rental of
tie lines, $514,204,000, to remain available until September
30, 2012, of which $9,439,000 is to be derived from fees to
be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided,
That not less than $7,000,000 shall be for the Office of
China Compliance, and not less than $4,400,000 shall be for
the China Countervailing Duty Group: Provided further, That
the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities: Provided further, That negotiations shall be
conducted within the World Trade Organization to recognize
the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210:
Provided further, That within the amounts appropriated,
$3,400,000 shall be used for the projects, and in the
amounts, as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).

Bureau of Industry and Security

operations and administration

For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $11,250 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $109,975,000, to remain available until expended, of
which $31,680,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.

Economic Development Administration

economic development assistance programs

For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $277,000,000, to remain
available until expended.

salaries and expenses

For necessary expenses of administering the economic
development assistance programs as provided for by law,
$40,181,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.

Minority Business Development Agency

minority business development

For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$32,316,000.

[[Page 19891]]

Economic and Statistical Analysis

salaries and expenses

For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $110,000,000, to remain available until September
30, 2012.

Bureau of the Census

salaries and expenses

For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $271,364,000.

periodic censuses and programs

For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$964,059,000, to remain available until September 30, 2012:
Provided, That from amounts provided herein, funds may be
used for promotion, outreach, and marketing activities.

National Telecommunications and Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $41,568,000, to remain available until September 30,
2012: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.

public telecommunications facilities, planning and construction

For the administration of grants, authorized by section 392
of the Communications Act of 1934, $20,000,000, to remain
available until expended as authorized by section 391 of the
Act: Provided, That not to exceed $2,000,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That, notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.

United States Patent and Trademark Office

salaries and expenses

(including transfer of funds)

For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office, $2,262,000,000, 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 collections, and the surcharge provided
herein, be less than $2,262,000,000, this amount shall be
reduced accordingly: Provided further, That any amount
received in excess of $2,262,000,000 in fiscal year 2011, in
an amount up to $200,000,000, shall remain available until
expended: Provided further, That from amounts provided
herein, not to exceed $750 shall be made available in fiscal
year 2011 for official reception and representation expenses:
Provided further, That in fiscal year 2011 from the amounts
made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay: (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) of basic pay, of employees subject to
subchapter III of chapter 83 of that title; and (2) the
present value of the otherwise unfunded accruing costs, as
determined by the Office of Personnel Management, of post-
retirement life insurance and post-retirement health benefits
coverage for all USPTO employees, shall be transferred to the
Civil Service Retirement and Disability Fund, the Employees
Life Insurance Fund, and the Employees Health Benefits Fund,
as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That sections
801, 802, and 803 of division B, Public Law 108-447 shall
remain in effect during fiscal year 2011: Provided further,
That the Director may, this year, reduce by regulation fees
payable for documents in patent and trademark matters, in
connection with the filing of documents filed electronically
in a form prescribed by the Director: Provided further, That
from the amounts provided herein, no less than $4,000,000
shall be available only for the USPTO contribution in a
cooperative or joint agreement or agreements with a non-
profit organization or organizations, successfully audited
within the previous year, and with previous experience in
such programs, to conduct policy studies, including studies
relating to activities of United Nations Specialized agencies
and other international organizations, as well as conferences
and other development programs, in support of fair
international protection of intellectual property rights:
Provided further, That there shall be a surcharge of 15
percent, rounded by standard arithmetic rules, on fees
charged or authorized by subsections (a), (b) and (d)(1) of
section 41 of title 35, United States Code, as administered
under Public Law 108-447 and this Act and on fees charged or
authorized by section 132(b) of title 35, United States Code:
Provided further, That the surcharge established under the
previous proviso shall be separate from, and in addition to,
any other surcharge that may be required pursuant to any
provision of title 35, United States Code: Provided further,
That the surcharge established in the previous two provisions
shall take effect on the date that is 10 days after the date
of enactment of this Act, and shall remain in effect during
fiscal year 2011: Provided further, That, the receipts
collected as a result of these surcharges shall be available,
within the amounts provided herein, to the USPTO without
fiscal year limitation, for all authorized activities and
operations of the Office: Provided further, That within the
amounts appropriated, $1,000,000 shall be transferred to the
Office of Inspector General for activities associated with
carrying out investigations and audits related to the USPTO.

National Institute of Standards and Technology

scientific and technical research and services

For necessary expenses of the National Institute of
Standards and Technology, $541,246,000, to remain available
until expended, of which not to exceed $9,000,000 may be
transferred to the ``Working Capital Fund'': Provided, That
not to exceed $7,500 shall be for official reception and
representation expenses: Provided further, That within the
amounts appropriated, $5,275,000 shall be used for the
projects, and in the amounts, as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).

industrial technology services

For necessary expenses of the Industrial Technology
Services of the National Institute of Standards and
Technology, $204,454,000, to remain available until expended:
Provided, That of the amounts appropriated, $124,700,000
shall be for the Hollings Manufacturing Extension
Partnership, $69,900,000 shall be for the Technology
Innovation Program, and $9,854,000 shall be for the Baldrige
Performance Excellence Program.

construction of research facilities

For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $132,000,000, to remain
available until expended, of which $20,000,000 is for a
competitive construction grant program for research science
buildings: Provided, That within the amounts appropriated,
$50,000,000 shall be used for the projects, and in the
amounts, as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That the Secretary of
Commerce shall include in the budget justification materials
that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Institute of
Standards and Technology construction project having a total
multi-year program cost of more than $5,000,000 and
simultaneously the budget justification materials shall
include an estimate of the budgetary requirements for each
such project for each of the five subsequent fiscal years.

National Oceanic and Atmospheric Administration

operations, research, and facilities

(including transfers of funds)

For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration (NOAA),
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,475,460,000, to remain available until
September 30, 2012, except for funds provided for cooperative
enforcement, which shall remain available until September 30,
2013: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $3,000,000

[[Page 19892]]

shall be derived by transfer from the fund entitled ``Coastal
Zone Management'' and in addition $68,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'' and $6,000,000 is derived from recoveries of
prior-year obligations: Provided further, That of the
$3,552,460,000 provided for in direct obligations under this
heading $3,475,460,000 is appropriated from the general fund,
and $71,000,000 is provided by transfer: Provided further,
That no more than $391,000,000 of these funds may be used for
administrative costs incurred by NOAA's corporate staff and
line office headquarters offices, and within this amount
$245,028,000 shall be available for the NOAA corporate
service administrative support costs: Provided further, That
this $391,000,000 limitation may be increased up to 5
percent, provided that the Administrator of NOAA shall notify
the Committees on Appropriations at least 15 days in advance
of the need with the reasons for any proposed increase:
Provided further, That payments of funds made available under
this heading to the Department of Commerce Working Capital
Fund including Department of Commerce General Counsel legal
services shall not exceed $41,944,000: Provided further, That
within the amounts appropriated, $97,565,000 shall be used
for the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds within the Fisheries
Enforcement Asset Forfeiture Fund shall be available for
obligation until the Administrator of NOAA completes a
comprehensive independent audit of the fund's assets and
related transactions, defines precisely what monies
constitute fund assets, states how the fund will comply with
all applicable laws, and receives approval from the
Committees on Appropriations for its spend plan: Provided
further, That the Administrator shall identify and account
for the Fisheries Enforcement Asset Forfeiture Fund as a
separate and distinct part of the agency's annual budget
submissions: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in
section 505 of this Act: Provided further, That in allocating
grants under sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, no coastal State shall
receive more than 5 percent or less than 1 percent of
increased funds appropriated over the previous fiscal year.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.

procurement, acquisition and construction

(including transfer of funds)

For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration (NOAA),
$2,002,219,000, to remain available until September 30, 2013,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That of the
$2,009,219,000 provided for in direct obligations under this
heading, $2,002,219,000 is appropriated from the general fund
and $7,000,000 is provided from recoveries of prior year
obligations: Provided further, That no more than $22,000,000
of these funds may be used for administrative costs incurred
by NOAA's corporate staff and line office headquarters
offices: Provided further, That this $22,000,000 limitation
may be increased up to 5 percent, provided that the
Administrator of NOAA shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of the need with the reasons for
any proposed increase: Provided further, That any deviation
from the amounts designated for specific activities in the
explanatory statement accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That except to
the extent expressly prohibited by any other law, the
Department of Defense may delegate procurement functions
related to the National Polar-orbiting Operational
Environmental Satellite System to officials of the Department
of Commerce pursuant to section 2311 of title 10, United
States Code: Provided further, That within the amounts
appropriated, $6,575,000 shall be used for the projects, and
in the amounts, as specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the Secretary
of Commerce shall include in budget justification materials
that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United
States Code) an estimate for each NOAA Procurement,
Acquisition or Construction project having a total of more
than $5,000,000 and simultaneously the budget justification
shall include an estimate of the budgetary requirements for
each such project for each of the five subsequent fiscal
years: Provided further, That within the amounts
appropriated, $1,000,000 shall be transferred to the Office
of Inspector General for activities associated with carrying
out investigations and audits related to NOAA satellite
programs.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of
Pacific salmon populations, $80,000,000, to remain available
until September 30, 2012: Provided, That of the funds
provided herein the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, Nevada, California,
and Alaska, and Federally-recognized tribes of the Columbia
River and Pacific Coast (including Alaska) for projects
necessary for conservation of salmon and steelhead
populations that are listed as threatened or endangered, or
identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal
treaty fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of
Commerce: Provided further, That all funds shall be
allocated based on scientific and other merit principles and
shall not be available for marketing activities: Provided
further, That funds disbursed to States shall be subject to a
matching requirement of funds or documented in-kind
contributions of at least 33 percent of the Federal funds.

fishermen's contingency fund

For carrying out the provisions of title IV of Public Law
95-372, not to exceed $250,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.

coastal zone management fund

(including transfer of funds)

Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ``Operations,
Research, and Facilities'' account to offset the costs of
implementing such Act.

fisheries finance program account

Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2011, obligations of direct loans
may not exceed $16,000,000 for Individual Fishing Quota loans
and not to exceed $59,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936: Provided, That
none of the funds made available under this heading may be
used for direct loans for any new fishing vessel that will
increase the harvesting capacity in any United States
fishery.

Departmental Management

salaries and expenses

For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official reception and representation,
$64,595,000: Provided, That the Secretary, within 60 days of
enactment of this Act, shall provide a report to the
Committees on Appropriations that audits and evaluates all
decision documents and expenditures by the Bureau of the
Census as they relate to the 2010 and 2020 decennials:
Provided further, That of the amounts provided to the
Secretary within this account, $5,000,000 shall not become
available for obligation until the Secretary certifies to the
Committees on Appropriations that the Bureau of the Census
has followed and met all standards and best practices, and
all Office of Management and Budget guidelines related to
information technology projects and contract management.

renovation and modernization

For expenses necessary, including blast windows, for the
renovation and modernization of Department of Commerce
facilities, $5,000,000, to remain available until expended.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.) (as amended), $29,394,000.

General Provisions--Department of Commerce

Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current

[[Page 19893]]

fiscal year for the Department of Commerce in this Act may be
transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition
or disposal of any capital asset (including land, structures,
and equipment) not specifically provided for in this Act or
any other law appropriating funds for the Department of
Commerce.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. The requirements set forth by section 112 of
division B of Public Law 110-161 are hereby adopted by
reference.
Sec. 106. Notwithstanding any other law, the Secretary may
furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space
that persons, firms or organizations are authorized pursuant
to the Public Buildings Cooperative Use Act of 1976 or other
authority to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance,
operation, and protection of which has been delegated to the
Secretary from the Administrator of General Services pursuant
to the Federal Property and Administrative Services Act of
1949, as amended, on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services
provided under this section or the authority under which the
use or occupancy of the space is authorized, up to $200,000,
shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 107. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 108. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory or
possession, or of any political subdivision thereof, or of
any foreign government or international organization for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 109. (a) The Secretary of State shall ensure
participation in the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean (``Commission'') and its subsidiary
bodies by American Samoa, Guam, and the Northern Mariana
Islands (collectively, the U.S. Participating Territories) to
the same extent provided to the territories of other nations.
(b) The U.S. Participating Territories are each authorized
to use, assign, and allocate catch limits of highly migratory
fish stocks, or fishing effort limits, agreed to by the
Commission for the participating territories of the
Convention for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific
Ocean, through arrangements with U.S. vessels with permits
issued under the Pelagic Fishery Management Plan of the
Western Pacific Region. Vessels under such arrangements are
integral to the domestic fisheries of the U.S. Participating
Territories, provided that such arrangements are funded by
deposits to the Western Pacific Sustainable Fisheries Fund in
support of fisheries development projects identified in a
Territory's Marine Conservation Plan and adopted pursuant to
section 204 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1824). The Secretary of Commerce
shall attribute catches made by vessels operating under such
arrangements to the U.S. Participating Territories for the
purposes of annual reporting to the Commission.
(c) The Western Pacific Regional Fisheries Management
Council--
(1) is authorized to accept and deposit into the Western
Pacific Sustainable Fisheries Fund funding for arrangements
pursuant to subsection (b);
(2) shall use amounts deposited under paragraph (1) that
are attributable to a particular U.S. Participating Territory
only for implementation of that Territory's Marine
Conservation Plan adopted pursuant to section 204 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1824); and
(3) shall recommend an amendment to the Pelagics Fishery
Ecosystem Plan for the Western Pacific Region, and associated
regulations, to implement this section.
(d) Subsection (b) shall remain in effect until such time
as--
(1) the Western Pacific Regional Fishery Management Council
recommends an amendment to the Pelagics Fishery Ecosystem
Plan for the Western Pacific Region, and implementing
regulations, to the Secretary of Commerce that authorize use,
assignment, and allocation of catch limits of highly
migratory fish stocks, or fishing effort limits, established
by the Commission and applicable to U.S. Participating
Territories;
(2) the Secretary of Commerce approves the amendment; and
(3) such implementing regulations become effective.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2011''.

TITLE II

DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the
Department of Justice, $145,565,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended:
Provided, That the Attorney General is authorized to transfer
funds appropriated within General Administration to any
office in this account: Provided further, That $32,701,000 is
for Department Leadership; $10,402,000 is for
Intergovernmental Relations/External Affairs; $13,477,000 is
for Executive Support/Professional Responsibility; and
$88,985,000 is for the Justice Management Division: Provided
further, That any change in amounts specified in the
preceding proviso greater than 5 percent shall be submitted
for approval to the House and Senate Committees on
Appropriations consistent with the terms of section 505 of
this Act: Provided further, That this transfer authority is
in addition to transfers authorized under section 505 of this
Act.

national drug intelligence center

For necessary expenses of the National Drug Intelligence
Center, including reimbursement of Air Force personnel for
the National Drug Intelligence Center to support the
Department of Defense's counter-drug intelligence
responsibilities, $44,580,000: Provided, That the National
Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law
enforcement authorities and the intelligence community by
conducting document and computer exploitation of materials
collected in Federal, State, and local law enforcement
activity associated with counter-drug, counterterrorism, and
national security investigations and operations.

justice information sharing technology

For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $124,585,000, to remain available until expended,
of which not less than $21,132,000 is for the Unified
Financial Management System.

law enforcement wireless communications

For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law
enforcement communications, and for the costs of operations
and maintenance of existing Land Mobile Radio legacy systems,
$207,727,000, to remain available until expended: Provided,
That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the
purchase of portable and mobile radios: Provided further,
That any transfer made under the preceding proviso shall be
subject to section 505 of this Act.

Administrative Review and Appeals

For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$319,420,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee''
account.

Detention Trustee

For necessary expenses of the Federal Detention Trustee,
$1,533,863,000, to remain available until expended: Provided,
That the Trustee shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided
further, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to 18 U.S.C. 4013(b).

Office of Inspector General

For necessary expenses of the Office of Inspector General,
$88,792,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.

[[Page 19894]]

United States Parole Commission

salaries and expenses

For necessary expenses of the United States Parole
Commission as authorized, $13,582,000.

Legal Activities

salaries and expenses, general legal activities

For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $969,989,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $7,500 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
of the amount appropriated, such sums as may be necessary
shall be available to reimburse the Office of Personnel
Management for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That
of the amounts provided under this heading for the election
monitoring program $3,390,000, shall remain available until
expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $7,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.

salaries and expenses, antitrust division

For expenses necessary for the enforcement of antitrust and
kindred laws, $167,028,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $96,000,000 in fiscal year 2011), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2011, so as to result in a
final fiscal year 2011 appropriation from the general fund
estimated at $71,028,000.

salaries and expenses, united states attorneys

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,041,269,000: Provided, That of the total
amount appropriated, not to exceed $6,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That of the
amount provided under this heading, not less than $38,460,000
shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248)
concerning the prosecution of offenses relating to the sexual
exploitation of children: Provided further, That of the
amount provided under this heading, not less than $31,965,000
is for prosecutions of serious crimes in Indian Country.

united states trustee system fund

For necessary expenses of the United States Trustee
Program, as authorized, $236,435,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other
provision of law, $231,435,000 of offsetting collections
pursuant to 28 U.S.C. 589a(b) shall be retained and used for
necessary expenses in this appropriation and shall remain
available until expended: Provided further, That the sum
herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2011,
so as to result in a final fiscal year 2011 appropriation
from the Fund estimated at $0.

salaries and expenses, foreign claims settlement commission

For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,159,000.

fees and expenses of witnesses

For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended: Provided, That not to exceed
$10,000,000 may be made available for construction of
buildings for protected witness safesites: Provided further,
That not to exceed $3,000,000 may be made available for the
purchase and maintenance of armored and other vehicles for
witness security caravans: Provided further, That not to
exceed $11,000,000 may be made available for the purchase,
installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.

salaries and expenses, community relations service

For necessary expenses of the Community Relations Service,
$12,606,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.

assets forfeiture fund

For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,990,000, to be derived from the Department of
Justice Assets Forfeiture Fund.

United States Marshals Service

salaries and expenses

For necessary expenses of the United States Marshals
Service, $1,180,534,000; of which not to exceed $6,000 shall
be available for official reception and representation
expenses; and of which not to exceed $10,000,000 shall remain
available until expended for information technology systems.

construction

For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $26,625,000, to remain available until
expended; of which not less than $12,625,000 shall be
available for the costs of courthouse security equipment,
including furnishings, relocations, and telephone systems and
cabling.

National Security Division

salaries and expenses

For expenses necessary to carry out the activities of the
National Security Division, $99,537,000; of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.

Interagency Law Enforcement

interagency crime and drug enforcement

For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $574,319,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.

Federal Bureau of Investigation

salaries and expenses

For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $8,089,597,000, of which
not to exceed $150,000,000 shall remain available until
expended: Provided, That not to exceed $153,750 shall be
available for official reception and representation expenses:
Provided further, That of the amount provided under

[[Page 19895]]

this heading, not less than $42,752,000 is for the
investigation of serious crimes in Indian Country.

construction

For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $130,589,000,
to remain available until expended.

Drug Enforcement Administration

salaries and expenses

For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; and expenses for conducting drug education
and training programs, including travel and related expenses
for participants in such programs and the distribution of
items of token value that promote the goals of such programs,
$2,088,176,000; of which not to exceed $75,000,000 shall
remain available until expended; and of which not to exceed
$75,000 shall be available for official reception and
representation expenses.

construction

For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings; and operation
and maintenance of secure work environment facilities and
secure networking capabilities; $41,941,000, to remain
available until expended.

Bureau of Alcohol, Tobacco, Firearms and Explosives

salaries and expenses

For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, not to exceed $30,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $1,162,986,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18,
United States Code; and of which not to exceed $20,000,000
shall remain available until expended: Provided, That no
funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records,
or any portion thereof, of acquisition and disposition of
firearms maintained by Federal firearms licensees: Provided
further, That no funds appropriated herein shall be used to
pay administrative expenses or the compensation of any
officer or employee of the United States to implement an
amendment or amendments to 27 CFR 478.118 or to change the
definition of ``Curios or relics'' in 27 CFR 478.11 or remove
any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That
such funds shall be available to investigate and act upon
applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer
the functions, missions, or activities of the Bureau of
Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments in fiscal year 2011: Provided further, That,
beginning in fiscal year 2011 and thereafter, no funds
appropriated under this or any other Act may be used to
disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace Center of
the Bureau of Alcohol, Tobacco, Firearms and Explosives or
any information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required
to be reported pursuant to paragraphs (3) and (7) of such
section 923(g), except to: (1) a Federal, State, local, or
tribal law enforcement agency, or a Federal, State, or local
prosecutor; or (2) a foreign law enforcement agency solely in
connection with or for use in a criminal investigation or
prosecution; or (3) a Federal agency for a national security
or intelligence purpose; unless such disclosure of such data
to any of the entities described in (1), (2) or (3) of this
proviso would compromise the identity of any undercover law
enforcement officer or confidential informant, or interfere
with any case under investigation; and no person or entity
described in (1), (2) or (3) shall knowingly and publicly
disclose such data; and all such data shall be immune from
legal process, shall not be subject to subpoena or other
discovery, shall be inadmissible in evidence, and shall not
be used, relied on, or disclosed in any manner, nor shall
testimony or other evidence be permitted based on the data,
in a civil action in any State (including the District of
Columbia) or Federal court or in an administrative proceeding
other than a proceeding commenced by the Bureau of Alcohol,
Tobacco, Firearms and Explosives to enforce the provisions of
chapter 44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section
921(a)(10) of such title); (B) the sharing or exchange of
such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total
production, importation, and exportation by each licensed
importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms
traffickers and trafficking channels, or firearms misuse,
felons, and trafficking investigations: Provided further,
That no funds made available by this or any other Act shall
be expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code: Provided further, That
no funds authorized or made available under this or any other
Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of
such a license due to a lack of business activity, provided
that the applicant is otherwise eligible to receive such a
license, and is eligible to report business income or to
claim an income tax deduction for business expenses under the
Internal Revenue Code of 1986.

Federal Prison System

salaries and expenses

For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 591, of which 559 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $6,553,779,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $4,500 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2012: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.

buildings and facilities

For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $269,733,000, to remain available until expended, of
which $75,000,000 shall be derived from available unobligated
balances previously appropriated under this heading, and of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation: Provided further, That
none of the funds provided under this heading in this or any
prior Act

[[Page 19896]]

shall be available for the acquisition of any facility that
is to be used wholly or in part for the incarceration or
detention of any individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009.

federal prison industries, incorporated

The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.

limitation on administrative expenses, federal prison industries,
incorporated

Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); and the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); and for related
victims services, $448,500,000, to remain available until
expended: Provided, That except as otherwise provided by law,
not to exceed 3 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided (which shall be by transfer for programs
administered by the Office of Justice Programs)--
(1) $198,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women;
(4) $45,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act;
(5) $30,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(6) $37,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(7) $9,500,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(8) $50,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(9) $4,250,000 is for enhanced training and services to end
violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(10) $14,000,000 is for the safe havens for children
program, as authorized by section 1301 of the 2000 Act;
(11) $6,750,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(12) $3,000,000 is for an engaging men and youth in
prevention program, as authorized by section 41305 of the
1994 Act;
(13) $1,000,000 is for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act and
consistent with title I of the Adam Walsh Child Protection
and Safety Act of 2006;
(14) $3,500,000 is for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(15) $3,000,000 is for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the
1994 Act;
(16) $3,000,000 is for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(17) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(18) $2,500,000 is for the Supporting Teens through
Education and Protection program, as authorized by section
41204 of the 1994 Act;
(19) $3,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act;
(20) $500,000 is for the Office on Violence Against Women
to establish a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault
of American Indian and Alaska Native women; and
(21) $500,000 is for the Office on Violence Against Women
to sponsor regional summits on violence against women in
Indian country for Department of Justice representatives,
local tribal advocates, law enforcement, and judges.

salaries and expenses

For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office on Violence Against Women, $17,800,000.

Office of Justice Programs

research, evaluation and statistics

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violent
Crime Control and Law Enforcement Act of 1994 (``the 1994
Act''); the Juvenile Justice and Delinquency Prevention Act
of 1974 (``the 1974 Act''); the Missing Children's Assistance
Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of
2003 (Public Law 108-21); the Justice for All Act of 2004
(Public Law 108-405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Victims of Child Abuse Act
of 1990 (Public Law 101-647); the Second Chance Act of 2007
(Public Law 110-199); the Victims of Crime Act of 1984
(Public Law 98-473); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248);
the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the PROTECT Our Children Act of 2008 (Public Law 110-
401); subtitle D of title II of the Homeland Security Act of
2002 (Public Law 107-296) (``the 2002 Act''); and other
programs, $340,000,000, to remain available until expended,
of which--
(1) $60,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $41,000,000 is for the
administration and redesign of the National Crime
Victimization Survey;
(2) $60,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act: Provided, That of the amounts provided under
this heading, $5,000,000 is transferred directly to the
National Institute of Standards and Technology's Office of
Law Enforcement Standards from the National Institute of
Justice for research, testing and evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse program;
(4) $15,000,000 is for grants to assist State and tribal
governments as authorized by the NICS Improvement Amendments
Act of 2007 (Public Law 110-180);
(5) $10,000,000 is for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(6) $30,000,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(7) $3,000,000 is for grants to improve the stalking and
domestic violence database, as authorized by section 40602 of
the 1994 Act; and
(8) $161,000,000 is for DNA-related and forensic programs
and activities, of which--
(A) $151,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities including the purposes of section 2 of
the DNA Analysis Backlog Elimination Act of 2000 (the Debbie
Smith DNA Backlog Grant Program);
(B) $5,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $5,000,000 is for Sexual Assault Forensic Exam Program
Grants as authorized by section 304 of Public Law 108-405.

state and local law enforcement assistance

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and

[[Page 19897]]

Safe Streets Act of 1968 (``the 1968 Act''); the Justice for
All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act'');
the Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); subtitle D of title II of
the Homeland Security Act of 2002 (Public Law 107-296) (``the
2002 Act''); the Second Chance Act of 2007 (Public Law 110-
199); the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403); the
Victims of Crime Act of 1984 (Public Law 98-473); and other
programs (including the Statewide Automated Victim
Notification program of the Bureau of Justice Assistance),
$1,651,780,000, to remain available until expended as
follows--
(1) $519,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act), of which $5,000,000 is for use by the National
Institute of Justice in assisting units of local government
to identify, select, develop, modernize, and purchase new
technologies for use by law enforcement, $2,000,000 is for a
program to improve State and local law enforcement
intelligence capabilities including antiterrorism training
and training to ensure that constitutional rights, civil
liberties, civil rights, and privacy interests are protected
throughout the intelligence process, $6,000,000 is for a
State and local assistance help desk and diagnostic center
program, and $7,000,000 is for necessary expenses to carry
out the activities of the National Criminal Justice
Commission, as authorized by section 542 of this Act;
(2) $300,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $20,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(4) $199,780,000 for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation), which shall be used for the
projects, and in the amounts, as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(5) $35,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation);
(6) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of
the 1994 Act);
(7) $15,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164:
Provided, That no less than $6,700,000 shall be for victim
services grants for foreign national victims of trafficking;
(8) $50,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(9) $10,000,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79);
(10) $25,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(11) $12,500,000 for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law
108-405, and for grants for wrongful conviction review;
(12) $12,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(13) $100,000,000 for assistance to Indian tribes:
Provided, That section 20109(a), in subtitle A of title II of
the 1994 Act, shall not apply to amounts appropriated in this
or any other Act;
(14) $23,000,000 for grants to prevent, investigate,
prosecute, and otherwise combat economic, high technology and
Internet crime, including as authorized by section 401 of
Public Law 110-403;
(15) $3,500,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(16) $100,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199);
(17) $20,000,000 for activities related to comprehensive
criminal justice reform and recidivism reduction efforts;
(18) $10,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(19) $5,000,000 for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for the costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(20) $5,000,000 for an initiative to assist and support
evidence-based policing;
(21) $3,000,000 for technical and other targeted assistance
to improve the functioning of the criminal justice system;
(22) $5,000,000 for a justice information-sharing and
technology program;
(23) $20,000,000 for activities authorized by the Adam
Walsh Act;
(24) $25,000,000 for an initiative relating to children
exposed to violence;
(25) $30,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(26) $5,000,000 for sex offender management assistance as
authorized by the Adam Walsh Act and the Violent Crime
Control Act of 1994 (Public Law 103-322);
(27) $25,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(28) $1,000,000 for the National Sex Offender Public
Website;
(29) $10,000,000 for the Statewide Victim Notification
System program of the Bureau of Justice Assistance;
(30) $40,000,000 for regional information sharing
activities, as authorized by part M of title I of the 1968
Act;
(31) $10,000,000 for a program to improve State, local, and
tribal probation supervision efforts and strategies;
(32) $6,000,000 for a program to prosecute, prevent, and
otherwise combat hate crimes, including related research, of
which $5,000,000 is for investigation and prosecution
assistance grants and $1,000,000 is for a hate crimes
training program; and
(33) $5,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products:
Provided, That if a unit of local government uses any of the
funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform nonadministrative public
sector safety service.

juvenile justice programs

For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162); the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.); the
Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Victims of Child Abuse Act of 1990 (Public Law 101-
647) (``the 1990 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248); the PROTECT Our
Children Act of 2008 (Public Law 110-401); and other juvenile
justice programs, $506,040,000, to remain available until
expended as follows--
(1) $72,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process;
(2) $73,240,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act, which shall be used for
the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(3) $100,000,000 for youth mentoring grants;
(4) $80,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $40,000,000 shall be for the Tribal Youth Program;
(B) $15,000,000 shall be for gang and youth violence
education and prevention and related activities; and
(C) $25,000,000 shall be for grants of $360,000 to each
State and $4,840,000 shall be available for discretionary
grants, for programs and activities to enforce State laws
prohibiting the sale of alcoholic beverages to minors or the
purchase or consumption of alcoholic beverages by minors, for
prevention and reduction of consumption of alcoholic
beverages by minors, and for technical assistance and
training;
(5) $22,500,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(6) $45,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State;

[[Page 19898]]

(7) $20,000,000 for community-based violence prevention
initiatives;
(8) $5,000,000 for a juvenile delinquency court improvement
program;
(9) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(10) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act;
(11) $70,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act; and
(12) $800,000 for a disproportionate minority contact
evaluation and pilot program:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act, or by sections 217 and 222 of the 1990 Act, or to
missing and exploited children programs.

public safety officer benefits

For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs, which amounts shall be paid
to the ``Salaries and Expenses'' account), to remain
available until expended; and in addition, $16,300,000 for
payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such
Act, to remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for such disability and education
payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available
appropriations for the current fiscal year for the Department
of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.

salaries and expenses

For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office of Justice Programs, $167,500,000: Provided, That,
notwithstanding section 109 of title I of Public Law 90-351,
an additional amount, not to exceed $32,500,000 shall be
available for authorized activities of the Office of Audit,
Assessment, and Management.

Community Oriented Policing Services

community oriented policing services programs

(including transfers of funds)

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162),
$542,070,000, to remain available until expended: Provided,
That any balances made available through prior year
deobligations shall only be available in accordance with
section 505 of this Act. Of the amount provided:
(1) $30,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-
methamphetamine activities;
(2) $18,000,000 is for a national grant program the purpose
of which is to assist State and local law enforcement to
locate, arrest and prosecute child sexual predators and
exploiters, and to enforce sex offender registration laws
described in section 1701(b) of the 1968 Act;
(3) $15,000,000 is for expenses authorized by part AA of
the 1968 Act (Secure our Schools);
(4) $363,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section and notwithstanding 42 U.S.C. 3796dd-3(c): Provided,
That subsection (g) of the 1968 Act (42 U.S.C. 3796dd) shall
not apply with respect to funds appropriated in this Act:
Provided further, That within the amounts appropriated,
$42,000,000 shall be transferred to the Tribal Resources
Grant Program for improving tribal law enforcement: Provided
further, That within the amounts appropriated, up to
$30,000,000 is available for the hiring or rehiring of
officers who will be assigned to Internet Crimes Against
Children Task Forces: Provided further, That within the
amounts appropriated, $26,000,000 is for community policing
development activities;
(5) $17,185,000 is for grants to entities described in
section 1701 of title I of the 1968 Act, to address public
safety and methamphetamine manufacturing, sale, and use in
hot spots as authorized by section 754 of Public Law 109-177,
and for other anti-methamphetamine-related activities:
Provided, That within the amounts appropriated, $7,185,000
shall be used for the projects, and in the amounts, as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That within the amounts appropriated,
$10,000,000 shall be transferred to the Drug Enforcement
Administration upon enactment of this Act; and
(6) $98,885,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That
within the amounts appropriated, $97,385,000 shall be used
for the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That of the amounts provided under this heading,
$1,500,000 is transferred directly to the National Institute
of Standards and Technology's Office of Law Enforcement
Standards from the Community Oriented Policing Services
Office for research, testing, and evaluation programs.

salaries and expenses

For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Community Oriented Policing Services Office, $39,000,000.

General Provisions--department of Justice

Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $56,250 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2012, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (28 U.S.C. 599B) without limitation
on the number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection
and prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 210. None of the funds made available under this
title shall be obligated or expended for Sentinel, or for any
other major new or enhanced information technology program
having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the
investment review board certify to the Committees on
Appropriations that the information technology program has
appropriate program

[[Page 19899]]

management and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 211. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and accompanying statement, and to any reobligation, for
any purpose other than that of the program for which the
prior obligation was made, of deobligated balances of funds
provided under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 214. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this Act under the headings for
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'' (other than funds specifically
appropriated for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime),
and ``Juvenile Justice Programs'' (other than funds
specifically appropriated for grants and projects, as
authorized by sections 261 and 262 of the Juvenile Justice
and Delinquency Prevention Act of 1974)--
(1) Up to 3 percent of funds made available for grant or
reimbursement programs may be used to provide training and
technical assistance; and
(2) Notwithstanding section 205 of this Act, up to 3
percent of funds made available for grant or reimbursement
programs under such headings, except for amounts appropriated
specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice
and the Bureau of Justice Statistics, may be transferred to
and merged with funds provided to the National Institute of
Justice and the Bureau of Justice Statistics, to be used by
them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
Sec. 215. The Attorney General may, upon request by a
grantee and based upon a determination of fiscal hardship,
waive the requirements of paragraph (1) of section 2976(g)
and the requirements of paragraphs (1) and (2) of section
2978(e), and the requirements of section 2904 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(g)(1) and 42 U.S.C. 3797w-2(e)(1) and 42 U.S.C.
3797w-2(e)(2) and 42 U.S.C. 3797q-3) with respect to funds
appropriated in this or any other Act making appropriations
for fiscal years 2010 and 2011 for Adult and Juvenile
Offender State and Local Reentry Demonstration Projects,
State, Tribal and Local Reentry Courts, and the Prosecution
Drug Treatment Alternatives to Prison Program authorized
under parts CC and FF of such title of such Act of 1968.
Sec. 216. Section 530A of title 28, United States Code, is
hereby amended by replacing ``appropriated'' with ``used from
appropriations'', and by inserting ``(2),'' before ``(3)''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2011''.

TITLE III

SCIENCE

Office of Science and Technology Policy

For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,100 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $6,990,000.

National Aeronautics and Space Administration

science

For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $5,005,600,000, to
remain available until September 30, 2012: Provided, That of
the funds provided under this heading, $15,000,000 shall be
available for a reimbursable agreement with the Department of
Energy for the re-establishment of facilities to produce fuel
required for radioisotope thermoelectric generators to enable
future science missions.

aeronautics

For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $579,600,000, to remain
available until September 30, 2012.

space research and technology

For necessary expenses, not otherwise provided for, in the
conduct and support of space research and technology
development activities, including research, development,
operations, support, and services; maintenance; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$559,000,000, to remain available until September 30, 2012.

exploration

For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance; space flight, spacecraft
control, and communications activities; program management,
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,706,000,000, to
remain available until September 30, 2012: Provided, That not
less than $300,000,000 shall be for commercial cargo
development, not less than $250,000,000 shall be for
commercial crew, not less than $1,800,000,000 shall be for
the heavy lift launch vehicle system, and not less than
$1,200,000,000 shall be for the multipurpose crew vehicle:
Provided further, That the initial lift capability for the
heavy lift launch vehicle system shall be not less than 130
tons and that the upper stage and other core elements shall
be developed simultaneously.

space operations

For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support, and services; maintenance; space flight,
spacecraft control and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$5,247,900,000, to remain available until September 30, 2012:
Provided, That of the amounts provided under this heading,
$989,100,000 shall be for Space Shuttle operations,
production, research, development, and support,
$2,745,000,000 shall be for International Space Station
operations, production, research, development, and support,
and $688,800,000 shall be for Space and Flight Support:
Provided further, That should the Administrator determine
that the Smithsonian Institution is an appropriate venue for
an orbiter, such orbiter shall be made available to the
Smithsonian at no or nominal cost: Provided further, That
any funds received by National Aeronautics and Space
Administration (NASA) as a result of the disposition of any
orbiter shall be available only as provided in subsequent
appropriations Acts: Provided further, That funds made
available under this heading in excess of those specified for
Space Shuttle, International Space Station, and Space and
Flight support may be transferred to ``Construction and
Environmental Compliance and Restoration'' for construction
activities only at NASA owned facilities: Provided further,
That funds so transferred shall not be subject to section
505(a)(1) of this Act or to the transfer limitations
described in the Administrative Provisions in this Act for
NASA, and shall be available until September 30, 2015, only
after notification of such transfers to the Committees on
Appropriations.

education

For necessary expenses, not otherwise provided for, in
carrying out aerospace and aeronautical education research
and development activities, including research, development,
operations, support, and services; program management;
personnel and related costs, uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $180,000,000, to remain

[[Page 19900]]

available until September 30, 2012: Provided, That within the
amounts appropriated, $44,800,000 shall be for space grant
activities: Provided further, That of the funds provided for
space grant activities, none shall be available for National
Aeronautics and Space Administration administrative costs:
Provided further, That 42 U.S.C. 2467a is amended by adding
at the end thereof:
``(d) Availability of Funds.--The interest accruing from
the National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund principal shall be available in
fiscal year 2011 for science, technology, engineering and
math teacher development.''.

cross agency support

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space research
and technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance;
space flight, spacecraft control, and communications
activities; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; travel expenses; purchase and hire of
passenger motor vehicles; not to exceed $52,500 for official
reception and representation expenses; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $3,085,700,000: Provided, That
$2,270,200,000 shall be available for center management and
operations: Provided further, That not less than $47,500,000
shall be available for independent verification and
validation activities: Provided further, That within the
amounts appropriated, $56,125,000 shall be used for the
projects, and in the amounts, as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
contracts may be entered into under this heading in fiscal
year 2011 for maintenance and operation of facilities, and
for other services, to be provided during the next fiscal
year.

construction and environmental compliance and restoration

For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration; $508,700,000, together with
$20,000,000 to be derived from available unobligated balances
previously appropriated for construction of facilities, to
remain available until September 30, 2015: Provided, That
within the funds provided, $40,500,000 shall be available to
support science research and development activities;
$109,800,000 shall be available to support exploration
research and development activities; $15,600,000 shall be
available to support space operations research and
development activities; $300,700,000 shall be available for
institutional construction of facilities; and $62,100,000
shall be available for environmental compliance and
restoration: Provided further, That proceeds from leases
entered into under the authorities contained in 42 U.S.C.
2459j and deposited into this account shall be available for
obligation for fiscal year 2011 in an amount not to exceed
$5,592,400.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$37,500,000.

administrative provisions

Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration (NASA) in this Act may be transferred
between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers. Balances
transferred may be merged with funds in the recipient account
and thereafter may be accounted for as one fund under the
same terms and conditions as the recipient account. Any
transfer pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The unexpired balances of previous accounts, for activities
for which funds are provided under this Act, may be
transferred to the new accounts established in this Act that
provide such activity. Balances so transferred shall be
merged with the funds in the newly established accounts, but
shall be available under the same terms, conditions and
period of time as previously appropriated.
Funding designations and minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this title for NASA.
Of funds provided under the headings ``Space Operations''
and ``Exploration'' in this Act, up to $60,000,000 may be
transferred to ``Economic Development Assistance Programs,
Economic Development Administration, Department of
Commerce'', to spur regional economic growth in areas
impacted by Shuttle retirement and exploration programmatic
changes.

National Science Foundation

research and related activities

(including transfer of funds)

For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $5,949,080,000, to remain available until
September 30, 2012, of which not to exceed $590,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical
and other related activities for the United States Antarctic
program: Provided, That from funds specified in the fiscal
year 2011 budget request for icebreaking services,
$54,000,000 shall be transferred to the U.S. Coast Guard
``Operating Expenses'' within 60 days of enactment of this
Act: Provided further, That receipts for scientific support
services and materials furnished by the National Research
Centers and other National Science Foundation supported
research facilities may be credited to this appropriation:
Provided further, That not less than $156,000,000 shall be
available for activities authorized by section
7002(c)(2)(A)(iv) of Public Law 110-69.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including authorized travel, $157,190,000,
to remain available until expended: Provided, That none of
the funds may be used to reimburse the Judgment Fund.

education and human resources

For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $900,000,000,
to remain available until September 30, 2012: Provided, That
not less than $55,000,000 shall be available until expended
for activities authorized by section 7030 of Public Law 110-
69, not less than $32,000,000 shall be available until
expended for the Historically Black Colleges and Universities
Undergraduate Program, and not less than $14,250,000 shall be
available until expended for the Tribal Colleges and
Universities Program.

agency operations and award management

For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$6,900 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of
Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $319,190,000: Provided,
That contracts may be entered into under this heading in
fiscal year 2011 for maintenance and operation of facilities,
and for other services, to be provided during the next fiscal
year.

office of the national science board

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C.
1880 et seq.), $4,840,000: Provided, That not to exceed
$2,100 shall be available for official reception and
representation expenses.

office of inspector general

For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $14,700,000.
This title may be cited as the ``Science Appropriations
Act, 2011''.

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

salaries and expenses

(including transfer of funds)

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,400,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of

[[Page 19901]]

four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense
that is not explicitly authorized by 42 U.S.C. 1975a:
Provided further, That there shall be an Inspector General at
the Commission on Civil Rights who shall have the duties,
responsibilities, and authorities specified in the Inspector
General Act of 1978, as amended: Provided further, That an
individual appointed to the position of Inspector General of
the Equal Employment Opportunity Commission (EEOC) shall, by
virtue of such appointment, also hold the position of
Inspector General of the Commission on Civil Rights: Provided
further, That the Inspector General of the Commission on
Civil Rights shall utilize personnel of the Office of
Inspector General of EEOC in performing the duties of the
Inspector General of the Commission on Civil Rights, and
shall not appoint any individuals to positions within the
Commission on Civil Rights: Provided further, That of the
amounts made available in this paragraph, $900,000 shall be
transferred directly to the Office of Inspector General of
EEOC upon enactment of this Act for salaries and expenses
necessary to carry out the duties of the Inspector General of
the Commission on Civil Rights.

Equal Employment Opportunity Commission

salaries and expenses

For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law
110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public
Law 111-2), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); nonmonetary awards to private citizens,
$355,303,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $1,875 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming requirements of section 505 of this Act:
Provided further, That the Chair is authorized to accept and
use any gift or donation to carry out the work of the
Commission.

state and local assistance

For payments to State and local enforcement agencies for
authorized services to the Commission, $30,000,000.

International Trade Commission

salaries and expenses

For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$1,875 for official reception and representation expenses,
$87,000,000, to remain available until expended.

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$440,000,000, of which $410,650,000 is for basic field
programs and required independent audits; $4,350,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $20,000,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to
Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services
Corporation Act, 42 U.S.C. 2996(d): Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation.

administrative provision--legal services corporation

None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2010 and 2011, respectively.

Marine Mammal Commission

salaries and expenses

For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $3,500,000.

Office of the United States Trade Representative

salaries and expenses

For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $48,000,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $93,000 shall be available for official reception and
representation expenses: Provided further, That negotiations
shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected
from antidumping and countervailing duties: Provided further,
That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210.

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1984 (42 U.S.C. 10701 et seq.) $6,273,000, of which
$500,000 shall remain available until September 30, 2012:
Provided, That not to exceed $1,875 shall be available for
official reception and representation expenses.

Commission on Wartime Relocation and Internment of Latin Americans of
Japanese Descent

salaries and expenses

For necessary expenses to carry out the activities of the
Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent, as authorized by section 539
of this Act, $1,700,000.

TITLE V

GENERAL PROVISIONS

Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. 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. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2011, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
the reprogramming of funds that--
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted by this Act, unless the House and Senate
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations for
a different purpose, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent as
approved by Congress, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds; or

[[Page 19902]]

(9) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by
Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2011, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure, through the
reprogramming of funds after August 1, except in
extraordinary circumstances, and only after the House and
Senate Committees on Appropriations are notified 30 days in
advance of such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in
this or any other Act may be used to implement, administer,
or enforce any guidelines of the Equal Employment Opportunity
Commission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
Sec. 509. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 510. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 511. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 512. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601) in any fiscal year in excess of $820,000,000 shall not
be available for obligation until the following fiscal year.
Sec. 513. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
Sec. 517. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
Web site maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant
or contract was awarded, such as a banquet or conference held
in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 518. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
Sec. 519. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.

[[Page 19903]]

(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 521. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 522. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 523. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the
laws amended by these Acts.
Sec. 524. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent, the program manager shall immediately inform the
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of
such increase, and shall include in such notice: the date on
which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken
to control future cost growth of the project; changes made in
the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the
total project or procurement costs; and a statement
validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related 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. 526. The Departments, agencies, and commissions
funded under this Act, shall establish and maintain on the
homepages of their Internet Web sites--
(1) direct links to the Internet Web sites of their Offices
of Inspectors General; and
(2) mechanisms on the Offices of Inspectors General Web
sites by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve
the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market access barriers.
Sec. 529. Section 504(a) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1996 (as contained in Public Law 104-134)
is amended by striking paragraph (7).

(rescissions)

Sec. 530. (a) Of the unobligated balances available to the
Foreign Fishing Observer Fund, $350,000 are hereby rescinded;
(b) Of the unobligated balances available to the Department
of Justice from prior appropriations, the following funds are
hereby rescinded, not later than September 30, 2011, from the
following accounts in the specified amounts--
(1) ``Legal Activities, Assets Forfeiture Fund'',
$850,000,000;
(2) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Violent Crime Reduction Program'', $1,028,000;
(3) ``Office of Justice Programs'', $42,000,000;
(4) ``Community Oriented Policing Services'', $10,200,000;
(5) ``Working Capital Fund'', $20,000,000;
(6) ``Federal Bureau of Investigation, Salaries and
Expenses'', $57,000,000; and
(7) ``Detention Trustee'', $6,000,000.
(c) Of the unobligated balances available to the National
Aeronautics and Space Administration from prior year
appropriations under the heading ``Exploration'', $14,000,000
are hereby rescinded.
(d) Of the unobligated balances available to the Bureau of
the Census from prior year appropriations, $1,740,000,000
under the heading ``Periodic Censuses and Programs'' are
hereby rescinded.
(e) Within 30 days of enactment of this Act, the Department
of Justice, the National Aeronautics and Space
Administration, and the Department of Commerce shall submit
to the Committees on Appropriations of the House and Senate a
report specifying the amount of each rescission made pursuant
to this section.
(f) The rescissions contained in this section shall not
apply to funds provided in this Act.
Sec. 531. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 532. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States. This
provision shall not apply to law enforcement training and/or
operational conferences for law enforcement personnel when
the majority of Federal employees in attendance are law
enforcement personnel stationed outside the United States.
Sec. 533. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 534. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.

[[Page 19904]]

Sec. 535. None of the funds made available in this Act may
be used to relocate the Bureau of the Census or employees
from the Department of Commerce to the jurisdiction of the
Executive Office of the President.
Sec. 536. (a) The head of any department, agency, board or
commission funded by this Act shall submit quarterly reports
to the Inspector General for any entity without an inspector
general or the senior ethics official of the appropriate
department, agency, board or commission regarding the costs
and contracting procedures relating to each conference held
by the department, agency, board or commission during fiscal
year 2011 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection
held during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive basis
for that conference; and
(B) a discussion of any cost comparison conducted by the
department, agency, board or commission in evaluating
potential contractors for that conference.
Sec. 537. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the
National Science Foundation shall provide to the House and
Senate Committees on Appropriations an annual report, by
September 30, 2011, and annually thereafter, on the progress
toward achieving the sustainability goals and targets
described in Executive Order 13514.
Sec. 538. (a) Of the amounts appropriated for grants and
projects, as authorized by sections 261 and 262 of the
Juvenile Justice and Delinquency Prevention Act of 1974,
under the heading ``Juvenile Justice Programs'' under the
major heading ``Office of Justice Programs'' under the
overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 581),
the amounts to be made available to Youth Alive, Inc. in
Louisville, Kentucky, for At-Risk Youths Crime Prevention
pursuant to the joint statement of managers accompanying that
Act shall be made available to the St. Stephen Family Life
Center in Louisville, Kentucky, for a youth mentoring
program.
(b) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'' under the major
heading ``Office of Justice Programs'' under the overarching
heading ``State and Local Law Enforcement Activities'' under
division B, title II of the Consolidated Appropriations Act,
2010 (Public Law 111-117; 123 Stat. 3133), the amounts to be
made available to the Texas Engineering Extension Service in
San Marcos, Texas, for the ALERRT program pursuant to the
joint statement of managers accompanying that Act shall be
made available to Texas State University in San Marcos,
Texas, for the same purpose.
(c) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services'' under
the overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Consolidated
Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3137), the amounts to be made available to the Elgin Police
Department in Elgin, Illinois, for Police Car Video Recording
Replacement pursuant to the joint statement of managers
accompanying that Act shall be made available to the same
entity, for law enforcement technology.
(d) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services''under the
overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 583),
the amounts to be made available to the City of Monroe, North
Carolina, for an In-Car Camera Project pursuant to the joint
statement of managers accompanying that Act shall be made
available to the same entity, for an interoperable radio
project.
(e) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the major heading ``Community Oriented Policing Services''
under the overarching heading ``State and Local Law
Enforcement Activities'' under division B, title II of the
Consolidated Appropriations Act, 2010 (Public Law 111-117;
123 Stat. 3137), the amounts to be made available to the
Beaver County Sheriff in Beaver, Pennsylvania, for Law
Enforcement Technology and Equipment pursuant to the joint
statement of managers accompanying that Act shall be
transferred to the appropriation for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation) under the heading ``State
and Local Law Enforcement Assistance'', under the major
heading ``Office of Justice Programs'' under the same
overarching heading, for the same entity, for the same
purpose.
(f) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the major heading ``Community Oriented Policing Services''
under the overarching heading ``State and Local Law
Enforcement Activities'' under division B, title II of the
Consolidated Appropriations Act, 2010 (Public Law 111-117;
123 Stat. 3137), the amounts to be made available to the
Lawrence County Sheriff in New Castle, Pennsylvania, for Law
Enforcement Technology and Equipment pursuant to the joint
statement of managers accompanying that Act shall be
transferred to the appropriation for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation) under the heading ``State
and Local Law Enforcement Assistance'', under the major
heading ``Office of Justice Programs'' under the same
overarching heading, for the same entity, for the same
purpose.
(g) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services'' under
the overarching heading ``State and Local Law Enforcement
Activities'' under division B, title II of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 583),
the amounts to be made available to the City of Green Bay,
Wisconsin, for a Police Department Drying Room pursuant to
the joint statement of managers accompanying that Act shall
be made available to the same entity, for forensics
equipment.
(h) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'', under the major
heading ``Office of Justice Programs'', under the overarching
heading ``State and Local Law Enforcement Activities'', under
division B, title II of the Consolidated Appropriations Act,
2010 (Public Law 111-117, 123 Stat. 3133), the amounts to be
made available to the Montana Sheriffs and Peace Officers
Association in Helena, Montana, for the Montana Offender
Notification and Tracking System--Juvenile Justice System
(MONTS-JJS), pursuant to the joint explanatory statement of
the Committee of Conference accompanying that Act, shall be
made available, instead, for adult initiatives.
(i) Of the amounts appropriated for grants and projects, as
authorized by sections 261 and 262 of the Juvenile Justice
and Delinquency Prevention Act of 1974, under the heading
``Juvenile Justice Programs'', under the major heading
``Office of Justice Programs'', under the overarching heading
``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 581), the amounts to be made
available to the Self-Reliance Foundation in Washington, DC,
for a Latino Youth Gang Prevention Project pursuant to the
joint statement of managers accompanying that Act shall be
made available to Identity, Inc. in Gaithersburg, Maryland,
for the same purpose.
(j) Of the amounts appropriated for a law enforcement
technologies and interoperable communications program under
the heading ``Community Oriented Policing Services'', under
the overarching heading ``State and Local Law Enforcement
Activities'', under division B, title II of the Consolidated
Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3137), the amounts to be made available to the Webb County
Sheriff in Laredo, Texas, for a South Texas Forensics
Laboratory pursuant to the joint statement of managers
accompanying that Act shall be made available to the same
entity, for South Texas emergency operations equipment.
(k) Of the amounts appropriated for grants and projects, as
authorized by sections 261 and 262 of the Juvenile Justice
and Delinquency Prevention Act of 1974, under the heading
``Juvenile Justice Programs'', under the major heading
``Office of Justice Programs'', under the overarching heading
``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 581), the amounts to be made
available to the Self-Reliance Foundation in Washington, DC,
for a Wake County Gang Prevention Partnership Spanish
Language Anti-Gang Campaign pursuant to the joint statement
of managers accompanying that Act shall be made available to
the Department of 4-H Youth Development and Family

[[Page 19905]]

& Consumer Sciences at North Carolina State University in
Raleigh, North Carolina, for the same purpose.
(l) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'' under the major
heading ``Office of Justice Programs'' under the overarching
heading ``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 579), the amounts to be made
available to the Louisiana District Attorney's Association in
Baton Rouge, Louisiana, to support an early intervention
program for at-risk elementary students, pursuant to the
joint statement of managers accompanying that Act, shall be
made available to the University of Louisiana-Lafayette in
Lafayette, Louisiana, for the same purpose.
(m) Of the amounts appropriated for discretionary grants to
improve the functioning of the criminal justice system, to
prevent or combat juvenile delinquency, and to assist victims
of crime (other than compensation), under the heading ``State
and Local Law Enforcement Assistance'' under the major
heading ``Office of Justice Programs'', under the overarching
heading ``State and Local Law Enforcement Activities'', under
division B, title II of the Omnibus Appropriations Act, 2009
(Public Law 111-8; 123 Stat. 579), the amounts to be made
available to the City of Las Vegas, Nevada, for copper wire
theft prevention efforts, pursuant to the joint statement of
managers accompanying that Act, shall be made available to
the City of Las Vegas for the Shared Computer Operation for
Protection and Enforcement (SCOPE), Las Vegas, Nevada.

commission on wartime relocation and internment of latin americans of
japanese descent

Sec. 539. (a) Findings.--Based on a preliminary study
published in December 1982 by the Commission on Wartime
Relocation and Internment of Civilians, Congress finds the
following:
(1) During World War II, the United States--
(A) expanded its internment program and national security
investigations to conduct the program and investigations in
Latin America; and
(B) financed relocation to the United States, and
internment, of approximately 2,300 Latin Americans of
Japanese descent, for the purpose of exchanging the Latin
Americans of Japanese descent for United States citizens held
by Axis countries.
(2) Approximately 2,300 men, women, and children of
Japanese descent from 13 Latin American countries were held
in the custody of the Department of State in internment camps
operated by the Immigration and Naturalization Service from
1941 through 1948.
(3) Those men, women, and children either--
(A) were arrested without a warrant, hearing, or indictment
by local police, and sent to the United States for
internment; or
(B) in some cases involving women and children, voluntarily
entered internment camps to remain with their arrested
husbands, fathers, and other male relatives.
(4) Passports held by individuals who were Latin Americans
of Japanese descent were routinely confiscated before the
individuals arrived in the United States, and the Department
of State ordered United States consuls in Latin American
countries to refuse to issue visas to the individuals prior
to departure.
(5) Despite their involuntary arrival, Latin American
internees of Japanese descent were considered to be and
treated as illegal entrants by the Immigration and
Naturalization Service. Thus, the internees became illegal
aliens in United States custody who were subject to
deportation proceedings for immediate removal from the United
States. In some cases, Latin American internees of Japanese
descent were deported to Axis countries to enable the United
States to conduct prisoner exchanges.
(6) Approximately 2,300 men, women, and children of
Japanese descent were relocated from their homes in Latin
America, detained in internment camps in the United States,
and in some cases, deported to Axis countries to enable the
United States to conduct prisoner exchanges.
(7) The Commission on Wartime Relocation and Internment of
Civilians studied Federal actions conducted pursuant to
Executive Order 9066 (relating to authorizing the Secretary
of War to prescribe military areas). Although the United
States program of interning Latin Americans of Japanese
descent was not conducted pursuant to Executive Order 9066,
an examination of that extraordinary program is necessary to
establish a complete account of Federal actions to detain and
intern civilians of enemy or foreign nationality,
particularly of Japanese descent. Although historical
documents relating to the program exist in distant archives,
the Commission on Wartime Relocation and Internment of
Civilians did not research those documents.
(8) Latin American internees of Japanese descent were a
group not covered by the Civil Liberties Act of 1988 (50
U.S.C. App. 1989b et seq.), which formally apologized and
provided compensation payments to former Japanese Americans
interned pursuant to Executive Order 9066.
(b) Purpose.--The purpose of this section is to establish a
fact-finding Commission to extend the study of the Commission
on Wartime Relocation and Internment of Civilians to
investigate and determine facts and circumstances surrounding
the relocation, internment, and deportation to Axis countries
of Latin Americans of Japanese descent from December 1941
through February 1948, and the impact of those actions by the
United States, and to recommend appropriate remedies, if any,
based on preliminary findings by the original Commission and
new discoveries.
(c) Establishment of the Commission.--
(1) In general.--There is established the Commission on
Wartime Relocation and Internment of Latin Americans of
Japanese descent (referred to in this section as the
``Commission'').
(2) Composition.--The Commission shall be composed of 9
members, who shall be appointed not later than 60 days after
the date of enactment of this section, of whom--
(A) 3 members shall be appointed by the President;
(B) 3 members shall be appointed by the Speaker of the
House of Representatives, on the joint recommendation of the
majority leader of the House of Representatives and the
minority leader of the House of Representatives; and
(C) 3 members shall be appointed by the President pro
tempore of the Senate, on the joint recommendation of the
majority leader of the Senate and the minority leader of the
Senate.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment was made.
(4) Meetings.--
(A) First meeting.--The President shall call the first
meeting of the Commission not later than the later of--
(i) 60 days after the date of enactment of this section; or
(ii) 30 days after the date of enactment of legislation
making appropriations to carry out this section.
(B) Subsequent meetings.--Except as provided in
subparagraph (A), the Commission shall meet at the call of
the Chairperson.
(5) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
(6) Chairperson and vice chairperson.--The Commission shall
elect a Chairperson and Vice Chairperson from among its
members. The Chairperson and Vice Chairperson shall serve for
the life of the Commission.
(d) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) extend the study of the Commission on Wartime
Relocation and Internment of Civilians, established by the
Commission on Wartime Relocation and Internment of Civilians
Act--
(i) to investigate and determine facts and circumstances
surrounding the United States' relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese
descent from December 1941 through February 1948, and the
impact of those actions by the United States; and
(ii) in investigating those facts and circumstances, to
review directives of the United States Armed Forces and the
Department of State requiring the relocation, detention in
internment camps, and deportation to Axis countries of Latin
Americans of Japanese descent; and
(B) recommend appropriate remedies, if any, based on
preliminary findings by the original Commission and new
discoveries.
(2) Report.--Not later than 1 year after the date of the
first meeting of the Commission pursuant to subsection
(c)(4)(A), the Commission shall submit a written report to
Congress, which shall contain findings resulting from the
investigation conducted under paragraph (1)(A) and
recommendations described in paragraph (1)(B).
(e) Powers of the Commission.--
(1) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the
purpose of carrying out this section--
(A) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such subcommittee or member considers
advisable; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or
member considers advisable.
(2) Issuance and enforcement of subpoenas.--
(A) Issuance.--Subpoenas issued under paragraph (1) shall
bear the signature of the Chairperson of the Commission and
shall be served by any person or class of persons designated
by the Chairperson for that purpose.
(B) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued

[[Page 19906]]

under paragraph (1), the United States district court for the
judicial district in which the subpoenaed person resides, is
served, or may be found may issue an order requiring such
person to appear at any designated place to testify or to
produce documentary or other evidence. Any failure to obey
the order of the court may be punished by the court as a
contempt of that court.
(3) Witness allowances and fees.--Section 1821 of title 28,
United States Code, shall apply to witnesses requested or
subpoenaed to appear at any hearing of the Commission. The
per diem and mileage allowances for witnesses shall be paid
from funds available to pay the expenses of the Commission.
(4) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to perform
its duties. Upon request of the Chairperson of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(f) Personnel and Administrative Provisions.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate the employment of such personnel as may
be necessary to enable the Commission to perform its duties.
(B) Compensation.--The Chairperson of the Commission may
fix the compensation of the personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(6) Other administrative matters.--The Commission may--
(A) enter into agreements with the Administrator of General
Services to procure necessary financial and administrative
services;
(B) enter into contracts to procure supplies, services, and
property; and
(C) enter into contracts with Federal, State, or local
agencies, or private institutions or organizations, for the
conduct of research or surveys, the preparation of reports,
and other activities necessary to enable the Commission to
perform its duties.
(g) Termination.--The Commission shall terminate 90 days
after the date on which the Commission submits its report to
Congress under subsection (d)(2).
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section.
(2) Availability.--Any sums appropriated under the
authorization contained in this subsection shall remain
available, without fiscal year limitation, until expended.
Sec. 540. (a) Using funds appropriated to the Legal
Services Corporation (``Corporation'') in this Act, the
Corporation shall comply with, and ensure that recipients and
recipient attorneys comply with, the corresponding
recommendations contained in the provisions of--
(1) the report entitled ``Governance and Accountability
Practices Need to Be Modernized and Strengthened'', GAO-07-
993, issued August 2007 by the Government Accountability
Office;
(2) the report entitled ``Improved Internal Controls Needed
in Grants Management and Oversight'', GAO-08-37, issued
December 2007 by the Government Accountability Office;
(3) the report entitled ``Selected Internal Controls at
Legal Services NYC'', Report No. AU09-01, issued December 11,
2008 by the Office of Inspector General of the Corporation;
(4) the report entitled ``Selected Internal Controls at
Legal Aid and Defender Association, Inc.'', Report No. AU09-
02, issued February 5, 2009 by that Office of Inspector
General;
(5) the report entitled ``Selected Internal Controls at
California Indian Legal Services'', Report No. AU09-03,
issued March 27, 2009 by that Office of Inspector General;
(6) the report entitled ``Selected Internal Controls at
Legal Assistance Foundation of Metropolitan Chicago'', Report
No. AU08-05, issued September 30, 2008 by that Office of
Inspector General;
(7) the report entitled ``Selected Internal Controls at
Philadelphia Legal Assistance Center'', Report No. AU08-04,
issued August 14, 2008 by that Office of Inspector General;
(8) the report entitled ``Legal Services Corporation FY
2008 Financial Statement Audit Report'', issued January 28,
2009 by that Office of Inspector General;
(9) the report entitled ``Audit of Legal Services
Corporation's Consultant Contract'', Report No. AU09-05,
issued July 7, 2009 by that Office of Inspector General;
(10) the report entitled ``Selected Internal Controls at
Legal Aid of Northwest Texas'', Report No. AU09-06, issued
August 10, 2009 by that Office of Inspector General; and
(11) the report entitled ``Protocol for the Acceptance and
Use of Private Contributions to LSC'', issued August 2008 by
the Audit Committee of the Board of Directors of the
Corporation.
(b) The Corporation may not expend $5,000,000 of the funds
described in subsection (a) until the President and the
Chairman submit the certification described in subsection
(c).
(c) The President and the Chairman shall, not later than 30
days after enactment of this Act, determine whether the
Corporation has met the requirements of subsection (a). The
President and the Chairman shall make the determination based
on the standards, best management practices, and guidelines
in the provisions described in subsection (a). If the
President and the Chairman determine that the Corporation has
met the requirements, the President and the Chairman shall
submit a certification to the Committee on Appropriations of
the House of Representatives, and the Committee on
Appropriations of the Senate. Upon the President's and the
Chairman's joint submission of the certification, the
Corporation may expend the amount described in subsection
(b).
(d) In this section, the terms ``Corporation'' and
``recipient'' have the meanings given the terms in section
1002 of the Legal Services Corporation Act (42 U.S.C. 2996a).
(e) In this section, the terms ``President'' and
``Chairman'' refer to the President of the Legal Services
Corporation and the Chairman of the Board of the Legal
Services Corporation.
Sec. 541. Chapter 85 of title 18, United States Code, is
amended in section 1761--
(1) by striking ``non-Federal'' in subsection (c)(1);
(2) by redesignating subsection (d) as subsection (e); and
(3) by adding after subsection (c) the following new
subsection:
``(d) This chapter shall not apply to goods, wares, or
merchandise manufactured, produced, mined or assembled by
convicts or prisoners who are participating in any pilot
project approved by the Federal Prison Industries Board of
Directors, which are currently, or would otherwise be,
manufactured, produced, mined, or assembled outside the
United States.''.

national criminal justice commission act of 2010

Sec. 542. (a) Short Title.--This section may be cited as
the ``National Criminal Justice Commission Act of 2010''.
(b) Findings.--Congress finds that--
(1) it is in the interest of the Nation to establish a
commission to undertake a comprehensive review of the
criminal justice system;
(2) there has not been a comprehensive study since the
President's Commission on Law Enforcement and Administration
of Justice was established in 1965;
(3) that commission, in a span of 18 months, produced a
comprehensive report entitled ``The Challenge of Crime in a
Free Society,'' which contained 200 specific recommendations
on all aspects of the criminal justice system involving
Federal, State, tribal, and local governments, civic
organizations, religious institutions, business groups, and
individual citizens; and
(4) developments over the intervening 45 years require once
again that Federal, State, tribal, and local governments,
civic organizations, religious institutions, business groups,
and individual citizens come together to review evidence and
consider how to improve the criminal justice system.
(c) Establishment of Commission.--There is established a
commission to be known as the ``National Criminal Justice
Commission'' (referred to in this section as the
``Commission'').
(d) Purpose of the Commission.--The Commission shall
undertake a comprehensive review of the criminal justice
system,

[[Page 19907]]

encompassing current Federal, State, local, and tribal
criminal justice policies and practices, and make reform
recommendations for the President, Congress, State, local,
and tribal governments.
(e) Review and Recommendations.--
(1) General review.--The Commission shall undertake a
comprehensive review of all areas of the criminal justice
system, including Federal, State, local, and tribal
governments' criminal justice costs, practices, and policies.
(2) Findings and recommendations.--After conducting a
review of the United States criminal justice system as
required by paragraph (1), the Commission shall make findings
regarding such review and recommendations for changes in
oversight, policies, practices, and laws designed to prevent,
deter, and reduce crime and violence, reduce recidivism,
improve cost-effectiveness, and ensure the interests of
justice at every step of the criminal justice system.
(3) Prior commissions.--The Commission shall take into
consideration the work of prior relevant commissions in
conducting its review.
(4) State and local government.--In making its
recommendations, the Commission should consider the financial
and human resources of State and local governments.
Recommendations shall not infringe on the legitimate rights
of the States to determine their own criminal laws or the
enforcement of such laws.
(5) Public hearings.--The Commission shall conduct public
hearings in various locations around the United States.
(6) Consultation with government and nongovernment
representatives.--
(A) In general.--The Commission shall--
(i) closely consult with Federal, State, local, and tribal
government and nongovernmental leaders, including State,
local, and tribal law enforcement officials, legislators,
public health officials, judges, court administrators,
prosecutors, defense counsel, victims' rights organizations,
probation and parole officials, criminal justice planners,
criminologists, civil rights and liberties organizations,
formerly incarcerated individuals, professional
organizations, and corrections officials; and
(ii) include in the final report required by paragraph (7)
summaries of the input and recommendations of these leaders.
(B) United states sentencing commission.--To the extent the
review and recommendations required by this section relate to
sentencing policies and practices for the Federal criminal
justice system, the Commission shall conduct such review and
make such recommendations in consultation with the United
States Sentencing Commission.
(7) Report.--
(A) Report.--Not later than 18 months after the first
meeting of the Commission, the Commission shall prepare and
submit a final report that contains a detailed statement of
findings, conclusions, and recommendations of the Commission
to Congress, the President, State, local, and tribal
governments.
(B) Goal of unanimity.--It is the sense of the Congress
that, given the national importance of the matters before the
Commission, the Commission should work toward unanimously
supported findings and recommendations.
(C) Public availability.--The report submitted under this
paragraph shall be made available to the public.
(D) Votes on recommendations in report.--Consistent with
paragraph (2), the Commission shall state the vote total for
each recommendation contained in its report to Congress.
(f) Membership.--
(1) In general.--The Commission shall be composed of 14
members, as follows:
(A) 1 member shall be appointed by the President, who shall
serve as co-chairman of the Commission;
(B) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Republican Party, in consultation with the leader of the
House of Representatives (majority or minority leader, as the
case may be) of the Republican Party, who shall serve as co-
chairman of the Commission;
(C) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party, in
consultation with the Democratic leadership of the Committee
on the Judiciary.
(D) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party, in
consultation with the Republican leadership of the Committee
on the Judiciary.
(E) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, in consultation with the Republican
leadership of the Committee on the Judiciary.
(F) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, in consultation with the Democratic
leadership of the Committee on the Judiciary.
(G) 2 members, who shall be State and local
representatives, shall be appointed by the President in
agreement with leader of the Senate (majority or minority
leader, as the case may be) of the Republican Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Republican Party.
(H) 2 members, who shall be State and local
representatives, shall be appointed by the President in
agreement with leader of the Senate (majority or minority
leader, as the case may be) of the Democratic Party and the
leader of the House of Representatives (majority or minority
leader, as the case may be) of the Democratic Party.
(2) Membership.--
(A) Qualifications.--The individuals appointed from private
life as members of the Commission shall be individuals with
distinguished reputations for integrity and nonpartisanship
who are nationally recognized for expertise, knowledge, or
experience in such relevant areas as--
(i) law enforcement;
(ii) criminal justice;
(iii) national security;
(iv) prison and jail administration;
(v) prisoner reentry;
(vi) public health, including physical and sexual
victimization, drug addiction and mental health;
(vii) victims' rights;
(viii) civil liberties;
(ix) court administration;
(x) social services; and
(xi) State, local, and tribal government.
(B) Disqualification.--An individual shall not be appointed
as a member of the Commission if such individual possesses
any personal financial interest in the discharge of any of
the duties of the Commission.
(C) Terms.--Members shall be appointed for the life of the
Commission.
(3) Appointment; first meeting.--
(A) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(B) First meeting.--The Commission shall hold its first
meeting on the date that is 60 days after the date of
enactment of this Act, or not later than 30 days after the
date on which funds are made available for the Commission,
whichever is later.
(C) Ethics.--At the first meeting of the Commission, the
Commission shall draft appropriate ethics guidelines for
commissioners and staff, including guidelines relating to
conflict of interest and financial disclosure. The Commission
shall consult with the Senate and House Committees on the
Judiciary as a part of drafting the guidelines and furnish
the Committees with a copy of the completed guidelines.
(4) Meetings; quorum; vacancies.--
(A) Meetings.--The Commission shall meet at the call of the
co-chairs or a majority of its members.
(B) Quorum.--Seven members of the Commission, including at
least 2 members chosen by either the senior member of the
Senate leadership of the Democratic Party, the senior member
of the leadership of the House of Representatives of the
Democratic Party, or the senior member of the Senate
leadership of the Democratic Party and the senior member of
the leadership of the House of Representatives of the
Democratic Party in agreement with the President and 2
members chosen by either the senior member of the Senate
leadership of the Republican Party, the senior member of the
leadership of the House of Representatives of the Republican
Party, or the senior member of the Senate leadership of the
Republican Party and the senior member of the leadership of
the House of Representatives of the Republican Party in
agreement with the President, shall constitute a quorum for
purposes of conducting business, except that 2 members of the
Commission shall constitute a quorum for purposes of
receiving testimony.
(C) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. If vacancies in the
Commission occur on any day after 45 days after the date of
the enactment of this Act, a quorum shall consist of a
majority of the members of the Commission as of such day, so
long as at least 1 Commission member chosen by a member of
each party, Republican and Democratic, is present.
(5) Actions of commission.--
(A) In general.--The Commission--
(i) shall act by resolution agreed to by a majority of the
members of the Commission voting and present; and
(ii) may establish panels composed of less than the full
membership of the Commission for purposes of carrying out the
duties of the Commission under this title--

(I) which shall be subject to the review and control of the
Commission; and
(II) any findings and determinations made by such a panel
shall not be considered the findings and determinations of
the Commission unless approved by the Commission.

(B) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is
authorized to take pursuant to this section.
(g) Administration.--
(1) Staff.--
(A) Executive director.--The Commission shall have a staff
headed by an Executive Director. The Executive Director shall
be paid at a rate established for the Certified Plan pay
level for the Senior Executive Service

[[Page 19908]]

under section 5382 of title 5, United States Code.
(B) Appointment and compensation.--The co-chairs of the
Commission shall designate and fix the compensation of the
Executive Director and, in accordance with rules agreed upon
by the Commission, may appoint and fix the compensation of
such other personnel as may be necessary to enable the
Commission to carry out its functions, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under
this paragraph may exceed the equivalent of that payable for
a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(C) Personnel as federal employees.--
(i) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(ii) Members of commission.--Clause (i) shall not be
construed to apply to members of the Commission.
(D) The compensation of commissioners.--Each member of the
Commission may be compensated at not to exceed the daily
equivalent of the annual rate of basic pay in effect for a
position at level V of the Executive Schedule under section
5315 of title 5, United States Code, for each day during
which that member is engaged in the actual performance of the
duties of the Commission. All members of the Commission who
are officers or employees of the United States , State, or
local government shall serve without compensation in addition
to that received for their services as officers or employees.
(E) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(2) Experts and consultants.--With the approval of the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(3) Detail of government employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out the duties of the
Commission. Any such detail shall not interrupt or otherwise
affect the civil service status or privileges of the Federal
employee.
(4) Other resources.--The Commission shall have reasonable
access to materials, resources, statistical data, and other
information such Commission determines to be necessary to
carry out its duties from the Library of Congress, the
Department of Justice, the Office of National Drug Control
Policy, the Department of State, and other agencies of the
executive and legislative branches of the Federal Government.
The co-chairs of the Commission shall make requests for such
access in writing when necessary.
(5) Volunteer services.--Notwithstanding the provisions of
section 1342 of title 31, United States Code, the Commission
is authorized to accept and utilize the services of
volunteers serving without compensation. The Commission may
reimburse such volunteers for local travel and office
supplies, and for other travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of
title 5, United States Code. A person providing volunteer
services to the Commission shall be considered an employee of
the Federal Government in performance of those services for
the purposes of chapter 81 of title 5 of the United States
Code, relating to compensation for work-related injuries,
chapter 171 of title 28 of the United States Code, relating
to tort claims, and chapter 11 of title 18 of the United
States Code, relating to conflicts of interest.
(6) Obtaining official data.--The Commission may secure
directly from any agency of the United States information
necessary to enable it to carry out this section. Upon the
request of the co-chairs of the Commission, the head of that
department or agency shall furnish that information to the
Commission. The Commission shall not have access to sensitive
information regarding ongoing investigations.
(7) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(8) Administrative reporting.--The Commission shall issue
bi-annual status reports to Congress regarding the use of
resources, salaries, and all expenditures of appropriated
funds.
(9) Contracts.--The Commission is authorized to enter into
contracts with Federal and State agencies, private firms,
institutions, and individuals for the conduct of activities
necessary to the discharge of its duties and
responsibilities. A contract, lease or other legal agreement
entered into by the Commission may not extend beyond the date
of the termination of the Commission.
(10) Gifts.--Subject to existing law, the Commission may
accept, use, and dispose of gifts or donations of services or
property.
(11) Administrative assistance.--The Administrator of
General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its
responsibilities under this section. These administrative
services may include human resource management, budget,
leasing, accounting, and payroll services.
(12) Nonapplicability of faca and public access to meetings
and minutes.--
(A) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(B) Meetings and minutes.--
(i) Meetings.--

(I) Administration.--All meetings of the Commission shall
be open to the public, except that a meeting or any portion
of it may be closed to the public if it concerns matters or
information described in section 552b(c) of title 5, United
States Code. Interested persons shall be permitted to appear
at open meetings and present oral or written statements on
the subject matter of the meeting. The Commission may
administer oaths or affirmations to any person appearing
before it.
(II) Notice.--All open meetings of the Commission shall be
preceded by timely public notice in the Federal Register of
the time, place, and subject of the meeting.

(ii) Minutes and public availability.--Minutes of each open
meeting shall be kept and shall contain a record of the
people present, a description of the discussion that
occurred, and copies of all statements filed. The minutes and
records of all open meetings and other documents that were
made available to or prepared for the Commission shall be
available for public inspection and copying at a single
location in the offices of the Commission.
(13) Archiving.--Not later than the date of termination of
the Commission, all records and papers of the Commission
shall be delivered to the Archivist of the United States for
deposit in the National Archives.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for fiscal years 2011 and 2012 such sums are as necessary to
carry out the purposes of this section, not to exceed
$7,000,000 per year for each fiscal year, and not more than
$14,000,000 total. None of the funds appropriated under this
section may be utilized for international travel.
(2) Availability.--Any sums appropriated under the
paragraph (1) shall remain available, without fiscal year
limitation, until expended.
(i) Sunset.--The Commission shall terminate 60 days after
it submits its report to Congress.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2011''.

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

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, $41,042,653,000.

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,

[[Page 19909]]

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, $7,514,896,000.

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, $3,067,431,000.

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, $33,351,597,000.

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,
$37,849,700,000.

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, $5,546,060,000.

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, $36,110,720,000.

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, $30,303,622,000: 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.

[[Page 19910]]

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), $6,504,424,000.

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, $5,969,267,000.

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,
$5,268,991,000, to remain available for obligation until
September 30, 2013.

Missile Procurement, Army

For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,

[[Page 19911]]

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, $1,477,922,000, 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,
$1,857,786,000, 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,
$8,204,605,000, 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, $17,473,588,000, 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,
$3,236,157,000, 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, $5,833,683,000, 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,
$1,238,036,000, 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,

[[Page 19912]]

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, $12,528,779,000, 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,
$5,430,764,000, 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,
$735,487,000, 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, $17,598,331,000, 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, $4,042,241,000, 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),
$74,906,000, to remain available until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

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, $18,447,913,000, 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

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, $21,171,272,000, 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, $1,077,266,000, 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

[[Page 19913]]

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, $31,460,770,000; of which $29,697,516,000
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
$1,228,333,000, 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, $1,207,877,000: 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.
T5Sec. 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

[[Page 19914]]

(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.
Sec. 8008. The Secretaries of the Air Force and the Army
are authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility conversions and
phased repair projects which may include upgrades and
additions to Alaskan range infrastructure and training areas,
and improved access to these ranges.

(transfer of funds)

Sec. 8009. 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. 8010. 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. 8011. 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. 8012. 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. 8013. (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. 8014. 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. 8015. 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. 8016. (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 (41
U.S.C. 47);
(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

[[Page 19915]]

(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. 8017. 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.
Sec. 8018. 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. 8019. 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. 8020. 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. 8021. 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. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. 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. 8024. (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. 8025. (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. 8026. 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. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the

[[Page 19916]]

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. 8028. 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. 8029. (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 title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8030. 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. 8031. (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. 8032. 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. 8033. (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. 8034. 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. 8035. 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. 8036. 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. 8037. (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 title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(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. 8038. 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. 8039. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--

[[Page 19917]]

(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; or
(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. 8040. 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. 8041. 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'',
$116,900,000;
``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'', $184,847,000;
``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'',
$151,300,000;
``Other Procurement, Air Force, 2010/2012'', $36,600,000;
``Research, Development, Test and Evaluation, Army, 2010/
2011'', $53,500,000;
``Research, Development, Test and Evaluation, Air Force,
2010/2011'', $198,600,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2010/2011'', $10,000,000.
Sec. 8042. 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. 8043. 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. 8044. 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. 8045. 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. 8046. (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. 8047. 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. 8048. 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. 8049. 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. 8050. (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. 8051. 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. 8052. 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

[[Page 19918]]

outside the Department of Defense pursuant to section 2012 of
title 10, United States Code.
Sec. 8053. 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. 8054. (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. 8055. Using funds 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. 8056. 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. 8057. 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. 8058. (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. 8059. (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. 8060. 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. 8061. 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. 8062. 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. 8063. 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. 8064. 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. 8065. 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,

[[Page 19919]]

may perform duties in support of the ground-based elements of
the National Ballistic Missile Defense System.
Sec. 8066. 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. 8067. 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. 8068. 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. 8069. 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. 8070. 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. 8071. 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. 8072. 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, 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. 8073. 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. 8074. 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. 8075. 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. 8076. 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. 8077. 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. 8078. In addition to funds made available elsewhere
in this Act, $5,500,000 is hereby appropriated and shall
remain available until expended to provide assistance, by
grant or otherwise (such as the provision of funds for
information technology and textbook purchases, professional
development for educators, and student transition support) to
public schools in states that are considered overseas
assignments with unusually high concentrations of special
needs military dependents enrolled: Provided, That up to 2
percent of the total appropriated funds under this section
shall be available for the administration and execution of
the programs and/or events that promote the purpose of this
appropriation: Provided further, That up to 5 percent of the
total appropriated funds under this section shall be
available to public schools that have entered into a military
partnership: Provided further, That $1,000,000 shall be
available for a nonprofit trust fund to assist in the public-
private funding of public school repair and maintenance
projects: Provided further, That $500,000 shall be available
to fund an ongoing special education support program in
public schools with unusually high concentrations of active
duty military dependents enrolled: Provided further, That to
the extent a Federal agency provides this assistance by
contract, grant, or otherwise, it may accept and expend non-
Federal funds in combination with these Federal funds to
provide assistance for the authorized purpose.
Sec. 8079. (a) In addition to the amounts provided
elsewhere in this Act, $3,200,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Army National Guard''. Such amount shall be made available to
the Secretary of the Army only to make a grant in the amount
of $3,200,000 to the entity specified in subsection (b) to
facilitate access by veterans to opportunities for skilled
employment in the construction industry.

[[Page 19920]]

(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment,
a nonprofit labor-management cooperation committee provided
for by section 302(c)(9) of the Labor-Management Relations
Act, 1947 (29 U.S.C. 186(c)(9)), for the purposes set forth
in section 6(b) of the Labor Management Cooperation Act of
1978 (29 U.S.C. 175a note).
Sec. 8080. 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. 8081. 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. 8082. 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 the Secretary of Defense 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. 8083. 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. 8084. 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. 8085. (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. 8086. 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. 8087. For purposes of section 612 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. 8088. (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. 8089. Of the funds provided in this Act, $7,080,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training
and Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8090. 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. 8091. 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. 8092. 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. 8093. 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. 8094. 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. 8095. 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. 8096. 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. 8097. (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

[[Page 19921]]

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. 8098. 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. 8099. 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. 8100. 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. 8101. The amounts appropriated in title II of this
Act are hereby reduced by $483,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows: From ``Operation and Maintenance, Army'',
$483,000,000.

(including transfer of funds)

Sec. 8102. 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. 8103. 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. 8104. 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. 8105. (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. 8106. (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. 8107. (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. 8108. (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.

[[Page 19922]]

(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. 8109. 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. 8110. 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.
Sec. 8111. (a) Each congressionally directed spending item
specified in this Act or the explanatory statement regarding
this Act intended for award to a for-profit entity shall be
subject to acquisition regulations for full and open
competition on the same basis as each spending item intended
for a for-profit entity that is contained in the budget
request of the President.
(b) Exceptions.--Subsection (a) shall not apply to any
contract awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated preferential
program;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)).
(c) In this section, the term ``congressionally directed
spending item'' means a congressionally directed spending
item, as defined in Rule XLIV of the Standing Rules of the
Senate.

(including transfer of funds)

Sec. 8112. 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. 8113. (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. 8114. 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. 8115. 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. 8116. 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. 8117. 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. 8118. 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. 8119. (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. 8120. 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. 8121. 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

[[Page 19923]]

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. 8122. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $41,400,000
is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make grants in
the amounts specified as follows: $6,400,000 to the SOAR
Virtual School District; $7,800,000 to the New Jersey
Technology Solutions Center; $8,000,000 to the Edward M.
Kennedy Institute for the United States Senate; $10,000,000
to the John P. Murtha Foundation; $1,040,000 to the Women in
Military Service for American Memorial Foundation; $8,000,000
to the Paralympics Military Program; and $160,000 to the
Online Tax Preparation Assistance for Servicemembers.
Sec. 8123. Subject to the availability of appropriations,
the Secretary of the Navy may award a contract or contracts
for up to 20 Littoral Combat Ships (LCS).
Sec. 8124. Section 115 of the Miscellaneous Appropriations
and Offsets Act, 2004 (division H of Public Law 108-199; 118
Stat. 439), as amended by section 1017 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119
Stat. 250), is amended by striking all after ``company''
through ``requirements.'' and inserting ``, of ocean going
commercial vessels of 20,000 dwt or greater capable of
supporting military sealift requirements.''.
Sec. 8125. Of the funds provided in this Act, $3,600,000
shall be available for the operations and development of
training and technology for the Columbia Geospatial Center
and the affiliated universities for providing mapping
information in support of emergency planning and response,
economic development and resource management: Provided, That
this funding will provide homeland defense/security and
traditional warfighting training to the Department of
Defense, other Federal agencies, and State and local first
responder agencies and personnel: Provided further, That this
funding is also available to pay for services provided to
other Federal agencies and State and local first responder
agencies and personnel by the Columbia Geospatial Center and
the affiliated universities for service rendered between
October 1, 2009 and September 30, 2010.
Sec. 8126. The authority provided by section 1222(e) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84), shall continue in effect through
September 30, 2011.
Sec. 8127. The authority provided by section 1234 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2532) shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December
31, 2011.
Sec. 8128. The authority provided by section 1224 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2521) shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December
31, 2011.
Sec. 8129. Notwithstanding any other provision of law,
during fiscal year 2011 up to $75,000,000 of funds made
available for operation and maintenance in this Act may be
obligated and expended for purposes of building the capacity
of Yemeni Ministry of Interior forces to conduct
counterterrorism operations, subject to the direction and
control of the Secretary of Defense, with the concurrence of
the Secretary of State: Provided, That the Secretary of
Defense shall, not fewer than 15 days prior to providing
assistance under this section, submit to the congressional
defense committees a notice setting forth the assistance to
be provided, including the types of such assistance, the
budget for such assistance, and the completion date for the
provision of such assistance.
Sec. 8130. The authority provided by section 1014 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417), shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December
31, 2011.
Sec. 8131. Section 8905a(d)(4)(B) of title 5, United
States Code, is amended--
(1) in clause (i), by striking ``October 1, 2010'' and
inserting ``December 31, 2011''; and
(2) in clause (ii)--
(A) by striking ``February 1, 2011'' and inserting
``February 1, 2012''; and
(B) by striking ``October 1, 2010'' and inserting
``December 31, 2011''.
Sec. 8132. The authority provided by section 1021 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as
amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441),
shall continue in effect through the earlier of the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2011 or September 30, 2011.
Sec. 8133. The authority provided by section 1022 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 371 note), as amended by
section 1012 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), shall
continue in effect through the earlier of the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2011 or September 30, 2011.
Sec. 8134. The authority provided by section 1033 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85), as amended by section 1014 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2442), shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or September
30, 2011.
Sec. 8135. The authority provided by sections 611, 612,
613, 614, 615, and 616 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84) shall continue
in effect through the earlier of the date of enactment of the
National Defense Authorization Act for Fiscal Year 2011 or
December 31, 2011.
Sec. 8136. The authority provided by section 631 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8137. The authority provided by section 1071 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8138. The authority provided by section 931 of the
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8139. The authority provided by section 1106 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84) shall continue in effect through the
earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 8140. (a) Extension of Waiver.--Paragraph (1) of
section 941(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4577; 10 U.S.C. 184 note) is amended by striking
``fiscal years 2009 and 2010'' and inserting ``fiscal years
2009 through 2011.''
(b) Annual Report.--Paragraph (3) of such section 941(b) is
amended by striking ``in 2010

[[Page 19924]]

and 2011'' and inserting ``in each year through 2012.''
Sec. 8141. Subsection (a) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as amended by
section 2806 of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111-84; 123
Stat. 2660), shall continue in effect through September 30,
2011.

TITLE IX

OVERSEAS CONTINGENCY OPERATIONS

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$11,468,033,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$1,308,719,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $732,920,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $2,060,442,000.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$268,031,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$48,912,000.

Reserve Personnel, Marine Corps

For an additional amount for ``Reserve Personnel, Marine
Corps'', $45,437,000.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $27,002,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $853,022,000.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $16,860,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $59,212,782,000.

Operation and Maintenance, Navy

For an additional amount for ``Operation and Maintenance,
Navy'', $8,970,724,000.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $4,008,022,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $12,989,643,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $9,276,990,000, of which:
(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; and
(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.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $93,559,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $29,685,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $203,807,000.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $497,849,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $417,983,000.

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.

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

[[Page 19925]]

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.

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.

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $2,720,138,000, to remain available until September
30, 2013.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$343,828,000, to remain available until September 30, 2013.

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.

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $369,885,000, to remain available until September 30,
2013.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$6,423,832,000, to remain available until September 30, 2013.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $1,269,549,000, to remain available until September
30, 2013.

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'',
$90,502,000, to remain available until September 30, 2013.

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.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$316,835,000, to remain available until September 30, 2013.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$1,589,119,000, to remain available until September 30, 2013.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $1,991,955,000, to remain available until September
30, 2013.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air
Force'', $56,621,000, to remain available until September 30,
2013.

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.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $2,868,593,000, to remain available until September
30, 2013.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$1,262,499,000, to remain available until September 30, 2013.

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.

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.

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.

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.

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.

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.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $485,384,000.

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.

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.

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.

Office of the Inspector General

For an additional amount for the ``Office of the Inspector
General'', $10,529,000.

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.

[[Page 19926]]

(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. The amounts provided by this title are
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
Sec. 9008. 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. 9009. 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. 9010. (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. 9011. 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. 9012. 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. 9013. (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. 9014. (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--

[[Page 19927]]

(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.
This division may be cited as the ``Department of Defense
Appropriations Act, 2011''.

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors,
flood and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.

investigations

For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $150,000,000, to remain
available until expended.

construction

For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,823,625,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects
(including only Kentucky Lock and Dam, Tennessee River,
Kentucky; Lock and Dams 2, 3, and 4 Monongahela River,
Pennsylvania; Lock and Dam 27, Mississippi River, Illinois;
Markland Locks and Dam, Kentucky and Indiana; Olmsted Lock
and Dam, Illinois and Kentucky; and Emsworth Locks and Dam,
Ohio River, Pennsylvania) shall be derived from the Inland
Waterways Trust Fund: Provided, That the Chief of Engineers
is directed to use $20,500,000 of the funds appropriated
herein for the Dallas Floodway Extension, Texas, project,
including the Cadillac Heights feature, generally in
accordance with the Chief of Engineers report dated December
7, 1999: Provided further, That the Chief of Engineers is
directed to use $1,434,000 of funds available for the
Greenbrier Basin, Marlinton, West Virginia, Local Protection
Project to continue engineering and design efforts, execute a
project partnership agreement for phases 1 and 2, and
initiate construction of the project substantially in
accordance with Alternative 1 as described in the Corps of
Engineers Final Detailed Project Report and Environmental
Impact Statement for Marlinton, West Virginia, Local
Protection Project dated September 2008 with the Federal and
non-Federal cost shares determined in accordance with the
ability-to-pay provisions prescribed in section 103(m) of the
Water Resources Development Act of 1986: Provided further,
That the Chief of Engineers is directed to use $2,750,000 of
the funds appropriated herein to continue planning,
engineering, design or construction of the Lower Mingo
County, Upper Mingo County, Wayne County, McDowell County,
West Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided
further, That the limitation concerning total project costs
in section 902 of the Water Resources Development Act of 1986
(33 U.S.C. 2280), shall not apply during fiscal year 2011 to
any project that received funds provided in this title.

mississippi river and tributaries

For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$325,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers is directed to use $10,500,000
appropriated herein for construction of water withdrawal
features of the Grand Prairie, Arkansas, project.

operation and maintenance

For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $2,475,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps established by the Land and
Water Conservation Act of 1965 (16 U.S.C. 460l-6a(i)), shall
be derived from that account for resource protection,
research, interpretation, and maintenance activities related
to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become
available from fees collected under section 217 of the Water
Resources Development Act of 1996 (Public Law 104-303) shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected: Provided, That 1 percent of the total amount
of funds provided for each of the programs, projects or
activities funded under this heading shall be available for
use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be
necessary and appropriate.

regulatory program

For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$193,000,000, to remain available until expended.

formerly utilized sites remedial action program

For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $130,000,000, to
remain available until expended.

flood control and coastal emergencies

For expenses necessary to prepare for flood, hurricane, and
other natural disasters and to support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $30,000,000, to remain available until
expended.

expenses

For expenses necessary for the supervision and general
administration of the civil works program in Corps
headquarters and division offices; and for the management and
operation costs allocable to the civil works program of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the Engineer Research and Development
Center, and the Corps Finance Center, $187,375,000, to remain
available until expended, of which not to exceed $5,000 may
be used for official reception and representation purposes
and only during the current fiscal year: Provided, That no
part of any other appropriation in this title shall be
available to fund the above activities: Provided further,
That any Flood Control and Coastal Emergencies appropriation
may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.

office of the assistant secretary of the army for civil works

For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$6,000,000, to remain available until expended.

administrative provision

The Revolving Fund, Corps of Engineers, shall be available
during the current fiscal year for purchase (not to exceed
100 for replacement only) and hire of passenger motor
vehicles for the civil works program.

[[Page 19928]]

general provisions, corps of engineers--civil

Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2011, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to uses funds directed for a specific activity
for a different purpose, unless prior approval is received
from the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections
6 through 10, unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed to continue ongoing work on any
program, project, or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up
to $3,000,000 may be reprogrammed for settled contractor
claims, changed conditions, or real estate deficiency
judgments: Provided further, That up to $300,000 may be
reprogrammed into continuing any study or activity that did
not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
up to $150,000 may be reprogrammed into continuing any study
or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines as provided in subsections 6 through
8 above apply to the Investigations, Construction, and
Operation and Maintenance portions of the Mississippi River
and Tributaries Account; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimis Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Not later than 60 days after the date of enactment of
this Act, the Corps of Engineers shall submit a report to the
House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: 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 object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. None of the funds in this Act, or previous Acts,
making funds available to the Corps, shall be used to
implement any pending or future competitive sourcing actions
under OMB Circular A-76 or High Performing Organizations for
the U.S. Army Corps of Engineers.
Sec. 103. None of the funds in this Act, or previous Acts,
making funds available to the Corps, shall be used to award
any continuing contract that commits additional funding from
the Inland Waterways Trust Fund unless or until such time
that a long-term mechanism to enhance revenues in this Fund
sufficient to meet the cost-sharing authorized in the Water
Resources Development Act of 1986 (Public Law 99-662) is
enacted.
Sec. 104. Within 120 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report
to the appropriate authorizing and appropriating committees
of the Congress.
Sec. 105. During the fiscal year period covered by this
Act, the Secretary of the Army shall implement measures
recommended in the efficacy study, or provided in interim
reports, authorized under section 3061 of the Water Resources
Development Act of 2007 (121 Stat. 1121), with such
modifications or emergency measures as the Secretary of the
Army determines to be appropriate, to prevent aquatic
nuisance species from bypassing the Chicago Sanitary and Ship
Canal Dispersal Barrier Project referred to in that section
and to prevent aquatic nuisance species from dispersing into
the Great Lakes and such emergency measures as the Secretary
of the Army determines to be appropriate to prevent such
species from dispersing into the Great Lakes by way of any
other hydrologic connections between the Great Lakes and the
Mississippi River.
Sec. 106. That portion of the project for navigation,
Block Island Harbor of Refuge, Rhode Island adopted by the
Rivers and Harbors Act of July 11, 1870, consisting of the
cut-stone breakwater lining the west side of the Inner Basin:
Beginning at a point with coordinates N32579.55, E312625.53,
thence running northerly about 76.59 feet to a point with
coordinates N32655.92, E312631.32, thence running northerly
about 206.81 feet to a point with coordinates N32858.33,
E312673.74, thence running easterly about 109.00 feet to a
point with coordinates N32832.15, E312779.54, shall no longer
be authorized after the date of enactment of this Act.
Sec. 107. Section 595(a)(2) of the Water Resources
Development Act of 1999 (113 Stat. 383; 117 Stat. 1836) is
amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) the portions of Utah County and Weber Counties that
are located outside of a political subdivision, the
population of which is greater than 10,000 residents.''.
Sec. 108. Section 595 of the Water Resources Development
Act of 1999 (113 Stat. 383; 117 Stat. 1836; 118 Stat. 440),
as amended by section 5067 of the Water Resources Development
Act of 2007 (121 Stat. 1219), is amended in subsection (h) by
striking ``$150,000,000 for rural Nevada'' and inserting
``$200,000,000 for rural Nevada''.
Sec. 109. (a) Acquisition.--The Secretary is authorized to
acquire any real property and associated real property
interests in the vicinity of Hanover, New Hampshire as may be
needed for the Engineer Research and Development Center
laboratory facilities at the Cold Regions Research and
Engineering Laboratory.
(b) Revolving Fund.--The Secretary is authorized to use the
Revolving Fund (33 U.S.C. 576) through the Plant Replacement
and Improvement Program to acquire the real property and
associated real property interests in subsection (a). The
Secretary shall ensure that the Revolving Fund is
appropriately reimbursed from the benefitting appropriations.
(c) Right of First Refusal.--The Secretary may provide the
seller of any real property and associated property interests
identified in subsection (a)--
(1) a right of first refusal to acquire such property, or
any portion thereof, in the event the property, or any
portion thereof, is no longer needed by the Department of the
Army.
(2) a right of first refusal to acquire any real property
or associated real property interests acquired by
condemnation in Civil Action No. 81-360-L, in the event the
property, or any portion thereof, is no longer needed by the
Department of the Army.
(3) The purchase of any property by the seller exercising
either right of first refusal authorized in this section
shall be for consideration acceptable to the Secretary and
shall be for not less than fair market value at the time the
property becomes available for purchase. The right of first
refusal authorized in this section shall not inure to the
benefit of the Seller's successors or assigns.
(d) Disposal.--The Secretary of the Army is authorized to
dispose of any property or associated real property interests
that are subject to the exercise of the right of first
refusal as set forth herein.
Sec. 110. The Secretary of the Army, acting through the
Chief of Engineers, is authorized, using amounts available in
the Revolving Fund established by section 101 of the Act of
July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a
Ship/Tow Simulator building, an Engineer Research and
Development Center headquarters building, and a Modular
Hydraulic Flume building, and to purchase real estate,
perform construction, and make facility, utility, street,
road, and infrastructure improvements to the Engineer
Research and Development Center's installations and
facilities. The Secretary shall ensure that the Revolving
Fund is appropriately reimbursed from the benefitting
appropriations.
Sec. 111. Section 3113 of the Water Resources Development
Act, 2007 (121 Stat.

[[Page 19929]]

1041) is amended by striking all after the words ``total cost
of'' and inserting in lieu thereof the following:
``$38,800,000, with an estimated Federal cost of $25,220,000
and an estimated non-Federal cost of $13,580,000.''
Sec. 112. The boundaries of the project referred to as
``Des Moines Recreational River and Greenbelt, Iowa'' in the
Supplemental Appropriations Act, 1985 (99 Stat. 313) are
hereby expanded to include the entirety of sections 19 and
29, situated in T89N, R28W.
Sec. 113. That portion of the project of navigation,
Chicago Harbor, Illinois, authorized by the River and Harbor
Acts of March 3, 1899 and March 2, 1919, and that begins at
the southwest corner of the Metropolitan Sanitary District of
Greater Chicago sluice gate that abuts the north wall of the
Chicago River Lock and that continues north for approximately
290 feet, thence east approximately 1,000 feet, then south
approximately 290 feet, thence west approximately 1,000 feet
to the point of beginning shall no longer be authorized as of
the date of enactment of this Act.
Sec. 114. (a) The Secretary shall assume responsibility for
the long-term maintenance and repair of the major flood
damage reduction features constructed by the Corps of
Engineers at Devils Lake, North Dakota. The City of Devils
Lake, North Dakota, shall be responsible for all costs of
operation and maintenance other than those defined as Long-
Term Maintenance and Repair in subsection (b) below.
(b) Long-Term Maintenance and Repair consists of replacing,
reconstructing, or rehabilitating major flood damage
reduction features such as embankments, pump stations, pumps
and gate wells that: (1) have become dilapidated or in need
of repair as a result of the passage of time or ordinary wear
and tear; or (2) have been damaged or destroyed by wind,
wave, or water action of other than an ordinary nature when,
in the discretion of the Secretary, such replacement,
reconstruction, or rehabilitation is warranted for the
continued functioning of the flood damage reduction project
at Devils Lake.
Sec. 115. Section 111 of title I of division C of the
Consolidated Appropriations Act, 2005 (118 Stat. 2944) as
amended by section 3001 of Public Law 110-114 is further
amended by adding the following before ```(c) Authorization
of Appropriations.''':
```(3) may grant to the City of Tuscaloosa a long term
lease or license agreement for any portion of the Parcel not
required for construction of the new administrative facility
under subsection (a)(2)(c) until such time as the City of
Tuscaloosa is prepared to take fee simple title per the
provisions of subsection (b)(2).'''.
Sec. 116. Section 333 of the Water Resources Development
Act of 1996 (110 Stat. 3718) is further amended to read as
follows:
(1) by striking subsection (b) and inserting the following
in lieu thereof:
``(b) Lands individually acquired by the Secretary under
this section for flood protection and flood management in the
Passaic River Basin are to held by the Secretary and the non-
Federal sponsor as tenants in common with, thereafter, any
interest held by the Secretary in such lands to be
transferred by Quitclaim Deed to the Non-Federal Sponsor for
consideration as is necessary to render the project cost-
sharing percentages to be in compliance with section 903(c)
of the Water Resources Development Act of 1986 (33 U.S.C.
2213) and such other law as may be applicable.''; and
(2) inserting the following as a new subsection (e):
``(e) Funds for Land Acquisition.--Funds for acquiring such
lands as are necessary in carrying out the requirements of
this section and requirements as further recommended by the
Secretary shall include funds as provided in subsection (c)
and (d) of this section herein and also funds as previously
appropriated with any and all such funds to be held by the
Secretary for use in acquiring the requisite lands in
proportion to the project cost-sharing percentages.''.
Sec. 117. Section 3182 of Public Law 110-114 is amended as
follows by inserting a new subparagraph (k) and redesignating
the existing subparagraph (k) as subparagraph (l):
``(k) St. Charles County, Missouri.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Federal land.--The term `Federal land' means the 1
parcel of Corps of Engineers land totaling approximately 84
acres, located U.S. Survey No. 1838, Township 48 North, Range
6 East.
``(B) Non-federal land.--The term `non-Federal land' means
the approximately 70 acres of land, subject to any existing
easements situated in Jersey County, Illinois, adjacent to
existing Corps fee title land.
``(2) Land exchange.--Subject to paragraph (3), on
conveyance by Ameren U.E. to the United States of all right,
title, and interest in and to the non-Federal land, the
Secretary shall convey to Ameren U.E., all right, title, and
interest of the United States in and to the Federal land.
``(3) Conditions.--
``(A) Deeds.--
``(i) Non-federal land.--The conveyance of the non-Federal
land to the Secretary shall be by a warranty deed acceptable
to the Secretary.
``(ii) Federal land.--The conveyance of the Federal land to
Ameren U.E., shall be--

``(I) by quitclaim deed; and
``(II) subject to any reservations, terms, and conditions
that the Secretary determines to be necessary to allow the
United States to operate and maintain the Mississippi River
9-Foot Navigation Project.

``(iii) Legal descriptions.--The Secretary shall provide a
legal description of the Federal land, and Ameren U.E., shall
provide a legal description of the non-Federal land, for
inclusion in the deeds referred to in clauses (i) and (ii).
``(B) Removal of improvements.--
``(i) In general.--The Secretary may require the removal
of, or Ameren U.E., may voluntarily remove, any improvements
to the non-Federal land before the completion of the exchange
or as a condition of the exchange.
``(ii) No liability.--If Ameren U.E., removes any
improvements to the non-Federal land under clause (i)--

``(I) Ameren U.E., shall have no claim against the United
States relating to the removal; and
``(II) the United States shall not incur or be liable for
any cost associated with the removal or relocation of the
improvements.

``(C) Administrative costs.--The Secretary shall require
Ameren U.E. to pay reasonable administrative costs associated
with the exchange.
``(D) Cash equalization payment.--If the appraised fair
market value, as determined by the Secretary, of the Federal
land exceeds the appraised fair market value, as determined
by the Secretary, of the non-Federal land, Ameren U.E. shall
make a cash equalization payment to the United States.
``(E) Deadline.--The land exchange under subparagraph (B)
shall be completed not later than 2 years after the date of
enactment of this Act.''.
Sec. 118. The project for flood control, Little Calumet
River, Indiana, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4115) and
modified by section 127 of the Energy and Water
Appropriations Act, 2006 (119 Stat. 2259), is further
modified to authorize the Secretary to construct the project,
including all necessary tie backs, at a total cost of
$275,000,000, with an estimated Federal cost of $206,000,000,
and an estimated non-Federal cost of $69,000,000.
Sec. 119. The project for ecosystem restoration, Tres
Rios, Arizona, authorized by section 101(b)(4) of the Water
Resources Development Act of 2000 (114 Stat. 2577), is
modified to authorize the Secretary to construct the project
at a total cost of $230,000,000, with an estimated Federal
cost of $149,500,000 and an estimated non-Federal cost of
$80,500,000.

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

central utah project completion account

For carrying out activities authorized by the Central Utah
Project Completion Act, $43,004,000, to remain available
until expended, of which $2,500,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission, and of which $1,694,000 for necessary expenses
incurred in carrying out related responsibilities of the
Secretary of the Interior. For fiscal year 2011, the
Commission may use an amount not to exceed $1,500,000 for
administrative expenses.

Bureau of Reclamation

The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:

water and related resources

(including transfers of funds)

For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $938,600,000, to remain available until
expended, of which $11,746,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$8,627,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That such transfers may be increased or
decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee
account established by 16 U.S.C. 460l-6a(i) shall be derived
from that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended
for the purposes for which contributed: Provided further,
That funds advanced under 43 U.S.C. 397a shall be credited to
this account and are available until expended for the same
purposes as the sums appropriated under this heading:
Provided, That the funds provided herein for the St. Mary
Storage Unit facilities, Milk River Project, Montana, shall
be

[[Page 19930]]

used on a nonreimbursible basis: Provided further, That
$1,476,000 of the funds appropriated under this heading shall
be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of appendix D of Public
Law 106-554: Provided further, That funds available for
expenditure for the Departmental Irrigation Drainage Program
may be expended by the Bureau of Reclamation for site
remediation on a nonreimbursable basis: Provided further,
That of the amounts provided herein, funds may be used for
high priority projects which shall be carried out by the
Youth Conservation Corps, as authorized by 16 U.S.C. 1706.

central valley project restoration fund

For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $49,915,000, to be
derived from such sums as may be collected in the Central
Valley Project Restoration Fund pursuant to sections 3407(d),
3404(c)(3), and 3405(f) of Public Law 102-575, to remain
available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102-575:
Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of
water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.

california bay-delta restoration

(including transfer of funds)

For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$40,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of CALFED Program
management: Provided further, That the use of any funds
provided to the California Bay-Delta Authority for
programwide management and oversight activities shall be
subject to the approval of the Secretary of the Interior:
Provided further, That CALFED implementation shall be carried
out in a balanced manner with clear performance measures
demonstrating concurrent progress in achieving the goals and
objectives of the Program.

policy and administration

For necessary expenses of policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$61,200,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.

administrative provision

Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 5 passenger motor
vehicles, which are for replacement only.

General Provisions--Department of the Interior

Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous appropriations Acts to the agencies or entities
funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2011, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the
funds reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment
of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program-Alternative
Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan''
described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New
Mexico unless said purchase or lease is in compliance with
the purchase requirements of section 202 of Public Law 106-
60.
Sec. 204. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation.
Sec. 205. Section 529(b)(3) of Public Law 106-541 is
amended by striking ``$20,000,000'' and inserting
``$30,000,000'' in lieu thereof.
Sec. 206. (a) Notwithstanding any other provision of law,
of amounts made available under section 2507 of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171), the Secretary of the Interior,
acting through the Commissioner of Reclamation, shall
allocate--
(1) $11,300,000 to the Bureau of Indian Affairs, of which--
(A) $7,400,000 shall be for the participation by the Walker
River Paiute Tribe in the settlement of surface water rights
in the Walker River Basin, including water associated with
the Walker River Indian Reservation;
(B) $1,000,000 shall be for the Walker River Paiute Tribe
for legal and professional services in support of settling
tribal water claims in the Walker River Basin; and
(C) $2,900,000 shall be for the acquisition of property
upstream from and adjacent to the Reservation, title to which
shall be taken in the name of the United States to be held in
trust for the Tribe, and shall be added to the Reservation
and appurtenant water rights which shall be used for the
benefit of Walker Lake;
(2) $2,500,000 to the Federal Water Master of the Walker
River, Nevada, for water monitoring and measurement
improvement in the Walker River Basin;
(3) $3,080,000 to the Environmental Protection Agency, to
provide funding relating to the Anaconda Mine site in Lyon
County, Nevada, of which--
(A) $750,000 shall be for groundwater testing for Arimetco
portions of the site; and
(B) $2,330,000 shall be for a pilot closure of an Arimetco
heap leach pad;
(4) $6,250,000 to provide grants of equal amounts to the
State of Nevada, the State of California, the Truckee Meadows
Water Authority, the Pyramid Lake Paiute Tribe, and the
Federal Water Master of the Truckee River to implement the
Truckee-Carson-Pyramid Lake Water Rights Settlement Act
(title II of Public Law 101-618; 104 Stat. 3294);
(5) $5,000,000 to be divided equally by the City of
Fernley, Nevada, and the Pyramid

[[Page 19931]]

Lake Paiute Tribe for joint planning and development
activities for water, wastewater, and sewer facilities;
(6) $17,200,000 to the Pyramid Lake Paiute Tribe for the
benefit of the Truckee River and Pyramid Lake, of which--
(A) $10,000,000 shall be used for 1 or more of--
(i) implementing the 1996 Truckee River Water Quality
Settlement Agreement; and
(ii) implementing the Newland Project Water Rights Fund for
retirement of water rights;
(B) $4,200,000 shall be used for 1 or more of--
(i) payment to the City of Fernley, with the agreement of
the City, to temporarily transfer water rights owned by the
City to the Truckee River; and
(ii) acquisition of ground-water rights to be traded with
the City of Fernley, with the agreement of the City, for
Truckee River water rights; and
(C) $3,000,000 to acquire interests in fee-patented land,
water rights, or surface rights to land within or contiguous
to the exterior boundaries of the Pyramid Lake Indian
Reservation;
(7) $15,000,000 to an entity selected by the Truckee
Meadows Water Authority, Washoe County, and the cities of
Reno and Sparks, Nevada, to acquire up to 6,700 acre-feet of
water rights to help implement the Truckee River Operating
Agreement;
(8) $500,000 to Washoe County, Nevada, for a Regional
Strategic Initiative to develop wastewater effluent
management and reclaimed water resources;
(9) $5,000,000 to the City of Sparks, Nevada, related to
upgrading and realigning the North Truckee Drain for improved
flood control;
(10) $715,000 to the Pyramid Lake Paiute Tribe to enhance
fish reproduction in the Truckee River watershed and to
develop a water quality model for Pyramid Lake;
(11) $1,500,000 to the Specialty Crop Institute of Western
Nevada College to support alternative crops and alternative
agricultural cooperatives programs that promote water
conservation;
(12) $1,000,000 to the Desert Research Institute to monitor
reservoir evaporation and invasive species in the
southwestern United States, including work in the Walker
Basin; and
(13) not more than $8,455,000 of available funds to the
United States Fish and Wildlife Service to acquire water and
water rights, with or without the land to which the rights
are appurtenant, pursuant to subsection 206(a) of the
Truckee-Carson-Pyramid Lake Water Rights Settlement Act
(title II of Public Law 101-618; 104 Stat. 3308).
(b) Section 208 of the Energy and Water Development and
Related Agencies Appropriations Act, 2010 (Public Law 111-85;
123 Stat. 2858) is amended--
(1) in subsection (a)(1)--
(A) by striking ``$66,200,000'' and inserting
``$81,200,000''; and
(B) by inserting ``, and including associated activities
that enhance recovery of the federally threatened Lahontan
cutthroat trout'' after ``Rivers''; and
(2) in subsection (b)(1)(B)--
(A) in clause (i)(I), after ``inflows'', by inserting
``beginning on the date on which the first lease under the
demonstration program is signed''; and
(B) by adding at the end the following:
``(vii) $15,000,000 to be used as described in subparagraph
(A), as determined by the National Fish and Wildlife
Foundation: Provided, That the National Fish and Wildlife
Foundation shall consult with Mono County, California, prior
to spending any funds under this section to lease surface
water rights appurtenant to lands in California.''.
(c) Section 208(a) of division C of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1953)
is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by adding ``and'' at the end;
(B) by striking subsections (D) and (E); and
(C) by redesignating subparagraph (F) as subparagraph (D);
and
(2) in paragraph (3), by striking ``restoration efforts at
the Summit Lake in Northern Washoe County'' and inserting
``restoration and environmental protection efforts at the
Summit Lake in Humboldt County''.
(d) Notwithstanding this section or any amendment made by
this section, the Commissioner of Reclamation may retain
sufficient amounts from funds allocated to the Commissioner
to administer all financial assistance agreements under the
Desert Terminal Lakes program under section 2507 of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171).
Sec. 207. The Secretary of the Interior may extend the
contract for water services between the United States and the
East Bench Irrigation District, numbered 14-06-600-3593,
until the earlier of--
(1) the date that is 2 years after the date on which the
contract would have expired if this Act had not been enacted;
or
(2) the date on which a new long-term contract is executed
by the parties to the contract.
Sec. 208. The Secretary of the Interior is hereby
directed, through the Commissioner of Reclamation, to amend
or re-issue Seasonal Recreation Use Permits for the Northside
Trailer Areas 1 and 2 and Southside Trailer Area around Heart
Butte Reservoir (Lake Tschida) in North Dakota to extend the
valid time period for those permits from the current 12 years
to 15 years, to be measured from the date of original
issuance, April 3, 2010. The amended or re-issued permits
shall contain language ensuring the affected permits are
fully transferrable for the full 15-year period.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Energy Efficiency and Renewable Energy

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,242,500,000 to
remain available until expended: Provided, That $145,000,000
shall be available until September 30, 2012 for program
direction: Provided further, That within the amounts
appropriated, $211,580,000 shall be used for the projects
specified in the table that appears under the heading
``Congressionally Directed Energy Efficiency and Renewable
Energy Projects'' in the text and table under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).

Electricity Delivery and Energy Reliability

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $172,000,000 to
remain available until expended: Provided, That $27,049,000
shall be available until September 30, 2012 for program
direction: Provided further, That within the amounts
appropriated, $11,050,000 shall be used for the projects
specified in the table that appears under the heading
``Congressionally Directed Electricity Delivery and Energy
Reliability Projects'' in the text and table under this
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That notwithstanding section 3304 of
title 5, United States Code, and without regard to the
provisions of sections 3309 through 3318 of such title 5, the
Secretary of Energy, upon a determination that there is a
severe shortage of candidates or a critical hiring need for
particular positions, may from within the funds provided,
recruit and directly appoint highly qualified individuals
into the competitive service: Provided further, That such
authority shall not apply to positions in the Excepted
Service or the Senior Executive Service: Provided further,
That any action authorized herein shall be consistent with
the merit principles of section 2301 of such title 5, and the
Department shall comply with the public notice requirements
of section 3327 of such title 5.

Nuclear Energy

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not more than 9 buses, all
for replacement only, $775,000,000, to remain available until
expended: Provided, That $86,452,000 shall be available until
September 30, 2012 for program direction: Provided further,
That if by June 30, 2011 the Secretary has not determined to
proceed with the second project phase of the Next Generation
Nuclear Plant program in accordance with section 643(b)(2) of
the Energy Policy Act of 2005, $23,000,000 of the
$103,000,000 appropriated for the Next Generation Nuclear
Plant program shall be transferred to the Small Modular
Reactor program to remain available until expended: Provided
further, That within the amounts appropriated, $7,800,000
shall be used for the projects specified in the table that
appears under the heading ``Congressionally Directed Nuclear
Energy Projects'' in the text and table under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).

Fossil Energy Research and Development

For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition of interest,

[[Page 19932]]

including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological
investigations, and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs under section 2
of the Act of May 16, 1910 (chapter 240; 30 U.S.C. 3) and
sections 3 and 4 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1602
and 1603), $672,000,000, to remain available until expended:
Provided, That $161,000,000 shall be available until
September 30, 2012 for program direction: Provided further,
That within the amounts appropriated, $23,000,000 shall be
used for the projects specified in the table that appears
under the heading ``Congressionally Directed Fossil Energy
Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).

Naval Petroleum and Oil Shale Reserves

For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $23,614,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil
shale reserve activities.

Strategic Petroleum Reserve

For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, (42 U.S.C. 6201 et seq.), $209,861,000, to remain
available until expended.

Northeast Home Heating Oil Reserve

For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act,
$11,300,000, to remain available until expended.

Energy Information Administration

For necessary expenses in carrying out the activities of
the Energy Information Administration, $111,000,000, to
remain available until expended.

Non-Defense Environmental Cleanup

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $244,163,000, to
remain available until expended.

Uranium Enrichment Decontamination and Decommissioning Fund

For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic
Energy Act of 1954, and title X, subtitle A, of the Energy
Policy Act of 1992, $550,000,000 to be derived from the
Uranium Enrichment Decontamination and Decommissioning Fund,
to remain available until expended.

Science

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 57 passenger motor
vehicles, 56 of which are for replacement only, including two
law enforcement vehicles, two ambulances, and two buses,
$4,904,000,000, to remain available until expended: Provided,
That $202,000,000 shall remain available until September 30,
2012 for program direction: Provided further, That within
the amounts appropriated, $61,650,000 shall be used for the
projects specified in the table that appears under the
heading ``Congressionally Directed Office of Science
Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).

advanced research projects agency--energy

For necessary expenses in carrying out the activities
authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $200,000,000, to remain available until
expended: Provided, That $20,000,000 shall remain available
until September 30, 2012 for program direction: Provided
further, That of the funds provided in this paragraph, the
Director shall have the authority to fix basic pay and
payments in addition to basic pay without regard to the civil
service laws, provided that aggregate pay does not exceed the
Vice President's salary as specified in 3 U.S.C. section 104.

Title 17 Innovative Technology Loan Guarantee Program

(including rescission of funds)

Subject to section 502 of the Congressional Budget Act of
1974, amounts necessary to support commitments to guarantee
loans under title XVII of the Energy Policy Act of 2005, not
to exceed a total principal amount of $12,000,000,000, to
remain available until committed: Provided, That of such
amount $8,000,000,000 is for nuclear power facilities and
$4,000,000,000 is for fossil energy technologies: Provided
further, That these amounts are in addition to authorities
provided in any other Act: 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
pursuant to section 1702(b)(2) of the Energy Policy Act of
2005, no appropriations are available to pay the subsidy cost
of such guarantees for nuclear power facilities or fossil
energy technologies: Provided further, That none of the loan
guarantee authority made available in this Act 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 in this Act 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 in this Act 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 in
addition to amounts otherwise made available by this Act,
$405,982,000 is appropriated, to remain available until
expended, for the cost of loan guarantees for projects that
employ: (1) new or significantly improved technologies of
renewable energy systems or efficient end-use energy
technologies under section 1703 of the Energy Policy Act of
2005; or (2) notwithstanding section 1703(a)(2), commercial
technologies of renewable energy systems, efficient end-use
energy technologies, or leading edge biofuel projects:
Provided further, That of the authority provided for
commitments to guarantee loans under ``Department of Energy--
Energy Programs--Title 17 Innovative Technology Loan
Guarantee Program'' in title III of division C of Public Law
111-8 and title III of division C of Public Law 110-161,
$18,000,000,000 are rescinded: 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
appropriations from the general fund estimated at not more
than $0: Provided further, That fees collected under such
section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated.

Advanced Technology Vehicles Manufacturing Loan Program

For administrative expenses in carrying out the Advanced
Technology Vehicles Manufacturing Loan Program, $9,998,000,
to remain available until expended.

Departmental Administration

For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000; $288,872,000, to remain available
until September 30, 2012, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C.

[[Page 19933]]

1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater
amount, to remain available until expended: Provided
further, That moneys received by the Department for
miscellaneous revenues estimated to total $119,740,000 in
fiscal year 2011 may be retained and used for operating
expenses within this account, and shall remain available
until September 30, 2012, as authorized by section 201 of
Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous
revenues received during 2011, and any related appropriated
receipt account balances remaining from prior years'
miscellaneous revenues, so as to result in a final fiscal
year 2011 appropriation from the general fund estimated at
not more than $169,132,000.

Office of the Inspector General

For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $42,850,000, to remain available until
September 30, 2012.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Weapons Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, the purchase of not
to exceed one ambulance and one aircraft; $7,008,835,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, $30,000,000 is directed for
the 09-D-007 LANSCE Refurbishment, Los Alamos National
Laboratory, Los Alamos, New Mexico: Provided further, That
within the amounts appropriated, $2,000,000 shall be used for
the projects specified in the table that appears under the
heading ``Congressionally Directed Weapons Activities
Projects'' in the text and table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).

Defense Nuclear Nonproliferation

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement
only, $2,575,167,000, to remain available until expended.

Naval Reactors

For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $945,133,000, to remain
available until expended.

Office of the Administrator

For necessary expenses of the Office of the Administrator
in the National Nuclear Security Administration, including
official reception and representation expenses not to exceed
$12,000, $438,267,000, to remain available until September
30, 2012: Provided, That within the amounts appropriated,
$13,150,000 shall be used for the projects specified in the
table that appears under the heading ``Congressionally
Directed Office of the Administrator (NNSA) Projects'' in the
text and table under this heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

(including transfer of funds)

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed two ambulances and one fire truck for
replacement only, $5,260,135,000, to remain available until
expended, of which $33,700,000 shall be transferred to the
``Uranium Enrichment Decontamination and Decommissioning
Fund'': Provided, That $355,000,000 shall remain available
until September 30, 2012 for program direction.

Other Defense Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed 10 passenger
motor vehicles for replacement only, $866,317,000, to remain
available until expended: Provided, That $120,244,000 shall
be available until September 30, 2012 for program direction:
Provided further, That within the amounts appropriated,
$2,000,000 shall be used for the projects specified in the
table that appears under the heading ``Congressionally
Directed Other Defense Activities Projects'' in the text and
table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $7,000. During fiscal year 2011, no new direct
loan obligations may be made.

Operation and Maintenance, Southeastern Power Administration

For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary
services pursuant to section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southeastern power
area, $8,034,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5
of the Flood Control Act of 1944, up to $8,034,000 collected
by the Southeastern Power Administration from the sale of
power and related services shall be credited to this account
as discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2011
appropriation estimated at not more than $0: Provided
further, That, notwithstanding 31 U.S.C. 3302, up to
$74,157,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).

Operation and Maintenance, Southwestern Power Administration

For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission
lines, substations and appurtenant facilities, and for
administrative expenses, including official reception and
representation expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the Southwestern Power
Administration, $46,312,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $33,613,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2011 appropriation estimated at
not more than $12,699,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $39,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).

Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration

For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized,

[[Page 19934]]

including official reception and representation expenses in
an amount not to exceed $1,500; $285,864,000 to remain
available until expended, of which $277,430,000 shall be
derived from the Department of the Interior Reclamation Fund:
Provided, That notwithstanding 31 U.S.C. 3302, section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), and section 1
of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $180,306,000 collected by the Western Area Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2011 appropriation estimated at
not more than $105,558,000, of which $97,124,000 is derived
from the Reclamation Fund: Provided further, That of the
amount herein appropriated, $7,627,000 is for deposit into
the Utah Reclamation Mitigation and Conservation Account
pursuant to title IV of the Reclamation Projects
Authorization and Adjustment Act of 1992: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $350,919,000
collected by the Western Area Power Administration pursuant
to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures: Provided
further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in
the same year that they are incurred (excluding purchase
power and wheeling expenses).

Falcon and Amistad Operating and Maintenance Fund

For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$3,715,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $3,495,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2011 appropriation estimated at
not more than $220,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred.

Federal Energy Regulatory Commission

Salaries and Expenses

For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $315,600,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed
$315,600,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 2011 shall be
retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as revenues are received during fiscal year 2011
so as to result in a final fiscal year 2011 appropriation
from the general fund estimated at not more than $0.

GENERAL PROVISIONS--DEPARTMENT OF ENERGY

Sec. 301. (a) None of the funds provided in this title
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $5,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $5,000,000 or 10 percent, whichever is less;
(b) The Secretary of Energy may waive this restriction on
reprogramming under subsection (a) for reasons of national
security, safety and health, environmental risk, or to
accomplish project completion. In instances involving the
National Nuclear Security Administration, the Secretary and
the Administrator must jointly waive the restriction.
Sec. 302. None of the funds made available in this title
and subsequent appropriation acts may be used to prepare or
initiate Requests For Proposals (RFPs) or similar
arrangements (including but not limited to: Requests for
Quotations (RFQs), Requests for Information (RFIs), Funding
Opportunity Announcements (FOAs), etc.) for a program or
activity if the program or activity has not been funded by
Congress.
Sec. 303. None of the funds appropriated by this Act and
subsequent appropriation acts may be used--
(1) to augment the funds made available for obligation by
this Act for severance payments and other benefits and
community assistance grants under section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) unless the Department of
Energy submits a reprogramming request to the appropriate
congressional committees; or
(2) to provide enhanced severance payments or other
benefits for employees of the Department of Energy under such
section; or
(3) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy.
Sec. 304. Plant or construction projects for which amounts
are made available under this and subsequent appropriation
Acts with an estimated cost of less than $10,000,000 are
considered for purposes of section 4703 of the Atomic Energy
Defense Act (50 U.S.C. 2743) as a plant project for which the
approved total estimated cost does not exceed the minor
construction threshold and for purposes of section 4704 of
the Atomic Energy Defense Act (50 U.S.C. 2744) as a
construction project with an estimated cost of less than a
minor construction threshold.
Sec. 305. The unexpended balances of prior appropriations
provided for activities in this title may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 306. Funds appropriated by this or any other 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. 307. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3A, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 308. None of the funds made available in this title
may be used to take any action to authorize the construction
of any liquefied natural gas terminal or its infrastructure
to be located within 5 miles of the City of Fall River,
Massachusetts, or to authorize vessels carrying liquefied
natural gas to serve such terminal.
Sec. 309. None of the funds made available by this title
may be used to make a discretionary grant allocation,
discretionary grant award, discretionary contract award,
Other Transaction Agreement, or to issue a letter of intent
totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered
by the Federal Acquisition Regulation, unless the Secretary
of Energy notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter. The notification shall include the recipient,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, and the account and program
or activity from which the funds are being drawn. If the
Secretary of the Department of Energy determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification and the Committees on Appropriations of the
Senate and the House of Representatives shall be notified not
later than 5 full business days after such an award is made
or letter issued. Purchases of power or transmission services
made by the Federal Power Marketing Administrations shall not
be subject to the notification requirements of this section.
Sec. 310. (a) Notwithstanding any other provision of law,
no funds appropriated in this Act, or any other act, may be
used in fiscal year 2011 to transfer, sell, barter,
distribute, or otherwise provide more than 3.3 million pounds
of natural uranium equivalent of uranium in any form from the
Department's inventory.
(b) Any transfer, sale, barter, distribution, or other
provision of uranium in any form under subsection (a) shall
be carried out consistent with the Department's Excess
Uranium Inventory Management Plan, dated December 16, 2008.

[[Page 19935]]

(c) The prohibition in subsection (a) shall not apply to
the transfer, sale, barter, distribution, or provision of
uranium in any form for use in initial reactor cores.
(d) Not less than 30 days prior to the provision of uranium
in any form in accordance with this section, the Secretary
shall notify the House and Senate Committees on
Appropriations, including:
(1) the amount of uranium to be bartered;
(2) the estimated market value of the uranium;
(3) the expected date of provision of the uranium; and
(4) the recipient of the uranium.
Sec. 311. None of the funds made available by this title
or prior appropriation Acts may be used to make a final or
conditional loan guarantee award unless the Secretary of
Energy provides notification of the award, including the
proposed subsidy cost, to the Committees on Appropriations of
the Senate and the House of Representatives at least three
full business days in advance of such award.
Sec. 312. (a) Submission to Congress.--The Secretary of
Energy shall submit to Congress each year, at 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 energy program reflecting the estimated
expenditures and proposed appropriations included in that
budget. Any such future-years energy program shall cover the
fiscal year with respect to which the budget is submitted and
at least the four succeeding fiscal years. A future-years
energy program shall be included in the fiscal year 2013
budget submission to Congress and every fiscal year
thereafter.
(b) Elements.--Each future-years energy program shall
contain the following:
(1) The estimated expenditures and proposed appropriations
necessary to support programs, projects, and activities of
the Secretary of Energy during the five fiscal year period
covered by the program, expressed in a level of detail
comparable to that contained in the budget submitted by the
President to Congress under section 1105 of title 31, United
States Code.
(2) The estimated expenditures and proposed appropriations
shaped by high-level, prioritized program and budgetary
guidance that is consistent with the Administration's
policies and out-year budget projections and reviewed by the
Department's senior leadership to ensure that the future-
years energy program is consistent and congruent with
previously established program and budgetary guidance.
(3) A description of the anticipated workload requirements
for each national laboratory during the five fiscal year
period.
(c) Consistency in Budgeting.--
(1) The Secretary of Energy shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal
year are consistent with amounts described in subparagraph
(B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information
submitted to Congress by the Secretary of Energy in support
of expenditure estimates and proposed appropriations in the
budget submitted to Congress by the President under section
1105(a) of title 31, United States Code, for any fiscal year,
as shown in the future-years energy program submitted
pursuant to subsection (a).
(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the programs,
projects, and activities of the Administration included
pursuant to paragraph (5) of section 1105(a) of such title in
the budget submitted to Congress under that section for any
fiscal year.

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, for
necessary expenses for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the
Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $76,000,000, to
remain available until expended.

Defense Nuclear Facilities Safety Board

salaries and expenses

For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $26,086,000, to remain available until
expended.

Delta Regional Authority

salaries and expenses

For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382C(b)(2), 382F(d), 382M, and 382N of said Act, $13,000,000,
to remain available until expended.

Denali Commission

For expenses of the Denali Commission including the
purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $11,965,000, to
remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to
exceed 80 percent of total project cost for distressed
communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law
105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for nondistressed communities.

Northern Border Regional Commission

For necessary expenses of the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, notwithstanding section
15751(b), $1,500,000, to remain available until expended.

Southeast Crescent Regional Commission

For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, notwithstanding section
15751(b), $250,000, to remain available until expended.

Nuclear Regulatory Commission

salaries and expenses

For necessary expenses of the Nuclear Regulatory Commission
in carrying out the purposes of the Energy Reorganization Act
of 1974 and the Atomic Energy Act of 1954, including official
representation expenses (not to exceed $25,000),
$1,053,483,000, 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 $915,220,000 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 $138,263,000: Provided further, That of the
amounts appropriated, $10,000,000 is provided to support
university research and development in areas relevant to
their respective organization's mission, and $5,000,000 is to
support a Nuclear Science and Engineering Grant Program that
will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $10,102,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $9,092,000 in fiscal year 2011 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
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 $1,010,000.

Nuclear Waste Technical Review Board

salaries and expenses

For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,891,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects

For necessary expenses for the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects
pursuant to the Alaska Natural Gas Pipeline Act of 2004,
$4,285,000, to remain available until expended: Provided,
That any fees, charges, or commissions received pursuant to
section 802 of Public Law 110-140 in fiscal year 2011 in
excess of $4,683,000 shall not be available for obligation
until appropriated in a subsequent Act of Congress.

TITLE V

GENERAL PROVISIONS

Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in this Act
or any other appropriation Act.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2011''.

[[Page 19936]]

DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2011

TITLE I

DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

(including transfers of funds)

For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business, $334,650,000, of which not to exceed $38,531,000 is
for executive direction program activities; not to exceed
$66,918,000 is for economic policies and programs activities,
including $1,000,000 that shall be transferred to the
National Academy of Sciences for a study by the Board on
Mathematical Sciences and Their Applications on the long-term
economic effects of the aging population in the United
States, to remain available until September 30, 2012; not to
exceed $86,075,000 is for financial policies and programs
activities; not to exceed $102,613,000 is for terrorism and
financial intelligence activities; and not to exceed
$40,512,000 is for Treasury-wide management policies and
programs activities: Provided, That the Secretary of the
Treasury is authorized to transfer funds appropriated for any
program activity of the Departmental Offices to any other
program activity of the Departmental Offices upon
notification to the Committees on Appropriations: Provided
further, That no appropriation for any program activity shall
be increased or decreased by more than 4 percent by all such
transfers: Provided further, That any change in funding
greater than 4 percent shall be submitted for approval to the
Committees on Appropriations: Provided further, That of the
amount appropriated under this heading, not to exceed
$3,000,000, to remain available until September 30, 2012, is
for information technology modernization requirements; not to
exceed $200,000 is for official reception and representation
expenses; $400,000 is to support increased international
representation commitments of the Secretary; and not to
exceed $258,000 is for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further,
That of the amount appropriated under this heading,
$6,787,000, to remain available until September 30, 2012, is
for the Treasury-wide Financial Statement Audit and Internal
Control Program, of which such amounts as may be necessary
may be transferred to accounts of the Department's offices
and bureaus to conduct audits: Provided further, That this
transfer authority shall be in addition to any other provided
in this Act: Provided further, That of the amount
appropriated under this heading, $500,000, to remain
available until September 30, 2012, is for secure space
requirements: Provided further, That of the amount
appropriated under this heading, $1,100,000, to remain
available until September 30, 2012, is for salary and
benefits for hiring of personnel whose work will require
completion of a security clearance investigation in order to
perform highly classified work to further the activities of
the Office of Terrorism and Financial Intelligence: Provided
further, That of the amount appropriated under this heading,
up to $3,400,000, to remain available until September 30,
2013, is to develop and implement programs within the Office
of Critical Infrastructure Protection and Compliance Policy,
including entering into cooperative agreements: Provided
further, That of the amount appropriated under this heading,
$3,000,000, to remain available until September 30, 2013, is
for modernizing the Office of Debt Management's information
technology: Provided further, That notwithstanding any other
provision of law, up to $1,000,000, may be contributed to the
Global Forum on Transparency and Exchange of Information for
Tax Purposes, a Part II Program of the Organization for
Economic Cooperation and Development (OECD), to cover the
cost assessed by that organization for Treasury's
participation therein, and to the Forum on Tax Administration
of the OECD in which the Internal Revenue Service
participates, to support the work of that forum to improve
global tax administration: Provided further, That of the
amount appropriated under this heading, $2,500,000 shall be
to supplement and not supplant training, recruitment,
retention, and hiring additional members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.) and for information
technology in support of acquisition workforce effectiveness
and management.

department-wide systems and capital investments programs

(including transfer of funds)

For development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $11,000,000, to remain available
until September 30, 2013: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.

office of inspector general

salaries and expenses

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,269,000, of which not to exceed $2,000,000 for
official travel expenses, including hire of passenger motor
vehicles; of which not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the
Treasury, and of which not to exceed $2,500 shall be
available for official reception and representation expenses.

treasury inspector general for tax administration

salaries and expenses

For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, including purchase (not to exceed 150 for
replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $155,452,000, of
which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000
shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration;
and of which not to exceed $1,500 shall be available for
official reception and representation expenses.

special inspector general for the troubled asset relief program

salaries and expenses

For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $49,600,000.

Financial Crimes Enforcement Network

salaries and expenses

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses, including for course development, of
non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign
financial intelligence activities, law enforcement, and
financial regulation; not to exceed $14,000 for official
reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without
reimbursement, $121,000,000, of which not to exceed
$45,835,000 shall remain available until September 30, 2013;
and of which $9,268,000 shall remain available until
September 30, 2012: Provided, That funds appropriated in this
account may be used to procure personal services contracts.

Treasury Forfeiture Fund

(rescission)

Of the unobligated balances available under this heading,
$370,000,000 are rescinded.

Financial Management Service

salaries and expenses

For necessary expenses of the Financial Management Service,
$235,253,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2013, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.

Alcohol and Tobacco Tax and Trade Bureau

salaries and expenses

For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $101,000,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement.

United States Mint

united states mint public enterprise fund

Pursuant to 31 U.S.C. 5136, the United States Mint is
provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments.
The aggregate amount of new liabilities and obligations
incurred during fiscal year 2011 under such section 5136 for
circulating coinage and protective service capital
investments of the United States Mint shall not exceed
$25,000,000.

Bureau of the Public Debt

administering the public debt

For necessary expenses connected with any public-debt
issues of the United States,

[[Page 19937]]

$185,985,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses,
and of which not to exceed $2,000,000 shall remain available
until September 30, 2013, for systems modernization:
Provided, That the sum appropriated herein from the general
fund for fiscal year 2011 shall be reduced by not more than
$10,000,000 as definitive security issue fees and Legacy
Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2011
appropriation from the general fund estimated at
$175,985,000. In addition, $110,000 to be derived from the
Oil Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of
Public Law 101-380.

Community Development Financial Institutions Fund Program Account

To carry out the Community Development Banking and
Financial Institutions Act of 1994 (Public Law 103-325),
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for ES-3, notwithstanding 12 U.S.C. 4707(d) and (e),
$277,400,000, to remain available until September 30, 2012;
of which $12,000,000 shall be for financial assistance,
technical assistance, training and outreach programs designed
to benefit Native American, Native Hawaiian, and Alaskan
Native communities and provided primarily through qualified
community development lender organizations with experience
and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and
tribal organizations and other suitable providers; of which
$1,000,000 shall be available for the grant program under
section 1132 of division A of the Housing and Economic
Recovery Act of 2008 (Public Law 110-289); of which,
notwithstanding 12 U.S.C. 4707(d) and (e), up to $25,000,000
shall be for a Healthy Food Financing Initiative to provide
grants and loans to community development financial
institutions for the purpose of offering affordable financing
and technical assistance to expand the availability of
healthy food options in distressed communities; of which up
to $52,400,000 shall be for initiatives designed to enable
individuals with low or moderate income levels to establish
bank accounts and to improve access to the provision of bank
accounts as authorized by sections 1204 and 1205 of Public
Law 111-203, of which not less than $2,400,000 shall be for
an eligible entity or entities located in the State of
Hawaii; of which up to $5,000,000 shall be for grants to
establish loan-loss reserve funds to defray the costs of
small dollar loan programs as authorized by section 1206 of
Public Law 111-203; and of which up to $26,000,000 may be
used for administrative expenses, including administration of
the New Markets Tax Credit.

Internal Revenue Service

taxpayer services

For necessary expenses of the Internal Revenue Service
(IRS) to provide taxpayer services, including pre-filing
assistance and education, filing and account services,
taxpayer advocacy services, and other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,338,215,000, of which not less than
$6,500,000 shall be for the Tax Counseling for the Elderly
Program, of which not less than $10,500,000 shall be
available for low-income taxpayer clinic grants, of which not
less than $14,000,000, to remain available until September
30, 2012, shall be available for a Community Volunteer Income
Tax Assistance matching grants program for tax return
preparation assistance, and of which not less than
$212,500,000 shall be available for operating expenses of the
Taxpayer Advocate Service.

enforcement

(including transfer of funds)

For necessary expenses for tax enforcement activities of
the IRS to determine and collect owed taxes, to provide legal
and litigation support, to conduct criminal investigations,
to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase
(for police-type use, not to exceed 850) and hire passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $5,709,547,000, of which
not less than $60,257,000 shall be for the Interagency Crime
and Drug Enforcement program: Provided, That up to
$10,000,000 may be transferred as necessary from this account
to ``Operations Support'' solely for the purposes of the
Interagency Crime and Drug Enforcement program: Provided
further, That this transfer authority shall be in addition to
any other transfer authority provided in this Act.

operations support

For necessary expenses of the IRS to support taxpayer
services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities;
research and statistics of income; telecommunications;
information technology development, enhancement, operations,
maintenance, and security; the hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $4,079,591,000, of which up
to $75,000,000 shall remain available until September 30,
2012, for information technology support; of which up to
$65,000,000 shall remain available until expended for
acquisition of real property, equipment, construction and
renovation of facilities; and of which not to exceed
$1,000,000 shall remain available until September 30, 2013,
for research; of which not less than $2,000,000 shall be for
the IRS Oversight Board; of which not to exceed $25,000 shall
be for official reception and representation.

business systems modernization

For necessary expenses of the IRS's business systems
modernization program, $364,181,000, to remain available
until September 30, 2013, for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including
related IRS labor costs, and contractual costs associated
with operations authorized by 5 U.S.C. 3109: Provided, That,
with the exception of labor costs, none of these funds may be
obligated until the IRS submits to the Committees on
Appropriations, and such Committees approve, a plan for
expenditure that: (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget (OMB), including Circular A-
11; (2) complies with the IRS's enterprise architecture,
including the modernization blueprint; (3) conforms with the
IRS's enterprise life cycle methodology; (4) is approved by
the IRS, the Department of the Treasury, and OMB; (5) has
been reviewed by the Government Accountability Office; and
(6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.

health insurance tax credit administration

For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $18,987,000.

administrative provisions--internal revenue service

(including transfer of funds)

Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the IRS or not to exceed 3
percent of appropriations under the heading ``Enforcement''
may be transferred to any other IRS appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The IRS shall maintain a training program to
ensure that IRS employees are trained in taxpayers' rights,
in dealing courteously with taxpayers, and in cross-cultural
relations.
Sec. 103. The IRS shall institute and enforce policies and
procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 104. Funds made available by this or any other Act to
the IRS shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800
help line service for taxpayers. The Commissioner shall
continue to make the improvement of the IRS 1-800 help line
service a priority and allocate resources necessary to
increase phone lines and staff to improve the IRS 1-800 help
line service.
Sec. 105. None of the funds made available in this Act may
be used to enter into, renew, extend, administer, implement,
enforce, or provide oversight of any qualified tax collection
contract (as defined in section 6306 of the Internal Revenue
Code of 1986).

Administrative Provisions--Department of the Treasury

(including transfers of funds)

Sec. 106. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 107. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Special Inspector
General for the Troubled Asset Relief Program, Financial
Management Service, Alcohol and Tobacco Tax and Trade Bureau,
Financial Crimes Enforcement Network, and Bureau of the
Public Debt, may be transferred between such appropriations
upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 108. Not to exceed 2 percent of any appropriation
made available in this Act to the IRS may be transferred to
the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the

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Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 2
percent.
Sec. 109. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with departmental
vehicle management principles: Provided, That the Secretary
may delegate this authority to the Assistant Secretary for
Management.
Sec. 110. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 111. The Secretary of the Treasury may transfer funds
from Financial Management Service, Salaries and Expenses to
the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be
reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
Sec. 112. Section 122(g)(1) of Public Law 105-119 (5
U.S.C. 3104 note), is further amended by striking ``12
years'' and inserting ``13 years''.
Sec. 113. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations, the
House Committee on Financial Services, and the Senate
Committee on Banking, Housing and Urban Affairs.
Sec. 114. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations.
Sec. 115. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related 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. 116. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 117. The Secretary of the Treasury shall notify the
Committees on Appropriations of any proposed transfer of
funds available under 31 U.S.C. 9703(g)(4)(B) from the
Department of the Treasury Forfeiture Fund to any agency or
account within the Department of the Treasury: Provided, That
none of the funds identified for such transfer may be
obligated until the Committees on Appropriations approve the
proposed transfers in writing: Provided further, That none of
the funds identified for such transfers may be used to
initiate or resume any project, program, or activity for
which appropriations, funds, or other authority are not
available during fiscal year 2011: Provided further, That
none of the funds identified for such transfer may be used
during fiscal year 2011 for any project, program, or activity
for which appropriations, funds, or other authority will be
necessary to continue or complete such project, program, or
activity in fiscal year 2012 or thereafter without prior
notification of the multi-year nature and cost estimate of
the project, program, or activity and written approval of the
Committees on Appropriations: Provided further, That none of
the funds identified for such transfer may be used for the
purpose of any large-scale information technology
modernization project.
Sec. 118. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
not later than 30 days following the submission of the annual
budget for the Administration submitted by the President.
Such Capital Investment Plan shall include capital investment
spending included in the annual budget for the administration
on programs, projects, or activities of the Department of the
Treasury from all accounts within the Department of the
Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, the Working
Capital Fund account, and the Treasury Forfeiture Fund
account. Such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
This title may be cited as the ``Department of the
Treasury Appropriations Act, 2011''.

TITLE II

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT

Compensation of the President

For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to 31 U.S.C. 1552.

The White House

salaries and expenses

For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103);
and not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President; and for necessary expenses of the
Office of Policy Development, including services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,859,000, of
which not less than $1,400,000 shall be for the Office of
National AIDS Policy.

Executive Residence at the White House

operating expenses

For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $14,006,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.

reimbursable expenses

For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.

White House Repair and Restoration

For the repair, alteration, and improvement of the
Executive Residence at the White House, $2,005,000, to remain
available until expended, for required maintenance,
resolution of safety and health issues, and continued
preventative maintenance.

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,403,000.

[[Page 19939]]

National Security Council and Homeland Security Council

salaries and expenses

For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $14,134,000.

Office of Administration

salaries and expenses

For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$115,280,000, of which $12,777,000 shall remain available
until expended for continued modernization of the information
technology infrastructure within the Executive Office of the
President.

Office of Management and Budget

salaries and expenses

For necessary expenses of the Office of Management and
Budget (OMB), including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109 and to carry out the
provisions of chapter 35 of title 44, U.S.C., $92,863,000, of
which not to exceed $3,000 shall be available for official
representation expenses: Provided, That none of the funds
appropriated in this Act for OMB may be used for the purpose
of reviewing any agricultural marketing orders or any
activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made
available for OMB by this Act may be expended for the
altering of the transcript of actual testimony of witnesses,
except for testimony of officials of OMB, before the
Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior
Acts shall be used, directly or indirectly, by OMB, for
evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to
the Civil Works water resource planning process: Provided
further, That OMB shall have not more than 60 days in which
to perform budgetary policy reviews of water resource matters
on which the Chief of Engineers has reported: Provided
further, That the Director of OMB shall notify the
appropriate authorizing and appropriating committees when the
60-day review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the OMB review period based on the notification
from the Director, Congress shall assume OMB concurrence with
the report and act accordingly.

Government-wide Management Councils

(including transfer of funds)

Notwithstanding 31 U.S.C. 1346 and section 708 of this Act,
the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of
the Director of the Office of Management and Budget (OMB),
funds made available for fiscal year 2011 by this or any
other Act, including rebates from charge card and other
contracts: Provided, That these funds shall be administered
by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations,
initiatives, and activities, as approved by the Director of
OMB, in consultation with the appropriate interagency and
multi-agency groups designated by the Director, including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives: Provided
further, That the total funds transferred or reimbursed shall
not exceed $17,000,000: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year
2011 shall remain available for obligation through September
30, 2012: Provided further, That such transfers or
reimbursements may only be made following written approval of
the Committees on Appropriations.

Office of National Drug Control Policy

salaries and expenses

For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$27,900,000; of which up to $1,235,000 may remain available
until expended upon receipt of an expenditure plan for policy
research and evaluation: Provided, That the Office is
authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal
year limitation, for the purpose of aiding or facilitating
the work of the Office.

federal drug control programs

high intensity drug trafficking areas program

(including transfers of funds)

For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $239,000,000, to remain available until September
30, 2012, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy (``the Director''), of
which up to $2,700,000 may be used for auditing services and
associated activities (including up to $500,000 to ensure the
continued operation and maintenance of the Performance
Management System): Provided further, That, notwithstanding
the requirements of Public Law 106-58, any unexpended funds
obligated prior to fiscal year 2009 may be used for any other
approved activities of that High Intensity Drug Trafficking
Area, subject to reprogramming requirements: Provided
further, That each High Intensity Drug Trafficking Area
designated as of September 30, 2010, shall be funded at not
less than the fiscal year 2010 base level, unless the
Director submits to the Committees on Appropriations
justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug
Control Policy performance measures of effectiveness:
Provided further, That the Director shall notify the
Committees on Appropriations of the initial allocation of
fiscal year 2011 funding among HIDTAs not later than 45 days
after enactment of this Act, and shall notify the Committees
of planned uses of discretionary HIDTA funding, as determined
in consultation with the HIDTA Directors, not later than 90
days after enactment of this Act.

other federal drug control programs

(including transfers of funds)

For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $150,825,000, to remain available until
expended, which shall be available as follows: $40,000,000 to
support a national media campaign; $96,000,000 for the Drug-
Free Communities Program, of which $2,000,000 shall be made
available as directed by section 4 of Public Law 107-82, as
amended by Public Law 109-469 (21 U.S.C. 1521 note);
$1,500,000 for the National Drug Court Institute; $10,000,000
for the United States Anti-Doping Agency for anti-doping
activities; $1,900,000 for the United States membership dues
to the World Anti-Doping Agency; $1,187,500 for the National
Alliance for Model State Drug Laws; and $237,500 for
evaluations and research related to National Drug Control
Program performance measures, which may be transferred to
other Federal departments and agencies to carry out such
activities.

Unanticipated Needs

For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2012.

Integrated, Efficient and Effective Uses of Information Technology

(including transfer of funds)

For necessary expenses for the furtherance of integrated,
efficient, and effective uses of information technology in
the Federal Government, including the development and
operation of government-wide shared information technology
services, the implementation of consolidated, resource-saving
and energy-efficient platforms, and the development and
operation of information technology security services and the
provision of architectural expertise to promote inter-agency
interoperability, $37,500,000, to remain available until
September 30, 2013: Provided, That the Director of the Office
of Management and Budget (OMB) may transfer these funds to
one or more Federal agencies to carry out projects to meet
these purposes: Provided further, That such transfers may
only be made following written approval of the Committees on
Appropriations: Provided further, That the Director of OMB
shall submit a progress report to the Committees on
Appropriations not later than March 31, 2011 and semiannually
thereafter until the program is completed, including detailed
information on goals, objectives, performance measures, and
evaluations of the program in general and of each specific
project funded pursuant to this initiative.

Special Assistance to the President

salaries and expenses

For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned

[[Page 19940]]

functions; services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 106, including subsistence expenses as authorized by 3
U.S.C. 106, which shall be expended and accounted for as
provided in that section; and hire of passenger motor
vehicles, $4,657,000.

Official Residence of the Vice President

operating expenses

(including transfer of funds)

For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 for official
entertainment expenses of the Vice President, to be accounted
for solely on his certificate, $335,000: Provided, That
advances or repayments or transfers from this appropriation
may be made to any department or agency for expenses of
carrying out such activities.

Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President

(including transfers of funds)

Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, 15 days after giving notice to the Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 202. The Director of the Office of National Drug
Control Policy shall submit to the Committees on
Appropriations not later than 60 days after the date of
enactment of this Act, and prior to the initial obligation of
more than 20 percent of the funds appropriated in any account
under the heading ``Office of National Drug Control Policy'',
a detailed narrative and financial plan on the proposed uses
of all funds under the account by program, project, and
activity: Provided, That the reports required by this section
shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information
detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any new
projects and changes in funding of ongoing projects shall be
subject to the prior approval of the Committees on
Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in
this Act made available to the Office of National Drug
Control Policy may be transferred between appropriated
programs upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or
decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations
in this Act made available to the Office of National Drug
Control Policy may be reprogrammed among object class,
program, project, or activity upon the advance approval of
the Committees on Appropriations.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2011''.

TITLE III

THE JUDICIARY

Supreme Court of the United States

salaries and expenses

For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $77,758,000, of which $2,000,000 shall remain
available until expended.

care of the building and grounds

For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $14,788,000, to
remain available until expended, of which $5,000,000 may not
be obligated or expended until the Committee on
Appropriations receives a detailed capital improvements
report as required by Senate Report 111-238, filed on July
29, 2010.

United States Court of Appeals for the Federal Circuit

salaries and expenses

For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $34,273,000.

United States Court of International Trade

salaries and expenses

For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$22,251,000.

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

(including transfer of funds)

For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $5,177,568,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $4,785,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.

defender services

For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A, and
also under 18 U.S.C. 3599, in cases in which a defendant is
charged with a crime that may be punishable by death; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert, and other services under 18
U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2),
in cases in which a defendant is charged with a crime that
may be punishable by death; the compensation (in accordance
with the maximums under 18 U.S.C. 3006A) and reimbursement of
expenses of attorneys appointed to assist the court in
criminal cases where the defendant has waived representation
by counsel; the compensation and reimbursement of travel
expenses of guardians ad litem, appointed under 18 U.S.C.
4100(b); acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United
States has a treaty for the execution of penal sentences (18
U.S.C. 4109(b)); the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement
of expenses of attorneys appointed under 18 U.S.C. 983(b)(1)
in connection with certain judicial civil forfeiture
proceedings; and for necessary training and general
administrative expenses, $1,050,458,000, to remain available
until expended.

fees of jurors and commissioners

For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $52,410,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.

court security

(including transfers of funds)

For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $489,753,000, of
which not to exceed $15,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.

[[Page 19941]]

Administrative Office of the United States Courts

salaries and expenses

For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $86,968,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.

Federal Judicial Center

salaries and expenses

For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $28,284,000; of which
$1,800,000 shall remain available through September 30, 2012,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.

Judicial Retirement Funds

payment to judiciary trust funds

For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $79,061,400; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,300,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$4,000,000.

United States Sentencing Commission

salaries and expenses

For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, U.S.C., $17,595,000, of
which not to exceed $1,000 is authorized for official
reception and representation expenses.

Administrative Provisions--The Judiciary

(including transfer of funds)

Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Within 90 days after the date of the enactment
of this Act, the Administrative Office of the U.S. Courts
shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all
sources of available funds including appropriations, fee
collections, and carryover balances, to include a separate
and detailed plan for the Judiciary Information Technology
Fund, which will establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year.
Sec. 305. Section 3314(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 306. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 307. 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,
plus any additional periods of time in which funding for the
judiciary in fiscal year 2012 is provided by continuing
resolutions'';
(2) in the sixth sentence (relating to the Northern
District of Ohio), by striking ``19 years'' and inserting
``20 years, plus any additional periods of time in which
funding for the judiciary in fiscal year 2012 is provided by
continuing resolutions''; and
(3) in the seventh sentence (relating to the District of
Hawaii), by striking ``16 years'' and inserting ``17 years,
plus any additional periods of time in which funding for the
judiciary in fiscal year 2012 is provided by continuing
resolutions''.
This title may be cited as the ``Judiciary Appropriations
Act, 2011''.

TITLE IV

DISTRICT OF COLUMBIA

Federal Funds

federal payment for resident tuition support

For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $35,100,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations for
these funds showing, by object class, the expenditures made
and the purpose therefor.

federal payment for emergency planning and security costs in the
district of columbia

For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $15,000,000, to remain available
until expended and in addition any funds that remain
available from prior year appropriations under this heading
for the District of Columbia Government, for the costs of
providing public safety at events related to the presence of
the national capital in the District of Columbia, including
support requested by the Director of the United States Secret
Service Division in carrying out protective duties under the
direction of the Secretary of Homeland Security, and for the
costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.

federal payment to the district of columbia courts

For salaries and expenses for the District of Columbia
Courts, $258,168,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $12,998,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the District of Columbia
Superior Court, $110,149,000, of which not to exceed $2,500
is for official reception and representation expenses; for
the District of Columbia Court System, $65,371,000, of which
not to exceed $2,500 is for official reception and
representation expenses; and $69,650,000, to remain available
until September 30, 2012, for capital improvements for
District of Columbia courthouse facilities, including
structural improvements to the District of Columbia cell
block at the Moultrie Courthouse, of which $13,670,000 is for
renovation of courtrooms and chambers in the Moultrie
Courthouse: Provided, That funds made available for capital
improvements shall be expended consistent with the General
Services Administration (GSA) master plan study and building
evaluation report: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the GSA, and such services shall
include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President
and to the Committees on Appropriations, the House Committee
on Oversight and Government Reform, and the Senate Committee
on Homeland Security and Governmental Affairs: Provided
further, That upon prior approval of the Committees on
Appropriations, the District of Columbia Courts may
reallocate not more than 10 percent of the funds provided
under this heading among the items and entities funded under
this heading for operations but no such allocation shall be
increased by more than 10 percent.

[[Page 19942]]

federal payment for defender services in district of columbia courts

For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments for counsel authorized
under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia
Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $55,000,000, to remain available until
expended: Provided, That funds provided under this heading
shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided
on a contractual basis with the General Services
Administration (GSA), and such services shall include the
preparation of monthly financial reports, copies of which
shall be submitted directly by GSA to the President and to
the Committees on Appropriations, the House Committee on
Oversight and Government Reform, and the Senate Committee on
Homeland Security and Governmental Affairs.

federal payment to the court services and offender supervision agency
for the district of columbia

For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $217,783,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which
$1,000,000 shall remain available until September 30, 2013
for relocation of the Pretrial Services Agency drug testing
laboratory; of which $156,472,000 shall be for necessary
expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision
of adults subject to protection orders or the provision of
services for or related to such persons; of which $61,311,000
shall be available to the Pretrial Services Agency: Provided,
That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That
not less than $1,500,000 shall be available for re-entrant
housing in the District of Columbia: Provided further, That
the Director is authorized to accept and use gifts in the
form of in-kind contributions of space and hospitality to
support offender and defendant programs, and equipment and
vocational training services to educate and train offenders
and defendants: Provided further, That the Director shall
keep accurate and detailed records of the acceptance and use
of any gift or donation under the previous proviso, and shall
make such records available for audit and public inspection:
Provided further, That the Court Services and Offender
Supervision Agency Director is authorized to accept and use
reimbursement from the District of Columbia Government for
space and services provided on a cost reimbursable basis.

federal payment to the public defender service for the district of
columbia

For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$40,690,000: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.

federal payment to the district of columbia water and sewer authority

For a Federal payment to the District of Columbia Water and
Sewer Authority, $25,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.

federal payment to the criminal justice coordinating council

For a Federal payment to the Criminal Justice Coordinating
Council, $1,800,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.

federal payment for judicial commissions

For a Federal payment, to remain available until September
30, 2012, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$205,000.

federal payment to the office of the chief financial officer for the
district of columbia

For a Federal payment to the Office of the Chief Financial
Officer for the District of Columbia, $1,475,000, in the
amounts and for the projects specified in the table that
appears under the heading ``Federal Payment to the Office of
the Chief Financial Officer for the District of Columbia'' in
the explanatory statement described in section 4: Provided,
That each entity that receives funding under this heading
shall submit to the Office of the Chief Financial Officer for
the District of Columbia (CFO), not later than 60 days after
enactment of this Act, a detailed budget and comprehensive
description of the activities to be carried out with such
funds, and the CFO shall submit a comprehensive report to the
Committees on Appropriations not later than June 1, 2011.

federal payment for school improvement

For a Federal payment for a school improvement program in
the District of Columbia, $72,400,000, to be allocated as
follows: for the District of Columbia Public Schools,
$43,000,000 to improve public school education in the
District of Columbia; for the State Education Office,
$20,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for
the Secretary of the Department of Education, $9,400,000 to
provide opportunity scholarships for students in the District
of Columbia in accordance with title III of division C of the
District of Columbia Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 126), to remain available until expended,
of which up to $1,000,000 may be used to administer and fund
assessments: Provided, That notwithstanding the second
proviso under this heading in Public Law 111-8, funds
provided herein may only be used to provide opportunity
scholarships to students who received scholarships in the
2010-2011 school year: Provided further, That funds available
under this heading for opportunity scholarships, including
from prior-year appropriations Acts, may be made available
only for scholarships to students who received scholarships
in the 2010-2011 school year: Provided further, That none of
the funds provided in this Act or any other Act for
opportunity scholarships may be used by an eligible student
to enroll in a participating school under the DC School
Choice Incentive Act of 2003 unless (1) the participating
school has and maintains a valid certificate of occupancy
issued by the District of Columbia; (2) the core subject
matter teachers of the eligible student hold 4-year
bachelor's degrees; and (3) the participating school is in
compliance with the accreditation and other standards
prescribed under the District of Columbia compulsory school
attendance laws that apply to educational institutions not
affiliated with the District of Columbia Public Schools:
Provided further, That the Secretary of Education shall
ensure that site inspections of participating schools are
conducted at least twice annually.

federal payment for the district of columbia national guard

For a Federal payment to the District of Columbia National
Guard, $1,375,000, to remain available until expended for the
District of Columbia National Guard, of which $375,000 shall
be available for the ``Major General David F. Wherley, Jr.
District of Columbia National Guard Retention and College
Access Program''.

federal payment for housing for the homeless

For a Federal payment to the District of Columbia,
$10,000,000, to remain available until September 30, 2012, to
support permanent supportive housing programs in the
District.

federal payment for redevelopment of the st. elizabeths hospital campus

For a Federal payment to the District of Columbia,
$2,000,000, to remain available until September 30, 2012, for
planning activities to support redevelopment efforts at the
site of the former St. Elizabeths Hospital in the District of
Columbia.

federal payment for hiv/aids prevention

For a Federal payment to the District of Columbia,
$5,000,000, to remain available until September 30, 2012, to
support initiatives designed to reduce the incidence of human
immunodeficiency virus and acquired immunodeficiency syndrome
in the District of Columbia.

District of Columbia Funds

The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the General Fund
of the

[[Page 19943]]

District of Columbia (``General Fund''), except as otherwise
specifically provided: Provided, That notwithstanding any
other provision of law, except as provided in section 450A of
the District of Columbia Home Rule Act, (114 Stat. 2440; D.C.
Official Code, section 1-204.50a) and provisions of the
Fiscal Year 2011 Budget Request Act, the total amount
appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2011 under this heading
shall not exceed the lesser of the sum of the total revenues
of the District of Columbia for such fiscal year or
$10,440,946,000 (of which $5,790,842,000 shall be from local
funds, (including $402,685,000 from dedicated taxes),
$2,611,497,000 shall be from Federal grant funds,
$2,031,730,000 shall be from other funds, and $6,877,000
shall be from private funds); in addition, $169,650,000 from
funds previously appropriated in this Act as Federal
payments, which does not include funds appropriated under the
American Recovery and Reinvestment Act of 2009: Provided
further, That of the local funds, such amounts as may be
necessary may be derived from the District's General Fund
balance: Provided further, That of these funds the District's
intradistrict authority shall be $567,683,000: in addition
for capital construction projects, an increase of
$1,390,591,000, of which $1,121,261,000 shall be from local
funds, $46,350,000 from the District of Columbia Highway
Trust fund, $32,523,000 from the Local Street Maintenance
fund, $190,457,000 from Federal grant funds, and a rescission
of $741,735,000 from local funds and a rescission of
$145,874,000 from Local Street Maintenance funds appropriated
under this heading in prior fiscal years for a net amount of
$502,983,000, to remain available until expended: Provided
further, That the amounts provided under this heading are to
be available, allocated and expended as proposed under title
III of the Fiscal Year 2011 Budget Request Act of 2010 at the
rate set forth under ``District of Columbia Funds Division of
Expenses'' of the Fiscal Year 2011 Proposed Budget and
Financial Plan submitted to the Congress of the United States
by the District of Columbia: Provided further, That this
amount may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating
or capital needs: Provided further, That such increases shall
be approved by enactment of local District law and shall
comply with all reserve requirements contained in the
District of Columbia Home Rule Act (87 Stat. 777; D.C.
Official Code sec. 1-201.01 et seq.): Provided further, That
the Chief Financial Officer of the District of Columbia shall
take such steps as are necessary to assure that the District
of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District
during fiscal year 2011, except that the Chief Financial
Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for
capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2011''.

TITLE V

INDEPENDENT AGENCIES

Administrative Conference of the United States

salaries and expenses

For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$2,800,000, to remain available until September 30, 2012, of
which not to exceed $1,000 is for official reception and
representation expenses.

Christopher Columbus Fellowship Foundation

salaries and expenses

For payment to the Christopher Columbus Fellowship
Foundation, established by section 423 of Public Law 102-281,
$750,000, to remain available until expended.

Commodity Futures Trading Commission

For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $286,000,000, to remain available
until September 30, 2012, including not to exceed $3,000 for
official reception and representation expenses, and not to
exceed $25,000 for the expenses for consultations and
meetings hosted by the Commission with foreign governmental
and other regulatory officials.

Consumer Product Safety Commission

salaries and expenses

(including rescission)

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $2,000 for official
reception and representation expenses, $120,600,000, of which
$2,000,000 shall remain available until September 30, 2012,
for the grant program under section 1405 of the Virginia
Graeme Baker Pool and Spa Safety Act (Public Law 110-140; 15
U.S.C. 8004): Provided, That of the amount made available
under this heading for such program in title V of division C
of Public Law 111-117, $2,000,000 are rescinded.

Election Assistance Commission

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $17,100,000, 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: Provided,
That $750,000 shall be for the Help America Vote College
Program as authorized by the Help America Vote Act of 2002:
Provided further, That $300,000 shall be for a competitive
grant program to support community involvement in student and
parent mock elections.

election reform programs

For purposes of determining the eligibility of a State to
receive a requirements payment under part 1 of subtitle D of
title II of the Help America Vote Act of 2002 (42 U.S.C.
15401 et seq.) for fiscal year 2011, any unobligated amount
in the election fund of the State under section 254(b) of
such Act which is attributable to interest earned on amounts
appropriated to the fund by the State may, at the option of
the State, be included under section 253(b)(5) of such Act.

Federal Communications Commission

salaries and expenses

For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$355,500,000: Provided, That $355,500,000 of offsetting
collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2011 so as to result in a final fiscal year 2011
appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $355,500,000 in
fiscal year 2011 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2010, shall not be available for obligation:
Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $85,000,000 for fiscal year 2011: Provided
further, That of the amount appropriated under this heading,
not less than $9,345,217 shall be for the salaries and
expenses of the Office of Inspector General.

administrative provisions--federal communications commission

Sec. 501. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2010'', each place it appears and
inserting ``December 31, 2011''.
Sec. 502. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.

Federal Deposit Insurance Corporation

office of the inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $47,916,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.

Federal Election Commission

salaries and expenses

For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $69,800,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.

Federal Labor Relations Authority

salaries and expenses

For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$26,000,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the

[[Page 19944]]

Government service, and compensation as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C.
3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall
be credited to and merged with this account, to be available
without further appropriation for the costs of carrying out
these conferences.

Federal Trade Commission

salaries and expenses

For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$316,500,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $96,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $21,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2011, so as to result in a final fiscal year 2011
appropriation from the general fund estimated at not more
than $199,500,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).

General Services Administration

real property activities

federal buildings fund

limitations on availability of revenue

Amounts in the Fund, including revenues and collections
deposited into the Fund shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $8,666,570,000,
of which: (1) $492,722,000 shall remain available until
expended for construction and acquisition (including funds
for sites and expenses and associated design and construction
services) of additional projects at the following locations:
New Construction:
Colorado:
Lakewood, Denver Federal Center Remediation, $7,957,000.
District of Columbia:
Washington, St. Elizabeths DHS Consolidation and
Development, $267,675,000.
Washington, St. Elizabeths Historic Preservation
Mitigation, $4,990,000.
Washington, St. Elizabeths Highway Interchange, $8,350,000.
Maine:
Calais, Ferry Point Land Port of Entry, $1,552,000.
Maryland:
White Oak, Food and Drug Administration Consolidation,
$173,773,000.
Michigan:
Detroit, P. V. McNamara Federal Building FBI Garage,
$3,658,000.
West Virginia:
Martinsburg, IRS Annex, $24,767,000:

Provided, That, for the new courthouse project in Salt Lake
City, Utah, for which funds have been appropriated in Public
Law 111-117 and other Acts, the total estimated cost,
exclusive of any permitted escalations, shall not exceed
$185,700,000: Provided further, That each of the foregoing
limits of costs on new construction projects may be exceeded
to the extent that savings are effected in other such
projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
all funds for direct construction projects shall expire on
September 30, 2012 and remain in the Federal Buildings Fund
except for funds for projects as to which funds for design or
other funds have been obligated in whole or in part prior to
such date: Provided further, That for fiscal year 2012 and
thereafter, the annual budget submission to Congress for the
General Services Administration shall include a detailed 5-
year plan for Federal building construction projects with a
yearly update of total projected future funding needs:
Provided further, That for fiscal year 2012 and thereafter,
the annual budget submission to Congress for the General
Services Administration shall, in consultation with U.S.
Customs and Border Protection, include a detailed 5-year plan
for Federal land port-of-entry projects with a yearly update
of total projected future funding needs; (2) $500,014,000
shall remain available until expended for repairs and
alterations, which includes associated design and
construction services:
Repairs and Alterations:
California:
Richmond, Frank Hagel Federal Building, $113,620,000.
Van Nuys, James C. Corman Federal Building, $11,039,000.
District of Columbia:
Washington, West Wing Design Phase II, $6,245,000.
Indiana:
Indianapolis, Major General Emmett J. Bean Federal Center,
$65,813,000.
New York:
New York, Daniel Patrick Moynihan United States Courthouse,
$28,000,000.
Special Emphasis Programs:
Energy and Water Retrofit and Conservation Measures,
$15,000,000.
Fire Prevention Program, $10,000,000.
Wellness and Fitness Program, $3,500,000.
Judiciary Capital Security Program, $20,000,000.
Basic Repairs and Alterations, $226,797,000:

Provided further, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
amount identified for each project, except each project in
this or any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from
the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the
funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used
to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations
prospectus projects shall expire on September 30, 2012 and
remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have
been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects; (3) $135,540,000
for installment acquisition payments including payments on
purchase contracts which shall remain available until
expended; (4) $5,216,946,000 for rental of space which shall
remain available until expended; and (5) $2,321,348,000 for
building operations which shall remain available until
expended: Provided further, That funds available to the
General Services Administration shall not be available for
expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by 40
U.S.C. 3307(a), has not been approved, except that necessary
funds may be expended for each project for required expenses
for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund
may be expended for emergency repairs when advance approval
is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable
special services to other agencies under 40 U.S.C. 592(b)(2)
and amounts to provide such reimbursable fencing, lighting,
guard booths, and other facilities on private or other
property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,

[[Page 19945]]

shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2011, excluding
reimbursements under 40 U.S.C. 592(b)(2) in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.

general activities

government-wide policy

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
telecommunications, information technology management, and
related technology activities; and services as authorized by
5 U.S.C. 3109 and the Office of Federal High Performance
Green Buildings; $77,621,000.

operating expenses

For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; the Civilian Board of Contract Appeals;
services as authorized by 5 U.S.C. 3109; and not to exceed
$7,500 for official reception and representation expenses;
$72,203,000.

office of inspector general

For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $61,025,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.

electronic government fund

(including transfer of funds)

For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development
and implementation of innovative uses of the Internet and
other electronic methods, $20,000,000, to remain available
until expended: Provided, That these funds may be transferred
to Federal agencies to carry out the purpose of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this
Act: Provided further, That such transfers may not be made
until 15 days after a proposed spending plan and explanation
for each project to be undertaken has been submitted to the
Committees on Appropriations.

allowances and office staff for former presidents

For carrying out the provisions of 3 U.S.C. 102 note and
Public Law 95-138, $3,907,000.

federal acquisition workforce initiatives fund

(including transfers of funds)

For necessary expenses in support of government-wide
investments in the capacity and capabilities of the
acquisition workforce, $10,000,000; of which $4,000,000 shall
be available for salaries, curriculum development, competency
management, certification management and career management:
Provided, That up to 25 percent of the total amount
appropriated herein may be transferred among such
appropriations: Provided further, That these funds shall be
administered by the Administrator of General Services, as
approved by the Director of OMB: Provided further, That such
funds may be transferred to Federal agencies, as approved by
the Director of OMB, to carry out the purposes provided
herein: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this
Act; and of which $6,000,000 shall be available to create and
maintain the contractor inventory database required by
section 743 of Public Law 111-117.

federal citizen services fund

For necessary expenses of the Office of Citizen Services,
including services authorized by 5 U.S.C. 3109, $36,825,000,
to be deposited into the Federal Citizen Services Fund:
Provided, That the appropriations, revenues, and collections
deposited into the Fund shall be available for necessary
expenses of Federal Citizen Services activities in the
aggregate amount not to exceed $100,000,000. Appropriations,
revenues, and collections accruing to this Fund during fiscal
year 2011 in excess of such amount shall remain in the Fund
and shall not be available for expenditure except as
authorized in appropriations Acts.

administrative provisions--general services administration

(including transfers of funds)

Sec. 510. Funds available to the General Services
Administration (GSA) shall be available for the hire of
passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made
available for fiscal year 2011 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations.
Sec. 512. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2012 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by
GSA, the Judicial Conference of the United States, and OMB;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction
plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 513. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
GSA in compliance with the Public Buildings Amendments Act of
1972 (Public Law 92-313).
Sec. 514. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 515. In any case in which the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works adopt a resolution granting
lease authority pursuant to a prospectus transmitted to
Congress by the Administrator of GSA under 40 U.S.C. 3307,
the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in
the prospectus for all lease agreements, except that, if the
Administrator determines that the delineated area of the
procurement should not be identical to the delineated area
included in the prospectus, the Administrator shall provide
an explanatory statement to each of such committees and the
Committees on Appropriations prior to exercising any lease
authority provided in the resolution.
Sec. 516. In furtherance of the emergency management
policy set forth in the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, the Administrator of GSA may
provide for the use of the GSA Federal supply schedules by
relief and disaster assistance organizations as described in
section 309 of that Act. Purchases under this authority shall
be limited to use in preparation for, response to, and
recovery from hazards as defined in section 602 of that Act.
Sec. 517. Section 37 of the Office of Federal Procurement
Policy Act (41 U.S.C. 433), as amended, is further amended in
paragraph (h)(3)(E) by: (a) deleting ``for training''; and
(b) deleting ``subparagraph (A)'' and inserting in lieu
thereof ``subparagraphs (A) and (C) to (J) of section 405
(d)(5) of this title.''
Sec. 518. (a) The Administrator of General Services
(Administrator), through a deed of release or other
appropriate instrument, may release to the city of Tracy,
California (the City) the reversionary interests retained by
the United States, and all other terms, conditions,
reservations, and restrictions imposed, in connection with
the conveyance of the 200 acres conveyed pursuant to Public
Law 105-277 section 140, as amended by Public Law 106-31
section 3034 and Public Law 108-199 section 411. The exact
acreage and legal description of the parcel to be released
under subsection (a) shall be determined by a survey that is
satisfactory to the Administrator.
(b) As consideration for such release authorized under
subsection (a), the City shall pay to the Administrator an
amount not less than the property's appraised Fair Market
Value as determined by the Administrator. The determination
of the Administrator is final. The Administrator shall
determine the property's Fair Market Value through an
appraisal conducted by a licensed, independent appraiser. The
appraisal shall be based on the property's highest and best
use.
(c) As soon as practicable, but not more than 180 days
after enactment of this Act, the City shall enter into a
binding agreement with the Administrator for the conveyance
described in subsection (a) of this section. The net proceeds
from sale shall be deposited into the Federal Buildings Fund
established under section 592 of title 40, U.S.C.
(d) The City shall be responsible for reimbursing the
Administrator for the costs associated with implementing this
section, including the costs of appraisal and survey. The
Administrator may require such additional terms and
conditions in connection with the release under subsection
(a) as the Administrator considers appropriate to protect the
interests of the United States.
Sec. 519. Funds made available to GSA in the Federal
Buildings Fund shall remain available to fund authorized
increases or

[[Page 19946]]

costs arising from any projects identified in the detailed
plan submitted by GSA pursuant to Public Law 111-5: Provided,
That the Administrator of General Services shall obtain the
advance approval of the Committees on Appropriations for any
project cost increase in an amount greater than 10 percent.
Sec. 520. Of the amounts made available under the heading
``Policy and Operations'' for the maintenance, protection,
and disposal of the U.S. Coast Guard Service Center at
Governor's Island, NY, and the Lorton Correctional Facility
in Lorton, VA in prior years, whether appropriated directly
to GSA or to any other agency of the Government and received
by GSA for such purpose, $1,400,000 in unobligated balances
are rescinded.
Sec. 521. (a) The Administrator of General Services, not
later than 120 days after the date of enactment of this Act,
shall prepare and submit to Congress a building project
survey report related to a consolidated headquarters for the
Federal Bureau of Investigation (FBI) in the Washington
metropolitan region (as defined in 40 U.S.C. 8301).
(b) The building project survey report shall be prepared by
the Administrator of General Services in consultation with
the Director of the FBI, and each strategy described in the
report shall contain, at a minimum, an estimated cost, a
financing and development plan, a budgetary and financial
impact analysis, a procurement and implementation plan, an
analysis of security and information technology issues
specific to the FBI, and a schedule.
(c) The building project survey report shall identify a
preferred strategy.

Harry S Truman Scholarship Foundation

salaries and expenses

For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,000,000 to remain available until expended.

Merit Systems Protection Board

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $41,621,000
together with not to exceed $2,579,000 for administrative
expenses to adjudicate retirement appeals to be transferred
from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.

Morris K. Udall and Stewart L. Udall Foundation

morris k. udall and stewart l. udall trust fund

(including transfer of funds)

For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,500,000, to
remain available until expended, of which up to $50,000 shall
be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-
289) notwithstanding sections 8 and 9 of Public Law 102-259:
Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall and Stewart L. Udall
Foundation for the necessary expenses of the Native Nations
Institute.

environmental dispute resolution fund

For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,800,000, to remain
available until expended.

National Archives and Records Administration

operating expenses

For necessary expenses in connection with the
administration of the National Archives and Records
Administration (NARA) (including the Information Security
Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents and the
activities of the Public Interest Declassification Board, and
for the hire of passenger motor vehicles, and for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 et
seq.), including maintenance, repairs, and cleaning,
$348,689,000.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,250,000.

electronic records archives

For necessary expenses in connection with the development
of the electronic records archives, to include all direct
project costs associated with research, analysis, design,
development, and program management, $72,000,000, of which
$52,500,000 shall remain available until September 30, 2013:
Provided, That none of the multi-year funds may be obligated
until the NARA submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by OMB, including Circular A-11; (2)
complies with NARA's enterprise architecture; (3) conforms
with NARA's enterprise life cycle methodology; (4) is
approved by NARA and OMB; (5) has been reviewed by the
Government Accountability Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.

repairs and restoration

For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$11,848,000, to remain available until expended: Provided,
That language under the heading ``Repairs and Restoration''
in Public Law 109-115 shall be amended by striking ``of which
$1,500,000 is to construct a new regional archives and
records facility in Anchorage, Alaska,'': Provided further,
That language under the heading ``Repairs and Restoration''
in Public Law 108-447 shall be amended by striking ``of which
$3,000,000 is for site preparation and construction
management to construct a new regional archives and records
facility in Anchorage, Alaska, and''.

national historical publications and records commission

grants program

For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $10,000,000, to remain available until expended.

National Credit Union Administration

central liquidity facility

During fiscal year 2011, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall be the amount authorized by section
307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C.
1795f(a)(4)(A)): Provided, That administrative expenses of
the Central Liquidity Facility in fiscal year 2011 shall not
exceed $1,250,000.

community development revolving loan fund

For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2012 for technical
assistance to low-income designated credit unions.

Office of Government Ethics

salaries and expenses

For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including
services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of
passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $14,227,000.

Office of Personnel Management

salaries and expenses

(including transfer of trust funds)

For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $96,439,000, of which $670,210 shall be available to
increase the agency's acquisition workforce capacity and
capabilities; of which $6,004,000 shall remain available
until September 30, 2012 for the Enterprise Human Resources
Integration project; $1,416,000 shall remain available until
September 30, 2012 for the Human Resources Line of Business
project; and in addition $121,738,000 for administrative
expenses, to be transferred from the appropriate trust funds
of OPM without regard to other statutes, including direct
procurement of printed materials, for the retirement and
insurance programs, of which not more than $9,495,000 shall
remain available until September 30, 2012 for the cost of
implementing the new integrated financial system: Provided,
That the provisions of this appropriation shall not affect
the authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, U.S.C.:
Provided further, That no part of this appropriation shall be
available for salaries and expenses of the OPM Legal
Examining Unit established pursuant to Executive Order No.
9358 of July 1, 1943, or any successor unit of like purpose:

[[Page 19947]]

Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2011, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior
years, may be used for the development of publicity materials
to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission: Provided further, That funds to
increase the agency's acquisition workforce capacity and
capabilities shall be available only to supplement and not to
supplant existing acquisition workforce activities, and shall
be available for training, recruitment, retention, and hiring
additional members of the acquisition workforce as defined by
the Office of Federal Procurement Policy Act, as amended (41
U.S.C. 401 et seq.): Provided further, That such acquisition
workforce funds shall be available for information technology
in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management:
Provided further, That such acquisition workforce improvement
funds may be transferred by the Director of OPM to any other
account in the agency to carry out the purposes provided
herein: Provided further, That such transfer authority is in
addition to any other transfer authority provided in this
Act.

office of inspector general

salaries and expenses

(including transfer of trust funds)

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $3,997,000, and in
addition, not to exceed $21,888,000 for administrative
expenses to audit, investigate, and provide other oversight
of OPM's retirement and insurance programs, to be transferred
from the appropriate trust funds of OPM, as determined by the
Inspector General: Provided, That the Inspector General is
authorized to rent conference rooms in the District of
Columbia and elsewhere.

government payment for annuitants, employees health benefits

For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
U.S.C., and the Retired Federal Employees Health Benefits Act
(74 Stat. 849), such sums as may be necessary.

government payment for annuitants, employee life insurance

For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, U.S.C., such sums as may be necessary.

payment to civil service retirement and disability fund

For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, and the
Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter be
paid out of the Civil Service Retirement and Disability Fund.

Office of Special Counsel

salaries and expenses

For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12), Public Law 107-304, and the Uniformed Services
Employment and Reemployment Rights Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of
conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $19,486,000.

Postal Regulatory Commission

salaries and expenses

(including transfer of funds)

For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $14,450,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.

Privacy and Civil Liberties Oversight Board

salaries and expenses

For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note), $1,500,000, to remain available until
September 30, 2012.

Securities and Exchange Commission

salaries and expenses

For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,300,000,000, to remain available until expended; of which
not less than $6,250,000 shall be for the Office of Inspector
General; of which not to exceed $30,000 may be used toward
funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence;
and of which not to exceed $483,130 shall be available to
increase the Commission's acquisition workforce capacity and
capabilities: Provided, That such acquisition workforce funds
may be transferred by the Chairman to any other account in
the Commission to carry out the purposes provided herein:
Provided further, That such transfer authority is in addition
to any other transfer authority provided in this Act:
Provided further, That such acquisition workforce funds shall
be available only to supplement and not to supplant existing
acquisition workforce activities: Provided further, That such
funds shall be available for training, recruitment,
retention, and hiring additional members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 401 et seq.): Provided
further, That such funds shall be available for information
technology in support of acquisition workforce effectiveness
and management: Provided further, That fees and assessments
authorized by sections 6(b) of the Securities Exchange Act of
1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g),
and 78ee), as in effect on the day before the date of
enactment of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203, 124 Stat. 1376) shall be
credited to this account as offsetting collections: Provided
further, That not to exceed $1,300,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund
for fiscal year 2011 shall be reduced as such offsetting
collections are received so as to result in a final total
fiscal year 2011 appropriation from the general fund
estimated at not more than $0.

Selective Service System

salaries and expenses

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $24,275,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.

Small Business Administration

salaries and expenses

For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
108-447, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$459,125,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program
activities, including fees authorized by section 5(b) of the
Small Business Act: Provided further, That, notwithstanding
31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That $115,250,000 shall be
available to fund grants for performance in fiscal year 2011
or fiscal year 2012 as authorized by section 21 of the Small
Business Act, of which $1,000,000 shall be for the Veterans
Assistance and Services Program authorized by section 21(n)
of the Small Business Act, and of which $1,000,000 shall be
for the Small

[[Page 19948]]

Business Energy Efficiency Program authorized by section
1203(c) of Public Law 110-140: Provided further, That
$22,000,000 shall remain available until September 30, 2012
for marketing, management, and technical assistance under
section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4))
by intermediaries that make microloans under the microloan
program: Provided further, That during fiscal year 2011, the
applicable percentage under section 7(m)(4)(A) of the Small
Business Act shall be 50 percent: Provided further, That
$15,347,700 shall be available for the Loan Modernization and
Accounting System, to be available until September 30, 2012:
Provided further, That $2,000,000 shall be for the Federal
and State Technology Partnership Program under section 34 of
the Small Business Act (15 U.S.C. 657d): Provided further,
That $1,000,000, to remain available until September 30,
2012, shall be for a pilot program to provide financial
assistance in the form of grants or cooperative agreements to
educational institutions, nonprofit organizations, or State
and local departments and agencies for the purposes of
providing management or technical assistance to Hispanic
small businesses: Provided further, That $1,767,090 shall be
to supplement and not supplant training, recruitment,
retention, and hiring additional members of the acquisition
workforce as defined by the Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.) and for information
technology in support of acquisition workforce effectiveness
and management.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $18,000,000.

business loans program account

(including transfer of funds)

For the cost of direct loans, $4,000,000, to remain
available until expended, and for the cost of guaranteed
loans as authorized by section 7(a) of the Small Business
Act, $79,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2011 commitments to guarantee loans
under section 503 of the Small Business Investment Act of
1958 shall not exceed $7,500,000,000: Provided further, That
during fiscal year 2011 commitments for general business
loans authorized under section 7(a) of the Small Business Act
shall not exceed $17,500,000,000 for a combination of
amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That
during fiscal year 2011 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958, shall not exceed $3,000,000,000:
Provided further, That during fiscal year 2011, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$157,000,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.

disaster loans program account

(including transfers of funds)

For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$193,000,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $183,000,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which
may be transferred to and merged with the appropriations for
Salaries and Expenses.

administrative provisions--small business administration

(including transfer of funds)

Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 531. All disaster loans issued in Alaska or North
Dakota shall be administered by the Small Business
Administration and shall not be sold during fiscal year 2010.
Sec. 532. Funds made available under Public Law 111-8 and
Public Law 111-117 for Community Links Hawaii shall be made
available to the Pacific International Center for High
Technology Research.
Sec. 533. Public Law 111-240 is amended in section 1114
and section 1704 by striking ``December 31, 2010'' and
inserting ``September 30, 2011'' each time it appears and in
section 1704 by adding at the end the following: ``(c) For
purposes of the loans made under this section, the maximum
guaranteed amount outstanding to the borrower may not exceed
$4,500,000.''
Sec. 534. For an additional amount under the heading
``Small Business Administration--Salaries and Expenses,''
$47,575,000 to remain available until September 30, 2012,
which shall be for initiatives related to small business
development and entrepreneurship, including programmatic and
construction activities, in the amounts and for the projects
specified in the table that appears under the heading
``Administrative Provisions--Small Business Administration''
in the explanatory statement to accompany this Act.

United States Postal Service

payment to the postal service fund

For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of 39 U.S.C. 2401, $103,905,000, of which $74,905,000
shall not be available for obligation until October 1, 2011:
Provided, That mail for overseas voting and mail for the
blind shall continue to be free: Provided further, That 6-day
delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the
funds made available to the Postal Service by this Act shall
be used to implement any rule, regulation, or policy of
charging any officer or employee of any State or local child
support enforcement agency, or any individual participating
in a State or local program of child support enforcement, a
fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices in fiscal
year 2011.

office of inspector general

salaries and expenses

(including transfer of funds)

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $244,397,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).

United States Tax Court

salaries and expenses

For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $55,053,000,
of which $2,852,000 shall remain available until September
30, 2012: Provided, That travel expenses of the judges shall
be paid upon the written certificate of the judge.

TITLE VI

GENERAL PROVISIONS--THIS ACT

Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2011, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the

[[Page 19949]]

agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations: Provided, That prior
to any significant reorganization or restructuring of
offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on
Appropriations: Provided further, That not later than 60 days
after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on
Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, 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
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2011 from
appropriations made available for salaries and expenses for
fiscal year 2011 in this Act, shall remain available through
September 30, 2012, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
U.S.C.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management (OPM) may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to OPM
pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in the Buy American Act (41 U.S.C. 10a et seq.), shall
not apply to the acquisition by the Federal Government of
information technology (as defined in 40 U.S.C. 11101), that
is a commercial item (as defined in section 4(12) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
Sec. 616. Notwithstanding 31 U.S.C. 1353, no officer or
employee of any regulatory agency or commission funded by
this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a
non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee
to attend and participate in any meeting or similar function
relating to the official duties of the officer or employee
when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission,
or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
Sec. 617. The Public Company Accounting Oversight Board
shall have authority to obligate funds for the scholarship
program established by section 109(c)(2) of the Sarbanes-
Oxley Act of 2002 (Public Law 107-204) in an aggregate amount
not exceeding the amount of funds collected by the Board as
of December 31, 2010, including accrued interest, as a result
of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2011 shall remain available until
expended.
Sec. 618. From the unobligated balances of prior year
appropriations made available for the Privacy and Civil
Liberties Oversight Board, $1,500,000 are rescinded.
Sec. 619. During fiscal year 2011, for purposes of section
908(b)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term
``payment of cash in advance'' shall be interpreted as
payment before the transfer of title to, and control of, the
exported items to the Cuban purchaser.
Sec. 620. (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) Extension of Grant Program.--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''.
Sec. 621. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 622. 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. 623. Section 1107 of 31 U.S.C. 1107 is amended by
adding to the end thereof the following: ``The President
shall transmit promptly to Congress without change, proposed
deficiency and supplemental appropriations submitted to the
President by the legislative branch and the judicial
branch.''.
Sec. 624. Section 7 of the Abraham Lincoln Commemorative
Coin Act (31 U.S.C. Sec. 5112 note) is amended in subsection
(b) by striking ``Abraham Lincoln Bicentennial Commission to
further the work of the Commission'' and inserting ``Abraham
Lincoln Bicentennial Foundation for the purposes of
commemorating the bicentennial of the birth of Abraham
Lincoln, and fostering and promoting the awareness and study
of the life of Abraham Lincoln'' and in subsection (c) by
striking ``Abraham Lincoln Bicentennial Commission'' and
inserting ``Abraham Lincoln Bicentennial Foundation''.
Sec. 625. Of the unobligated balances available to the
Federal Communications Commission from prior appropriations
under the heading ``Salaries and Expenses'', $2,800,000 are
hereby rescinded.

TITLE VII

GENERAL PROVISIONS--GOVERNMENT-WIDE

Departments, Agencies, and Corporations

Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2011 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with 31 U.S.C. 1343(c), for the purchase of any
passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby
fixed at $13,197 except station wagons for which the maximum
shall be $13,631: Provided, That these limits may be exceeded
by not to exceed $3,700 for police-type vehicles, and by not
to exceed $4,000 for special heavy-duty vehicles: Provided
further, That the limits set forth in this section may not be
exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under

[[Page 19950]]

the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further,
That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further,
That the limits set forth in this section 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. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person
who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such
person shall be considered prima facie evidence that the
requirements of this section with respect to his or her
status are being complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who
is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens
employed by the Department of the Interior or the USDA Forest
Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13423
(January 24, 2007), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
U.S.C., shall be available, in addition to objects for which
such funds are otherwise available, for rent in the District
of Columbia; services in accordance with 5 U.S.C. 3109; and
the objects specified under this head, all the provisions of
which shall be applicable to the expenditure of such funds
unless otherwise specified in the Act by which they are made
available: Provided, That in the event any functions budgeted
as administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative
expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 710. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2011, by this
or any other Act, may be used to pay any prevailing rate
employee described in 5 U.S.C. 5342(a)(2)(A)--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2011, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2011, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
2011 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2011 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, U.S.C., and no employee
covered by section 5348 of such title, may be paid during the
periods for which subsection (a) is in effect at a rate that
exceeds the rates that would be payable under subsection (a)
were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 2010, shall
be determined under regulations prescribed by the Office of
Personnel Management (OPM).
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2010,
except to the extent determined by OPM to be consistent with
the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2010.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) OPM may provide for exceptions to the limitations
imposed by this section if OPM determines that such
exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 711. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned
to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled
by the individual.
Sec. 712. Notwithstanding section 31 U.S.C. 1346, or
section 708 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for
the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 713. (a) None of the funds appropriated by this or any
other Act may be obligated or

[[Page 19951]]

expended by any Federal department, agency, or other
instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-
determining character excepted from the competitive service
pursuant to 5 U.S.C. 3302, without a certification to OPM
from the head of the Federal department, agency, or other
instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department
of Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 714. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 715. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants--
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 716. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order No. 12958; 5 U.S.C. 7211 (governing disclosures to
Congress); 10 U.S.C. 1034, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); 5 U.S.C. 2302(b)(8), as
amended by the Whistleblower Protection Act of 1989
(governing disclosures of illegality, waste, fraud, abuse or
public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure
that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, U.S.C., and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C.
783(b)). The definitions, requirements, obligations, rights,
sanctions, and liabilities created by said Executive order
and listed statutes are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement
that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other
than an employee or officer of the United States Government,
may contain provisions appropriate to the particular activity
for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
Sec. 717. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 718. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 719. None of the funds made available in this Act or
any other Act may be used to provide any non-public
information such as mailing or telephone lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations.
Sec. 720. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by the Congress.
Sec. 721. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105;
(2) includes a military department, as defined under
section 102 of such title, the Postal Service, and the Postal
Regulatory Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 723. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 724. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget (OMB) shall provide a report describing
the budget of and resources connected with the National
Science and Technology Council to the Committees on
Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science,
and Transportation 90 days after enactment of this Act.
Sec. 725. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall indicate the agency providing the funds, the Catalog of
Federal Domestic Assistance Number, as applicable, and the
amount provided: Provided, That this provision shall apply to
direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 726. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--

[[Page 19952]]

(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 727. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 728. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official
anti-doping agency for Olympic, Pan American, and Paralympic
sport in the United States.
Sec. 729. Notwithstanding any other provision of law,
funds appropriated for official travel by Federal departments
and agencies may be used by such departments and agencies, if
consistent with OMB Circular A-126 regarding official travel
for Government personnel, to participate in the fractional
aircraft ownership pilot program.
Sec. 730. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or
enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the
proposed regulations of OPM to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 731. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center
facilities.
Sec. 732. (a) For fiscal year 2011, no funds shall be
available for transfers or reimbursements to the E-Government
initiatives sponsored by OMB prior to 15 days following
submission of a report to the Committees on Appropriations by
the Director of OMB and receipt of approval to transfer funds
by the Committees on Appropriations.
(b) The report in subsection (a) and other required
justification materials shall include at a minimum--
(1) a description of each initiative including but not
limited to its objectives, benefits, development status,
risks, cost effectiveness (including estimated net costs or
savings to the government), and the estimated date of full
operational capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(c) No funds shall be available for obligation or
expenditure for new E-Government initiatives without the
explicit approval of the Committees on Appropriations.
Sec. 733. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act and any other provision of law, the head of each
appropriate executive department and agency shall transfer to
or reimburse the United States Fish and Wildlife Service,
upon the direction of the Director of OMB, funds made
available by this or any other Act for the purposes described
below, and shall submit budget requests for such purposes.
These funds shall be administered by the U.S. Fish and
Wildlife Service, in consultation with the appropriate
interagency groups designated by the Director and shall be
used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the U.S. Fish and Wildlife Service
pursuant to an operational agreement with the Federal
Aviation Administration for the entirety of fiscal year 2011
and any period thereafter that precedes the enactment of the
Financial Services and General Government Appropriations Act,
2012. The Director of OMB shall mandate the necessary
transfers after determining an equitable allocation between
the appropriate executive departments and agencies of the
responsibility for funding the continuous operation of the
Midway Atoll Airfield based on, but not limited to, potential
use, interest in maintaining aviation safety, and
applicability to governmental operations and agency mission.
The total funds transferred or reimbursed shall not exceed
$6,000,000 for any 12-month period. Such sums shall be
sufficient to ensure continued operation of the airfield
throughout the period cited above. Funds shall be available
for operation of the airfield or airfield-related capital
upgrades. The Director of OMB shall notify the Committees on
Appropriations of such transfers or reimbursements within 15
days of this Act. Such transfers or reimbursements shall
begin within 30 days of enactment of this Act.
Sec. 734. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to OMB Circular A-76
or any other administrative regulation, directive, or policy.
Sec. 735. Unless otherwise authorized by existing law,
none of the funds provided in this Act or any other Act may
be used by an executive branch agency to produce any
prepackaged news story intended for broadcast or distribution
in the United States, unless the story includes a clear
notification within the text or audio of the prepackaged news
story that the prepackaged news story was prepared or funded
by that executive branch agency.
Sec. 736. None of the funds made available in this Act may
be used in contravention of 5 U.S.C. 552a (popularly known as
the Privacy Act) and regulations implementing that section.
Sec. 737. Each executive department and agency shall
evaluate the creditworthiness of an individual before issuing
the individual a government travel charge card. Such
evaluations for individually billed travel charge cards shall
include an assessment of the individual's consumer report
from a consumer reporting agency as those terms are defined
in section 603 of the Fair Credit Reporting Act (Public Law
91-508): Provided, That the department or agency may not
issue a government travel charge card to an individual that
either lacks a credit history or is found to have an
unsatisfactory credit history as a result of this evaluation:
Provided further, That this restriction shall not preclude
issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency procedures to: (1) an
individual with an unsatisfactory credit history where such
card is used to pay travel expenses and the agency determines
there is no suitable alternative payment mechanism available
before issuing the card; or (2) an individual who lacks a
credit history. Each executive department and agency shall
establish guidelines and procedures for disciplinary actions
to be taken against agency personnel for improper,
fraudulent, or abusive use of government charge cards, which
shall include appropriate disciplinary actions for use of
charge cards for purposes, and at establishments, that are
inconsistent with the official business of the Department or
agency or with applicable standards of conduct.
Sec. 738. (a) Definitions.--For purposes of this section
the following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great
Lakes State'' have the same meanings as such terms have in
section 506 of the Water Resources Development Act of 2000
(42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great
Lakes restoration activities'' means any Federal or State
activity

[[Page 19953]]

primarily or entirely within the Great Lakes watershed that
seeks to improve the overall health of the Great Lakes
ecosystem.
(b) Report.--Not later than 45 days after submission of the
budget of the President to Congress, the Director of OMB, in
coordination with the Governor of each Great Lakes State and
the Great Lakes Interagency Task Force, shall submit to the
appropriate authorizing and appropriating committees of the
Senate and the House of Representatives a financial report,
certified by the Secretary of each agency that has budget
authority for Great Lakes restoration activities,
containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any planned
interagency or intra-agency transfer, for each of the Federal
agencies that carries out Great Lakes restoration activities
in the upcoming fiscal year, separately reporting the amount
of funding to be provided under existing laws pertaining to
the Great Lakes ecosystem; and
(B) identifies all expenditures since fiscal year 2004 by
the Federal Government and State governments for Great Lakes
restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent
available, State agencies using Federal funds, for Great
Lakes restoration activities during the current and previous
fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with
the Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.
Sec. 739. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by OPM
in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 741. Section 743 of the Consolidated Appropriations
Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is
amended--
(1) in subsection (a)(3), by inserting after ``exercise of
an option'' the following: ``, and task orders issued under
any such contract,'';
(2) in subsection (a)(3)(G), by inserting before the period
at the end the following: ``, using direct labor hours and
associated cost data collected from contractors'';
(3) in subsection (e)(2)(B), by striking the text and
inserting the following: ``the contracts exclude to the
maximum extent practicable functions that are closely
associated with inherently governmental functions;''; and
(4) by redesignating subsections (h) and (i) as subsections
(i) and (j) and by inserting after subsection (g) the
following new subsection:
``(h) Submission of Report on Actions Taken Before Public-
private Competition May Occur.--An executive agency may not
begin, plan for, or announce a study or public-private
competition regarding the conversion to contractor
performance of any function performed by Federal employees
pursuant to OMB Circular A-76 or any other administrative
regulation or directive until after that agency has submitted
to OMB a report, pursuant to subsection (f), that includes
actions taken to convert from contractor to Federal employee
performance functions that are not inherently governmental,
closely associated with governmental functions, critical, or
should not otherwise be reserved for performance by Federal
employees. This subsection shall take effect beginning with
the report required under subsection (f) that is included as
an attachment to the annual inventory due by December 31,
2011.''.
Sec. 742. (a) The Vice President may not receive a pay rate
increase in calendar year 2011, notwithstanding 3 U.S.C. 104
or any other provision of law.
(b) An individual serving in an Executive Schedule
position, or in a position for which the rate of pay is fixed
by statute at an Executive Schedule rate, may not receive a
pay rate increase in calendar year 2011, notwithstanding
schedule adjustments made under 5 U.S.C. 5318, or any other
provision of law, except as provided in subsection (g) or
(h). The preceding sentence applies only to individuals who
are holding a position in which they serve at the pleasure of
the President or other appointing official.
(c) A chief of mission or ambassador at large may not
receive a pay rate increase in calendar year 2011,
notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law,
except as provided in subsection (g) or (h).
(d) A noncareer appointee in the Senior Executive Service
may not receive a pay rate increase in calendar year 2011,
notwithstanding sections 5382 and 5383 of title 5, U.S.C.
(e) Any employee paid a rate of basic pay (including
locality-based payments under 5 U.S.C. 5304 or similar
authority) at or above level IV of the Executive Schedule who
serves at the pleasure of the appointing official may not
receive a pay rate increase in calendar year 2011,
notwithstanding any other provision of law, except as
provided in subsection (g) or (h). This subsection does not
apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under 5
U.S.C. 3161, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51
of title 5, U.S.C., applied to them.
(f) Nothing in this section shall prevent employees who do
not serve at the pleasure of the appointing official from
receiving pay increases as otherwise provided under
applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements
under 5 U.S.C. 3392, is not subject to this section.
(h) A member of Senior Foreign Service who receives a
Presidential appointment to any position in the executive
branch and who makes an election to retain Senior Foreign
Service pay entitlements under section 302(b)of the Foreign
Service Act of 1980 (Public Law 96-465) is not subject to
this section.
Sec. 743. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
Sec. 744. (a) Study.--The Comptroller General of the United
States shall conduct a study of the feasibility of allowing
agencies of the Federal Government to impose convenience fees
for the use of credit cards for the purchase of goods or
services by individuals or businesses from Federal agencies,
where such convenience fees would be designed to recover the
cost to the Federal agency of accepting credit card payments.
(b) Considerations.--In conducting the study required by
subsection (a), the Comptroller General shall take into
consideration--
(1) the impact of convenience fees on consumers;
(2) the extent to which convenience fees would affect the
ability of smaller financial institutions and credit unions
to offer basic banking and other services, as well as compete
against larger financial institutions; and
(3) the impact of convenience fees on Federal agencies and
departments.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a
report to Congress on the results of the study required by
this section.

TITLE VIII

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

(including transfer of funds)

Sec. 801. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 802. Appropriations in this Act shall be available
for expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor, or, in the
case of the Council of the District of Columbia, funds may be
expended with the authorization of the Chairman of the
Council.
Sec. 803. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 804. (a) None of the Federal funds provided in this
Act shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter.
Sec. 805. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for

[[Page 19954]]

obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,

unless the Committees on Appropriations are notified in
writing 15 days in advance of the reprogramming.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 1, 2011.
Sec. 806. Consistent with the provisions of 31 U.S.C.
1301(a), appropriations under this Act shall be applied only
to the objects for which the appropriations were made except
as otherwise provided by law.
Sec. 807. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 808. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a
District of Columbia government employee as may otherwise be
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day or is otherwise
designated by the Fire Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day or is
otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of
Columbia.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 810. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 811. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 812. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations, the House
Committee on Oversight and Government Reform, and the Senate
Committee on Homeland Security and Governmental Affairs
annual reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs, the retention rates in
treatment programs, and the recidivism/re-arrest rates for
treatment participants;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in
consultation with the District of Columbia Public Schools and
the District of Columbia public charter schools, repeated
grade rates, high school graduation rates, post-secondary
education attendance rates, and teen pregnancy rates;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the
District was eligible but failed to apply and the number and
type of grants awarded to the District but for which the
District failed to spend the amounts received;
(7) indicators of child and family well-being including
child living arrangements by family structure, number of
children aging out of foster care, poverty rates by family
structure, crime by family structure, marriage rates by
income quintile, and out-of-wedlock births; and
(8) employment, including job status and participation in
assistance programs by income, education and family
structure.
Sec. 813. None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
Sec. 814. None of the Federal funds appropriated under
this Act shall be expended for any abortion except where the
life of the mother would be endangered if the fetus were
carried to term or where the pregnancy is the result of an
act of rape or incest.
Sec. 815. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2011 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 816. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, Sec. 1-204.42).
Sec. 817. Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
Sec. 818. Notwithstanding any other laws, for this and
succeeding fiscal years, the Director of the District of
Columbia Public Defender Service shall, to the extent the
Director considers appropriate, provide representation for
and hold harmless, or provide liability insurance for, any
person who is an employee, member of the Board of Trustees,
or officer of the District of Columbia Public Defender
Service for money damages arising out of any claim,
proceeding, or case at law relating to the furnishing of
representational services or management services or related
services while acting within the scope of that person's
office or employment, including, but not limited to such
claims, proceedings, or cases at law involving employment
actions, injury, loss of liberty, property damage, loss of
property, or personal injury, or death arising from
malpractice or negligence of any such officer or employee.
Sec. 819. Section 346 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335) is amended--
(1) in the title, by striking ``Biennial'';
(2) in subsection (a), by striking ``Biennial management''
and inserting ``Management'';

[[Page 19955]]

(3) in subsection (a), by striking ``States.'' and
inserting ``States every five years.''; and
(4) in subsection (b)(6), by striking ``2'' and inserting
``5''.
Sec. 820. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2011''.

DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2011

TITLE I

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and executive
management of the Department of Homeland Security, as
authorized by law, $150,126,000: Provided, That not to exceed
$55,000 shall be for official reception and representation
expenses, of which $15,000 shall be made available to the
Office of Policy for Visa Waiver Program negotiations in
Washington, DC, and for other international activities:
Provided further, That all official costs associated with the
use of Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Immediate Office of the Secretary and the Immediate
Office of the Deputy Secretary: Provided further, That
$25,000,000 shall not be available for obligation until the
Secretary submits to the Committees on Appropriations of the
Senate and the House of Representatives: (1) an expenditure
plan for the Office of Policy for fiscal year 2011; and (2) a
comprehensive plan to initiate implementation of a biometric
air exit capability in fiscal year 2011, or a written
certification to the Congress that it is the position of the
Administration that the statutory requirements for biometric
air exit be repealed.

Office of the Under Secretary for Management

For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$242,233,000, of which not less than $500,000 shall be for
logistics training; and of which not to exceed $3,000 shall
be for official reception and representation expenses:
Provided, That of the total amount made available under this
heading, $5,000,000 shall remain available until expended
solely for the alteration and improvement of facilities,
tenant improvements, and relocation costs to consolidate
Department headquarters operations at the Nebraska Avenue
Complex; and $14,641,000 shall remain available until
expended for the Human Resources Information Technology
program.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $64,480,000, of which
$11,000,000 shall remain available until expended for
financial systems consolidation efforts.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $375,359,000; of which
$82,727,000 shall be available for salaries and expenses; and
of which $292,632,000, to remain available until expended,
shall be available for development and acquisition of
information technology equipment, software, services, and
related activities for the Department of Homeland Security:
Provided, That of the total amount appropriated, not less
than $83,948,000 shall be available for data center
development, of which not less than $27,730,000 shall be
available for power capabilities upgrades and facility
construction projects at Data Center One (National Center for
Critical Information Processing and Storage): Provided
further, That the Chief Information Officer shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives, not more than 60 days after the date of
enactment of this Act, an expenditure plan for all
information technology acquisition projects that: (1) are
funded under this heading; or (2) are funded by multiple
components of the Department of Homeland Security through
reimbursable agreements: Provided further, That such
expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or
cost avoidance to be achieved by the project: Provided
further, That $75,000,000 shall not be available for
obligation until the submission of the expenditure plan to
the Committees on Appropriations of the Senate and the House
of Representatives.

Analysis and Operations

For necessary expenses for intelligence analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$340,000,000, of which not to exceed $5,000 shall be for
official reception and representation expenses; and of which
$53,975,000 shall remain available until September 30, 2012:
Provided, That $20,000,000 shall be withheld from obligation
until an expenditure plan for the Office of Intelligence and
Analysis is received by the Committees on Appropriations of
the Senate and House of Representatives: Provided further,
That none of the funds provided in this or any other Act
shall be available to commence operations of the National
Immigration Information Sharing Operation or any follow-on
entity until the Secretary certifies that such program
complies with all existing laws, including all applicable
privacy and civil liberties standards; the Comptroller
General of the United States notifies the Committees on
Appropriations of the Senate and the House of Representatives
and the Secretary that the Comptroller has reviewed such
certification; and the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives
of all funds to be expended on operations of the National
Immigration Information Sharing Operation or any follow-on
entity pursuant to section 503 of this Act: Provided further,
That none of the funds provided under this heading may be
obligated to create or operate a new program management
office or similar organization or entity to oversee the State
and Local Fusion Center program until the Committees on
Appropriations of the Senate and House of Representatives
receive a notification pursuant to section 503 of this Act
that describes the purpose, management goals, implementation
timeline, budget, and funding sources for any proposed new
office, organization, or entity.

Office of Inspector General

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $115,806,000, of which not to exceed
$300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

salaries and expenses

For necessary expenses for enforcement of laws relating to
border security, immigration, customs, agricultural
inspections and regulatory activities related to plant and
animal imports, and transportation of unaccompanied minor
aliens; purchase and lease of up to 8,000 (7,000 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,239,377,000, of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $311,052,000
shall be for Air and Marine Operations; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)),
shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in
connection with preclearance operations; and of which not to
exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided, That for
fiscal year 2011, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000, and notwithstanding any other
provision of law, none of the funds appropriated by this Act
may be available to compensate any employee of U.S. Customs
and Border Protection for overtime, from whatever source, in
an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or
the designee of the Secretary, to be necessary for national
security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That of the total
amount provided, $1,700,000 shall remain available until
September 30, 2012, for the Global Advanced Passenger
Information/Passenger Name Record Program: Provided further,
That the Border Patrol shall maintain an active duty presence
of not less than 20,500 full-time equivalent agents
protecting the borders of the United States throughout the
fiscal year.

automation modernization

For expenses for U.S. Customs and Border Protection
automated systems, $347,575,000, to remain available until
expended, of which not less than $153,090,000 shall be for
the development of the Automated Commercial Environment:
Provided, That not later than 30 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall submit to the Committees on
Appropriations of the Senate and

[[Page 19956]]

the House of Representatives a report on the results to date
of, and plans for completing, the Automated Commercial
Environment program.

border security fencing, infrastructure, and technology

For expenses for border security fencing, infrastructure,
and technology, $574,173,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $75,000,000 shall not be obligated until
the Committees on Appropriations of the Senate and the House
of Representatives receive and approve a plan for
expenditure, prepared by the Commissioner of U.S. Customs and
Border Protection, reviewed by the Government Accountability
Office, and submitted not later than 90 days after the date
of the enactment of this Act, for a program to establish and
maintain a security barrier along the borders of the United
States, of fencing and vehicle barriers where practicable,
and of other forms of tactical infrastructure and technology,
that meets the statutory conditions specified under this
heading in Public Law 111-83 and which may cite by reference
previous expenditure plans and supporting documentation
previously submitted to the Committees: Provided further,
That at least 15 days before the award of any task order
requiring an obligation of funds in an amount greater than
$25,000,000 and before the award of a task order that would
cause cumulative obligations of funds to exceed 50 percent of
the total amount appropriated under this heading, the
Commissioner of U.S. Customs and Border Protection shall
report to the Committees on Appropriations of the Senate and
the House of Representatives on the progress of the program,
and obligations and expenditures for all outstanding task
orders awarded under the program, and specific objectives to
be achieved through the award of current and remaining task
orders planned for the balance of available appropriations
for the program: Provided further, That none of the funds
made available under this heading may be obligated unless the
Department has complied with section 102(b)(1)(C)(i) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note), and the Secretary certifies
such to the Committees on Appropriations of the Senate and
the House of Representatives: Provided further, That none of
the funds made available under this heading may be obligated
for any project or activity for which the Secretary has
exercised waiver authority pursuant to section 102(c) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note) until 15 days have elapsed from
the date of the publication in the Federal Register of the
decision to exercise that authority.

air and marine interdiction, operations, maintenance, and procurement

For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft
systems, and other related equipment of the air and marine
program, including operational training and mission-related
travel; the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in
the enforcement or administration of laws enforced by the
Department; and at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal,
State, and local agencies in other law enforcement and
emergency humanitarian efforts, $511,751,000, to remain
available until expended: Provided, That no aircraft or other
related equipment, with the exception of aircraft that are
one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department in fiscal year 2011 without the prior approval of
the Committees on Appropriations of the Senate and the House
of Representatives.

construction and facilities management

For necessary expenses to plan, acquire, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to customs, immigration, and border security,
$282,740,000, to remain available until expended; of which
$4,000,000 shall be for constructing and equipping the
Advanced Training Center: Provided, That for fiscal year 2012
and hereafter, the annual budget submission of U.S. Customs
and Border Protection for ``Construction and Facilities
Management'' shall, in consultation with the General Services
Administration, include a detailed 5-year plan for all
Federal land border port of entry projects with a yearly
update of total projected future funding needs delineated by
land port of entry.

U.S. Immigration and Customs Enforcement

salaries and expenses

(including transfer of funds)

For the necessary expenses to conduct investigations of
criminal violations of Federal law relating to border
security, customs and trade, immigration and naturalization,
intellectual property rights, and travel and transportation;
for the civil enforcement of immigration and customs laws,
including the detention and removal of immigration status
violators; and for the purchase and lease of up to 3,790
(2,350 for replacement only) police-type vehicles,
$5,508,555,000, of which not less than $250,000,000 shall be
for activities to investigate violations of immigration and
customs laws along the Southwest border of the United States,
including Border Enforcement Security Task Force operations
and Law Enforcement Agency Response Teams; of which not less
than $120,000,000 shall be for activities to investigate
cyber crimes and child exploitation offenses, including sex
trafficking, child pornography, child sex tourism, and
promotion of public awareness of the child pornography
tipline; of which $15,770,000 shall be for activities in
fiscal year 2011 to enforce laws against forced child labor,
of which $6,000,000 shall be available until expended; of
which not to exceed $10,000,000 shall be available until
expended for conducting special operations under section 3131
of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of
which not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of
which not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States; of which not
to exceed $15,000 shall be for official reception and
representation expenses: Provided, That none of the funds
made available under this heading shall be available to
compensate any employee for overtime in an annual amount in
excess of $35,000, except that the Secretary, or the designee
of the Secretary, may waive that amount as necessary for
national security purposes and in cases of immigration
emergencies: Provided further, That of the total amount made
available under this heading, not less than $2,000,000,000
shall be available to identify aliens convicted of a crime
who may be deportable, and to remove them from the United
States once they are judged deportable: Provided further,
That the Secretary, or the designee of the Secretary, shall
report to the Committees on Appropriations of the Senate and
the House of Representatives, not later than 45 days after
the end of each quarter of the fiscal year, on progress in
implementing the preceding proviso and the funds obligated
during that quarter to make that progress: Provided further,
That the Secretary shall prioritize the identification and
removal of aliens convicted of a crime by the severity of
that crime: Provided further, That not less than $5,400,000
shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)): Provided further, That none of the funds
under this heading may be used to continue a delegation of
law enforcement authority authorized under section 287(g) of
the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been violated: Provided further, That of the
total amount provided, not less than $2,583,021,000 is for
detention and removal operations, including transportation of
unaccompanied alien minors: Provided further, That funding
made available under this heading shall maintain a level of
not less than 33,400 detention beds through September 30,
2011: Provided further, That none of the funds made available
under this heading may be used to continue any contract for
the provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system:
Provided further, That nothing under this heading shall
prevent U.S. Immigration and Customs Enforcement from
exercising those authorities provided under immigration laws
(as defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))) during priority
operations pertaining to aliens convicted of a crime:
Provided further, That none of the funds provided under this
heading may be obligated to collocate field offices of U.S.
Immigration and Customs Enforcement until the Secretary
submits to the Committees on Appropriations of the Senate and
the House of Representatives a plan for the nationwide
implementation of the Alternatives to Detention program that
identifies: (1) how funding made available by this Act will
be used to expand the Alternatives to Detention program; (2)
the date by which the Secretary will achieve nationwide
implementation of the Alternatives to Detention program; and
(3) the milestones the Secretary will establish to measure
progress toward achieving nationwide implementation of the
Alternatives to Detention program: Provided further, That of
the total amount provided for the purposes of identifying
aliens convicted of a crime who may be deportable, and
removing them from the United States once they are judged
deportable, $259,825,000 shall remain available until
September 30, 2012, of which up to $30,625,000 may be
available for transfer to U.S. Immigration and Customs
Enforcement ``Automation Modernization'' for information
technology investments associated with these purposes:
Provided further, That of the total amount provided,

[[Page 19957]]

$7,300,000 shall remain available until September 30, 2012,
for the Visa Security Program.

automation modernization

For expenses of immigration and customs enforcement
automated systems, $84,700,000, to remain available until
expended: Provided, That of the funds made available under
this heading, $10,000,000 shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive an expenditure plan prepared by the
Assistant Secretary of U.S. Immigration and Customs
Enforcement.

Transportation Security Administration

aviation security

For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71), $5,452,037,000, to remain available
until September 30, 2012, of which not to exceed $10,000
shall be for official reception and representation expenses:
Provided, That of the total amount made available under this
heading, not to exceed $4,363,000,000 shall be for screening
operations, of which $643,325,000 shall be available for
explosives detection systems; and not to exceed
$1,089,037,000 shall be for aviation security direction and
enforcement: Provided further, That of the amount made
available in the preceding proviso for explosives detection
systems, $320,000,000 shall be available for the purchase and
installation of these systems, of which not less than 9
percent shall be available for the purchase and installation
of certified explosives detection systems at medium- and
small-sized airports: Provided further, That any award to
deploy explosives detection systems shall be based on risk,
the airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns,
high injury rates, airport readiness, and increased cost
effectiveness: Provided further, That security service fees
authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received in fiscal year 2011, so as to result in a final
fiscal year appropriation from the general fund of not more
than $3,352,037,000: Provided further, That any security
service fees collected in excess of the amount made available
under this heading shall be available for fiscal year 2012:
Provided further, That Members of the House of
Representatives and Senate, including the leadership; the
heads of Federal agencies and commissions, including the
Secretary, Deputy Secretary, Under Secretaries, and Assistant
Secretaries of the Department of Homeland Security; the
Attorney General, Assistant Attorneys General, and United
States attorneys; and senior members of the Executive Office
of the President, including the Director of the Office of
Management and Budget; shall not be exempt from Federal
passenger and baggage screening.

surface transportation security

For necessary expenses of the Transportation Security
Administration related to surface transportation security
activities, $137,558,000, to remain available until September
30, 2012.

transportation threat assessment and credentialing

For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Threat Assessment and Credentialing,
$159,124,000, to remain available until September 30, 2012:
Provided, That if the Assistant Secretary of Homeland
Security (Transportation Security Administration) determines
that the Secure Flight program does not need to check airline
passenger names against the full terrorist watchlist, the
Assistant Secretary shall certify to the Committees on
Appropriations of the Senate and the House of
Representatives, not later than 30 days after the date of
enactment of this Act, that no significant security risks are
raised by screening airline passenger names only against a
subset of the full terrorist watchlist.

transportation security support

For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71),
$1,039,777,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated under this heading,
$50,000,000 may not be obligated for headquarters
administration until the Assistant Secretary of Homeland
Security (Transportation Security Administration) submits to
the Committees on Appropriations of the Senate and the House
of Representatives detailed expenditure plans for air cargo
security, and for checkpoint support and explosives detection
systems refurbishment, procurement, and installations on an
airport-by-airport basis for fiscal year 2011: Provided
further, That such plans shall be submitted no later than 60
days after the date of enactment of this Act.

federal air marshals

For necessary expenses of the Federal Air Marshals,
$945,015,000.

Coast Guard

operating expenses

For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of no more than $700,000) and repairs and service-life
replacements, not to exceed a total of $26,000,000, in
addition to boats necessary for overseas deployments and
other activities; minor shore construction projects not
exceeding $1,000,000 in total cost at any location; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$6,951,973,000, of which $594,000,000 shall be for defense-
related activities, of which $254,000,000 is for overseas
deployments and other activities; of which $24,500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to
exceed $20,000 shall be for official reception and
representation expenses: Provided, That none of the funds
made available by this or any other Act shall be available
for administrative expenses in connection with shipping
commissioners in the United States: Provided further, That
none of the funds made available by this Act shall be for
expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from yacht owners and credited to this
appropriation: Provided further, That the Coast Guard shall
comply with the requirements of section 527 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C.
4331 note) with respect to the Coast Guard Academy: Provided
further, That of the funds made available under this heading,
$75,000,000 shall be withheld from obligation for
Headquarters Directorates until: (1) the fiscal year 2011
second quarter acquisition report; (2) the annual review of
the Revised Deepwater Implementation Plan; (3) the future-
years capital investment plan for fiscal years 2012-2016; and
(4) the Polar High Latitude Study are received by the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That of the amount
provided under this heading for overseas deployments and
other activities, $254,000,000 is designated as described in
section 5 (in the matter preceding division A of this
consolidated Act): Provided further, That funds made
available under this heading for overseas deployments and
other activities may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.

environmental compliance and restoration

For necessary expenses to carry out the environmental
compliance and restoration functions of the Coast Guard under
chapter 19 of title 14, United States Code, $13,329,000, to
remain available until expended.

reserve training

For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $135,675,000.

acquisition, construction, and improvements

For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$1,518,613,000, of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $2,000,000 shall be derived from
the Coast Guard Housing Fund, established pursuant to 14
U.S.C. 687, and shall remain available until expended for
military family housing; of which $73,200,000 shall be
available until September 30, 2015, to acquire, effect major
repairs, renovate, or improve vessels, small boats, and
related equipment; of which $36,000,000 shall be available
until September 30, 2013, for other equipment; of which
$108,350,000 shall be available until September 30, 2013, for
shore facilities and aids to navigation facilities, including
not less than $23,500,000 for waterfront improvements and
support facilities for buoy tender operations at Naval
Station Newport, not less than $18,100,000 for the Coast
Guard Sector Honolulu Command and Interagency Operations
Center, and not less than $21,050,000 for Coast Guard Station
Cleveland Harbor; of which $107,561,000 shall be available
for personnel compensation and benefits and related costs;
and of which $1,191,502,000 shall be available until
September 30, 2015, for the Integrated Deepwater Systems
program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $103,000,000 is for
aircraft and $933,002,000 is

[[Page 19958]]

for surface ships: Provided further, That the Commandant of
the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal
year 2012 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan
for the fiscal year; an annual performance comparison of
Integrated Deepwater Systems program assets to pre-Deepwater
legacy assets; a status report of such legacy assets; a
detailed explanation of how the costs of such legacy assets
are being accounted for within the Integrated Deepwater
Systems program; and the earned value management system gold
card data for each Integrated Deepwater Systems program
asset: Provided further, That the Commandant of the Coast
Guard shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, in conjunction with
the fiscal year 2016 budget request, and every 5 years
thereafter, a comprehensive review of the Revised Deepwater
Implementation Plan, that includes a complete projection of
the acquisition costs and schedule for the duration of the
plan: Provided further, That the Commandant of the Coast
Guard shall annually submit to the Committees on
Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast
Guard that identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the estimated total acquisition cost;
(3) projected funding levels, including a listing (by
fiscal year) of the number of assets or segments that will be
procured with the funding requested, for each fiscal year for
the next 5 fiscal years or until project completion,
whichever is earlier;
(4) an estimated completion date at the projected funding
levels;
(5) the total number of planned assets or segments;
(6) justification for each requested project including a
qualitative description of mission performance envisioned to
be achieved upon completion of the acquisition program and
missions that will be supported by such project; and
(7) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of
Representatives:
Provided further, That the Commandant of the Coast Guard
shall ensure that amounts specified in the future-years
capital investment plan are consistent, to the maximum extent
practicable, with proposed appropriations necessary to
support the programs, projects, and activities of the Coast
Guard in the President's budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal
year: Provided further, That any inconsistencies between the
capital investment plan and proposed appropriations shall be
identified and justified: Provided further, That subsections
(a) and (b) of section 6402 of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) shall apply to
fiscal year 2011.

alteration of bridges

For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the
Truman-Hobbs Act (33 U.S.C. 516), $4,000,000, to remain
available until expended: Provided, That of the amounts made
available under this heading, $4,000,000 shall be for the
Union Pacific Railroad Bridge in Clinton, Iowa.

research, development, test, and evaluation

For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $32,534,000, to remain
available until expended, of which $500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.

retired pay

For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, concurrent receipts and combat-related
special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and
their dependents under chapter 55 of title 10, United States
Code, $1,400,700,000, to remain available until expended.

United States Secret Service

salaries and expenses

For necessary expenses of the United States Secret Service,
including: purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; services of expert witnesses at such rates
as may be determined by the Director of the Secret Service;
rental of buildings in the District of Columbia, and fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may
be necessary to perform protective functions; payment of per
diem or subsistence allowances to employees in a case in
which a protective assignment during the actual day or days
of the visit of a protectee requires an employee to work 16
hours per day or to remain overnight at a post of duty;
conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret
Service employees on protective missions without regard to
the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on
Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and
operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,574,642,000, of which not to exceed $25,000
shall be for official reception and representation expenses;
of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of
investigations of missing and exploited children; and of
which $6,000,000 shall be for a grant for activities related
to the investigations of missing and exploited children and
shall remain available until expended: Provided, That up to
$18,000,000 for protective travel shall remain available
until September 30, 2012: Provided further, That up to
$1,000,000 for National Special Security Events shall remain
available until expended: Provided further, That the United
States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and
entities, as defined in section 105 of title 5, United States
Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations for the fiscal
year shall not exceed total budgetary resources available
under this heading at the end of the fiscal year: Provided
further, That none of the funds made available under this
heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of
the Secretary, may waive that amount as necessary for
national security purposes: Provided further, That none of
the funds made available to the United States Secret Service
by this Act or by previous appropriations Acts may be made
available for the protection of the head of a Federal agency
other than the Secretary of Homeland Security: Provided
further, That the Director of the Secret Service may enter
into an agreement to perform such service on a fully
reimbursable basis: Provided further, That of the total
amount made available under this heading, $69,960,000, to
remain available until expended, is for information
integration and technology transformation: Provided further,
That of the funds made available in the preceding proviso,
$20,000,000 shall not be available for obligation until the
Chief Information Officer of the Department submits a report
to the Committees on Appropriations of the Senate and the
House of Representatives certifying that all plans for such
activities are consistent with Department of Homeland
Security data center migration and enterprise architecture
requirements: Provided further, That none of the funds made
available to the United States Secret Service by this Act or
by previous appropriations Acts may be obligated for the
purpose of opening a new permanent domestic or overseas
office or location unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15
days in advance of such obligation.

acquisition, construction, improvements, and related expenses

For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities,
$3,975,000, to remain available until expended.

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

management and administration

For salaries and expenses of the Office of the Under
Secretary for the National Protection and Programs
Directorate, support for operations, information technology,
and the Office of Risk Management and Analysis, $45,387,000:
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses.

infrastructure protection and information security

For necessary expenses for infrastructure protection and
information security programs and activities, as authorized
by title

[[Page 19959]]

II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.), $874,923,000, of which $720,884,000 shall remain
available until September 30, 2012: Provided, That of the
amount made available under this heading, $100,000,000 may
not be obligated for the National Cyber Security Division and
$10,000,000 may not be obligated for the Next Generation
Networks program until the Committees on Appropriations of
the Senate and the House of Representatives receive a plan
for expenditure for each that describes the strategic
context, the specific goals and milestones set, and the funds
allocated to achieving each of those goals and milestones:
Provided further, That of the total amount provided, not less
than: $18,000,000 is for the National Infrastructure
Simulation and Analysis Center; $3,000,000 is for State and
local cyber security training; $3,000,000 is for the Multi-
State Information Sharing and Analysis Center; and $1,000,000
is for interoperable communications, technical assistance,
and outreach programs.

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 the Secretary of Homeland
Security and the Director of the Office of Management and
Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of
Representatives, no later than 60 days after the date of
enactment of this Act, that the operations of the Federal
Protective Service will be fully funded in fiscal year 2011
through revenues and collection of security fees, and shall
adjust the fees to ensure fee collections are sufficient to
ensure that, no later than September 1, 2011, the Federal
Protective Service maintains not fewer than 1,348 full-time
staff and 1,011 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'').

united states visitor and immigrant status indicator technology

For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), $339,263,000, of which $50,000,000 shall
remain available until September 30, 2012: Provided, That of
the total amount made available under this heading,
$125,000,000 shall not be obligated for the United States
Visitor and Immigrant Status Indicator Technology project
until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure,
prepared by the Secretary of Homeland Security, not later
than 90 days after the date of enactment of this Act that
meets the statutory conditions specified under this heading
in Public Law 110-329: Provided further, That not less than
$50,000,000 of unobligated balances of prior year
appropriations shall remain available and be obligated solely
for implementation of a biometric air exit capability.

Office of Health Affairs

For necessary expenses of the Office of Health Affairs,
$157,984,000, of which $27,053,000 is for salaries and
expenses: Provided, That $130,931,000 shall remain available
until September 30, 2012, for biosurveillance, BioWatch,
medical readiness planning, chemical response, and other
activities, including $4,750,000 for the North Carolina
Collaboratory for Bio-Preparedness, University of North
Carolina, Chapel Hill: Provided further, That of the amount
made available under this heading, $3,500,000 may not be
obligated for the National Biosurveillance Integration System
until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure for
such System: Provided further, That not to exceed $3,000
shall be for official reception and representation expenses.

Federal Emergency Management Agency

management and administration

For necessary expenses for management and administration of
the Federal Emergency Management Agency, $764,296,000,
including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance Act of
2000 (division C, title I, 114 Stat. 583), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), and the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295): Provided, That not to exceed
$3,000 shall be for official reception and representation
expenses: Provided further, That the President's budget
submitted under section 1105(a) of title 31, United States
Code, shall be detailed by office for the Federal Emergency
Management Agency: Provided further, That the Administrator
of the Federal Emergency Management Agency shall provide to
the Committees on Appropriations of the Senate and the House
of Representatives an expenditure plan for all funds made
available in this Act for Federal Emergency Management Agency
``Management and Administration'', not later than 75 days
after the date of enactment of this Act: Provided further,
That of the total amount made available under this heading,
not to exceed $12,000,000 shall remain available until
September 30, 2012, for capital improvements at the Mount
Weather Emergency Operations Center: Provided further, That
of the total amount made available under this heading,
$38,000,000 shall be for the Urban Search and Rescue Response
System, of which not to exceed $1,600,000 may be made
available for administrative costs; and $7,049,000 shall be
for the Office of National Capital Region Coordination:
Provided further, That for purposes of planning,
coordination, execution, and decisionmaking related to mass
evacuation during a disaster, for fiscal year 2011 and
hereafter, the Governors of the State of West Virginia and
the Commonwealth of Pennsylvania, or their designees, shall
be incorporated into efforts to integrate the activities of
Federal, State, and local governments in the National Capital
Region, as defined in section 882 of Public Law 107-296, the
Homeland Security Act of 2002.

state and local programs

(including transfer of funds)

For grants, contracts, cooperative agreements, and other
activities, $3,080,450,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605): Provided, That of the amount provided
by this paragraph and not subject to the requirements of
title XX, subtitle A of the Homeland Security Act of 2002 (6
U.S.C. 603, et seq.), $60,000,000 shall be for Operation
Stonegarden and $10,000,000 shall be for the Citizen Corps
Program: Provided further, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2011, the
Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $977,500,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604): Provided, That, notwithstanding
subsection (c)(1) of such section, $19,000,000 shall be for
grants to organizations (as described under section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3))
and exempt from tax section 501(a) of such code (26 U.S.C.
501(a)) determined by the Secretary of Homeland Security to
be at high risk of a terrorist attack: Provided further,
That of the amount provided by this paragraph, $20,000,000
shall be for radiological and nuclear detection systems:
Provided further, That of the amount provided by this
paragraph and not subject to the requirements of title XX,
subtitle A of the Homeland Security Act of 2002 (6 U.S.C.
603, et seq.), $17,500,000, to remain available until
expended, shall be 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: Provided further, That the
amount of any grant made to reimburse the actual costs
related to a National Special Security Event shall not be
deducted from the allocation of any amounts otherwise made
available under this paragraph to any entity.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $350,000,000 shall be for Public Transportation
Security Assistance, Railroad Security Assistance, and Over-
the-Road Bus Security Assistance under section 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135,
1163, and 1182); of which not less than $25,000,000 shall be
for Amtrak security; and not less than $12,000,000 shall be
for Over-the-Road Bus Security Assistance: Provided, That
such public transportation security assistance shall be
provided directly to public transportation agencies.
(6) $350,000,000 shall be for Port Security Grants under
section 70107 of title 46, United States Code.
(7) $35,000,000 shall be for Buffer Zone Protection Program
Grants.
(8) $35,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579).
(9) $50,000,000 shall be for grants for Emergency
Operations Centers under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c) to remain available until expended, of which
not less than the amount specified for each Emergency
Operations Center shall be provided as follows: $700,000,
California Emergency Management Agency; $228,125, Cherry

[[Page 19960]]

Hill Township, New Jersey; $800,000, City of Alexandria,
Virginia; $250,000, City of Baton Rouge, Louisiana; $800,000,
City of Bowie Police Department, Maryland; $800,000, City of
Brownsville, Texas; $442,000, City of Columbia, South
Carolina; $800,000, City of Columbus, Ohio; $800,000, City of
Compton, California; $800,000, City of Houston, Texas;
$800,000, City of Laredo, Texas; $500,000, City of Lauderdale
Lakes, Florida; $800,000, City of New Orleans, Louisiana;
$600,000, City of Orange Township, New Jersey; $800,000, City
of Palm Beach Gardens, Florida; $500,000, City of Pasadena,
California; $950,000, City of Passaic, New Jersey; $800,000,
City of Pharr, Texas; $800,000, City of Phoenix, Arizona;
$800,000, City of South Daytona, Florida; $375,000, City of
Temple City, California; $800,000, Clallam County Sheriff's
Office, Washington; $800,000, County of Gloucester, New
Jersey; $3,450,000, County of Hudson, New Jersey; $771,000,
Missoula County, Montana; $250,000, Fulton County Government,
Arkansas; $300,000, Fulton County Government, County
Manager's Office, Georgia; $800,000, Hancock County
Commission, West Virginia; $750,000, Louisiana Sheriff's
Association, Baton Rouge, Louisiana; $250,000, Madison
County, Texas; $750,000, Maryland Emergency Management
Agency; $800,000, Oakland County Homeland Security Division,
Michigan; $129,000, Park County, Montana; $800,000,
Plaquemines Parish Sheriff's Office, Louisiana; $610,000,
Polk County, Iowa; $750,000, Providence Emergency Management
Agency and Office of Homeland Security, Rhode Island;
$1,000,000, Rhode Island Emergency Management Agency;
$750,000, Salt Lake County, Utah; $1,000,000, State of
Illinois; $250,000, State of Michigan; $5,000,000, State of
West Virginia; $800,000, Town of East Haven, Connecticut;
$800,000, Town of South Windsor, Connecticut; $800,000, Town
of Southwest Ranches, Florida; $775,000, Uvalde County,
Texas; and $800,000, Wisconsin Division of Emergency
Management.
(10) $256,950,000 shall be for training, exercises,
technical assistance, and other programs, of which--
(A) $159,500,000 shall be for the National Domestic
Preparedness Consortium in accordance with section 1204 of
the Implementing Recommendations of the 9/11 Commission Act
of 2007 (6 U.S.C. 1102), of which $62,500,000 shall be for
the Center for Domestic Preparedness; $23,000,000 shall be
for the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology;
$23,000,000 shall be for the National Center for Biomedical
Research and Training, Louisiana State University;
$23,000,000 shall be for the National Emergency Response and
Rescue Training Center, Texas A&M University; $23,000,000
shall be for the National Exercise, Test, and Training
Center, Nevada Test Site; and $5,000,000 shall be for the
National Disaster Preparedness Training Center, University of
Hawaii, Honolulu, Hawaii; and
(B) $2,450,000 shall be for the Center for Counterterrorism
and Cyber Crime, Norwich University, Northfield, Vermont:

Provided, That not to exceed 4.7 percent of the amounts
provided under this heading shall be transferred to the
Federal Emergency Management Agency ``Management and
Administration'' account for program administration: Provided
further, That notwithstanding section 2008(a)(11) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any
other provision of law, a grantee may use not more than 5
percent of the amount of a grant made available under this
heading for expenses directly related to administration of
the grant: Provided further, That for grants under paragraphs
(1) through (4), the applications for grants shall be made
available to eligible applicants not later than 25 days after
the date of enactment of this Act, eligible applicants shall
submit applications not later than 90 days after the grant
announcement, and that the Administrator of the Federal
Emergency Management Agency shall act within 90 days after
receipt of an application: Provided further, That the
previous proviso shall not apply to funds for necessary
expenses related to the presence of a National Special
Security Event: Provided further, That for grants under
paragraphs (5) through (8), the applications for grants shall
be made available to eligible applicants not later than 30
days after the date of enactment of this Act, eligible
applicants shall submit applications within 45 days after the
grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act not later than 60 days
after receipt of an application: Provided further, That for
grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a
building or other physical facility: Provided further, That
grantees shall provide reports on their use of funds, as
determined necessary by the Secretary: Provided further, That
in fiscal year 2011 and hereafter, (a) the Center for
Domestic Preparedness may provide training to emergency
response providers from the Federal Government, foreign
governments, or private entities, if the Center for Domestic
Preparedness is reimbursed for the cost of such training, and
any reimbursement under this subsection shall be credited to
the account from which the expenditure being reimbursed was
made and shall be available, without fiscal year limitation,
for the purposes for which amounts in the account may be
expended; (b) the head of the Center for Domestic
Preparedness shall ensure that any training provided under
(a) does not interfere with the primary mission of the Center
to train state and local emergency response providers; (c)
subject to (b), nothing in (a) prohibits the Center for
Domestic Preparedness from providing training to employees of
the Federal Emergency Management Agency for the professional
development of those employees pursuant to 5 U.S.C. 4103
without reimbursement for the cost of such training.

firefighter assistance grants

For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), $840,000,000, of which $420,000,000 shall be
available to carry out section 33 of that Act (15 U.S.C.
2229) and $420,000,000 shall be available to carry out
section 34 of that Act (15 U.S.C. 2229a), to remain available
until September 30, 2012: Provided, That notwithstanding the
requirement under section 34(a)(1)(A) of such Act that grants
must be used to increase the number of firefighters in fire
departments, the Secretary of Homeland Security, in making
grants under section 34 of such Act using the funds made
available under this heading, shall grant waivers from the
requirements of subsections (a)(1)(B), (c)(1), (c)(2), and
(c)(4)(A) of such section: Provided further, That section
34(a)(1)(E) of such Act shall not apply with respect to funds
appropriated under this heading for grants under section 34
of such Act: Provided further, That the Secretary of Homeland
Security, in making grants under section 34 of such Act,
shall ensure that funds appropriated under this heading are
made available for the retention of firefighters: Provided
further, That not to exceed 5 percent of the amount available
under this heading shall be available for program
administration.

emergency management performance grants

For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), $345,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total
amount appropriated under this heading.

radiological emergency preparedness program

The aggregate charges assessed during fiscal year 2011, as
authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall
not be less than 100 percent of the amounts anticipated by
the Department of Homeland Security necessary for the
radiological emergency preparedness program for the next
fiscal year: Provided, That the methodology for assessment
and collection of fees under that title shall be fair and
equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees:
Provided further, That fees collected shall be deposited in
this account as offsetting collections and will become
available for authorized purposes on October 1, 2011, and
remain available until expended.

united states fire administration

For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), $45,930,000.

disaster relief

(including transfers of funds)

For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,950,000,000, to remain available
until expended: Provided, That the Federal Emergency
Management Agency shall submit an expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds for disaster
readiness and support not later than 60 days after the date
of enactment of this Act: Provided further, That the Federal
Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the
expenditure plan and a justification for any changes in
spending: Provided further, That of the total amount
provided, $16,000,000 shall be transferred to the Department
of Homeland Security Office of Inspector General for audits
and investigations related to disasters, subject to section
503 of this Act: Provided further, That, not later than 60
days after enactment of this Act, $145,600,000 shall be
transferred to Federal Emergency Management Agency
``Management and Administration'' for management and
administration functions: Provided further, That the Federal
Emergency Management Agency shall submit the monthly
``Disaster Relief'' report, as specified in Public Law 110-
161, to the Committees on Appropriations of the Senate and
the House of Representatives, and include

[[Page 19961]]

the amounts provided to each Federal agency for mission
assignments: Provided further, That for any request for
reimbursement from a Federal agency to the Department of
Homeland Security to cover expenditures under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), or any mission assignment orders issued
by the Department for such purposes, the Secretary of
Homeland Security shall take appropriate steps to ensure that
each agency is periodically reminded of Department policies
on--
(1) the detailed information required in supporting
documentation for reimbursements; and
(2) the necessity for timeliness of agency billings.

disaster assistance direct loan program account

For activities under section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5162), $295,000 is for the cost of direct loans: Provided,
That gross obligations for the principal amount of direct
loans shall not exceed $25,000,000: Provided further, That
the cost of modifying such loans shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).

flood hazard mapping and risk analysis

For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $194,000,000,
and such additional sums as may be provided by State and
local governments or other political subdivisions for cost-
shared mapping activities under section 1360(f)(2) of such
Act (42 U.S.C. 4101(f)(2)), to remain available until
expended: Provided, That total administrative costs shall not
exceed 5 percent of the total amount appropriated under this
heading.

national flood insurance fund

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.),
$169,000,000, which shall be derived from offsetting
collections assessed and collected under section 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 flood plain management and flood
mapping, which shall remain available until September 30,
2012: Provided, That any additional fees collected pursuant
to section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain
management and flood mapping: Provided further, That in
fiscal year 2011, no funds shall be available from the
National Flood Insurance Fund under section 1310 of that Act
(42 U.S.C. 4017) in excess of: (1) $110,000,000 for operating
expenses; (2) $963,339,000 for commissions and taxes of
agents; (3) such sums as are necessary for interest on
Treasury borrowings; and (4) $120,000,000, which shall remain
available until expended for flood mitigation actions, of
which not less than $40,000,000 is for severe repetitive loss
properties under section 1361A of the National Flood
Insurance Act of 1968 (42 U.S.C. 4102a), of which $10,000,000
shall be for repetitive insurance claims properties under
section 1323 of the National Flood Insurance Act of 1968 (42
U.S.C. 4030), and of which $40,000,000 shall be for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c) notwithstanding
subparagraphs (B) and (C) of subsection (b)(3) and subsection
(f) of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7)
of section 1310 of the National Flood Insurance Act of 1968
(42 U.S.C. 4017): Provided further, That amounts collected
under section 102 of the Flood Disaster Protection Act of
1973 (42 U.S.C. 4012a) and section 1366(i) of the National
Flood Insurance Act of 1968 shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding subsection (f)(8) of
such section 102 (42 U.S.C. 4012a(f)(8) and section 1366(i)
and paragraphs (2) and (3) of section 1367(b) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)-
(3)): Provided further, That total administrative costs shall
not exceed 4 percent of the total appropriation.

national predisaster mitigation fund

For the predisaster mitigation grant program under section
203 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133), including administrative
costs, $85,000,000, to remain available until expended and to
be obligated as detailed in the statement accompanying this
Act: Provided, That the total administrative costs associated
with such grants shall not exceed 3 percent of the total
amount made available under this heading.

emergency food and shelter

To carry out the emergency food and shelter program
pursuant to title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.), $150,000,000, to
remain available until expended: Provided, That total
administrative costs shall not exceed 3.5 percent of the
total amount made available under this heading.

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

For necessary expenses for citizenship and immigration
services, $297,993,000, of which $176,400,000 is for
processing applications for asylum or refugee status; and of
which $103,400,000 is for the E-Verify Program, as authorized
by section 402 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note),
to assist United States employers with maintaining a legal
workforce: Provided, That notwithstanding any other provision
of law, funds available to United States Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to five vehicles, for replacement only, for
use in areas where the Administrator of General Services does
not provide vehicles for lease: Provided further, That the
Director of United States Citizenship and Immigration
Services may authorize employees of United States Citizenship
and Immigration Services who are assigned to those areas to
use such vehicles to travel between the employees' residences
and places of employment: Provided further, That none of the
funds made available in this Act for grants for immigrant
integration may be used to provide services to aliens who
have not been lawfully admitted to the United States for
permanent residence.

Federal Law Enforcement Training Center

salaries and expenses

For necessary expenses of the Federal Law Enforcement
Training Center as authorized under section 884 of the
Homeland Security Act of 2002 (6 U.S.C. 464), including
materials and support costs of Federal law enforcement basic
training; the purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles;
expenses for student athletic and related activities; the
conduct of and participation in firearms matches and
presentation of awards; public awareness and enhancement of
community support of law enforcement training; room and board
for student interns; a flat monthly reimbursement to
employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109
of title 5, United States Code, $234,500,000, of which up to
$48,420,000 shall remain available until September 30, 2012,
for materials and support costs of Federal law enforcement
basic training; and of which not to exceed $12,000 shall be
for official reception and representation expenses: Provided,
That of the total amount made available under this heading,
not to exceed $30,000,000 shall be for management and
administration: Provided further, That the Center is
authorized to obligate funds in anticipation of
reimbursements from agencies receiving training sponsored by
the Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That the Director of the Federal Law Enforcement Training
Center shall schedule basic or advanced law enforcement
training, or both, at all four training facilities under the
control of the Federal Law Enforcement Training Center to
ensure that such training facilities are operated at the
highest capacity throughout the fiscal year: Provided
further, That section 1202(a) of the 2002 Supplemental
Appropriations Act for Further Recovery From and Response to
Terrorist Attacks on the United States (Public Law 107-206;
42 U.S.C. 3771 note), is amended by striking ``December 31,
2012'' and inserting ``December 31, 2013''.

accreditation

For necessary expenses of Federal Law Enforcement Training
Accreditation activities, $1,419,000, of which $300,000 shall
remain available until expended to be distributed to Federal
law enforcement agencies for expenses incurred participating
in training accreditation: Provided, That the Federal Law
Enforcement Training Accreditation Board, including
representatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation
of measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and
instructors.

acquisitions, construction, improvements, and related expenses

For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $38,456,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from Government
agencies requesting the construction of special use
facilities.

Science and Technology

management and administration

For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security

[[Page 19962]]

Act of 2002 (6 U.S.C. 181 et seq.), $145,959,000: Provided,
That not to exceed $10,000 shall be for official reception
and representation expenses.

research, development, acquisition, and operations

For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181
et seq.); and the purchase or lease of not to exceed five
vehicles, $902,651,000, of which $780,651,000 is to remain
available until September 30, 2013; and of which not less
than $122,000,000 is to remain available until September 30,
2015, solely for laboratory facilities: Provided, That not
less than $50,000,000 shall be available for university
programs: Provided further, That not less than $20,865,000
shall be available for the Southeast Region Research
Initiative at the United States Army Corps of Engineers'
Engineer Research and Development Center: Provided further,
That not less than $2,250,000 shall be available for
Distributed Environment for Critical Infrastructure
Decisionmaking Exercises: Provided further, That not less
than $500,000 shall be available to continue a project to
develop situational awareness and decision support
capabilities through remote sensing technologies: Provided
further, That not less than $1,000,000 shall be available to
continue a homeland security research, development, and
manufacturing pilot project.

Domestic Nuclear Detection Office

management and administration

For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 591 et seq.), for management and
administration of programs and activities, $36,400,000:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses: Provided further, That
not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committees on
Appropriations of the Senate and House of Representatives a
strategic plan of investments necessary to implement the
Department of Homeland Security's responsibilities under the
domestic component of the global nuclear detection
architecture that shall: (1) define each Departmental
entity's roles and responsibilities in support of the
domestic detection architecture, including any existing or
planned programs to pre-screen cargo or conveyances overseas;
(2) identify and describe the specific investments being made
by Departmental organizations in fiscal year 2011, and
planned for fiscal year 2012, to support the domestic
architecture and the security of sea, land, and air pathways
into the United States; (3) describe the investments
necessary to close known vulnerabilities and gaps, including
associated costs and timeframes, and estimates of feasibility
and cost effectiveness; and (4) explain how the Department's
research and development funding is furthering the
implementation of the domestic nuclear detection
architecture, including specific investments planned for
fiscal years 2011 and 2012.

research, development, and operations

For necessary expenses for radiological and nuclear
detection, development, testing, evaluation, and operations,
$191,242,000, to remain available until September 30, 2013:
Provided, That not later than 60 days after the date of
enactment of this Act, all prior year balances available for
transformational research and development shall be
transferred to Science and Technology ``Research,
Development, Acquisition, and Operations''.

systems acquisition

For expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems
in accordance with the global nuclear detection architecture,
$52,000,000, to remain available until September 30, 2013:
Provided, That none of the funds appropriated under this
heading in this Act or any other Act shall be obligated for
full-scale procurement of advanced spectroscopic portal
monitors until the Secretary of Homeland Security submits to
the Committees on Appropriations of the Senate and the House
of Representatives a report certifying that a significant
increase in operational effectiveness will be achieved by
such obligation: Provided further, That the Secretary shall
submit separate and distinct certifications prior to the
procurement of advanced spectroscopic portal monitors for
primary and secondary deployment that address the unique
requirements for operational effectiveness of each type of
deployment: Provided further, That the Secretary may continue
to consult with the National Academy of Sciences before
making such certifications: Provided further, That none of
the funds appropriated under this heading shall be used for
high-risk concurrent development and production of mutually
dependent software and hardware.

TITLE V

GENERAL PROVISIONS

(including rescissions of funds)

Sec. 501. 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. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2011, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program, project, or activity; (2)
eliminates a program, project, office, or activity; (3)
increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or
the House of Representatives for a different purpose; or (5)
contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in
the object classification tables contained in the fiscal year
2011 Budget Appendix for the Department of Homeland Security,
as modified by the explanatory statement accompanying this
Act, unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2011, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or proceeds
available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in
excess of $5,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a
change in existing programs, projects, or activities as
approved by the Congress, unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of
funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a
reprogramming of funds under subsection (b) and shall not be
available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after May 31, except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property.
Sec. 504. The Department of Homeland Security Working
Capital Fund, established pursuant to section 403 of the
Federal Financial Management Act of 1994 (Public Law 103-356;
31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2011: Provided, That
none of the funds appropriated or otherwise made available to
the Department of Homeland Security may be used to make
payments to the Working Capital Fund, except for the
activities and amounts allowed in the President's fiscal year
2011 budget: Provided further, That funds provided to the
Working Capital Fund shall be available for obligation until
expended to carry out the purposes of the Working Capital
Fund: Provided further, That all departmental components
shall be charged only for direct usage of each Working
Capital Fund service: Provided further, That funds provided
to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further,
That such funds shall be paid in advance or reimbursed at
rates which will return the full cost of each service:
Provided further, That the Working Capital Fund shall be
subject to the requirements of section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of the amount of any
unobligated balances remaining available at the end of fiscal
year 2011 from appropriations for salaries and expenses for
fiscal year 2011, under this Act shall remain available
through September 30, 2012, in the account and for the
purposes

[[Page 19963]]

for which the appropriations were provided: Provided, That
prior to the obligation of such funds, a request shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives for approval in accordance
with section 503 of this Act.
Sec. 506. Funds made available by 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 an Act authorizing
intelligence activities for fiscal year 2011.
Sec. 507. None of the funds made available by this Act may
be used to make a grant allocation, grant award, contract
award, other transaction agreement, a task or delivery order
on a Department of Homeland Security multiple award contract,
or to issue a letter of intent totaling in excess of
$1,000,000, or to announce publicly the intention to make
such an award, including a contract covered by the Federal
Acquisition Regulation, unless the Secretary of Homeland
Security notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full
business days in advance of making such an award or issuing
such a letter: Provided, That if the Secretary of Homeland
Security determines that compliance with this section would
pose a substantial risk to human life, health, or safety, an
award may be made without such notification and the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified not later than 5 full
business days after such an award is made or letter issued:
Provided further, That no notification shall involve funds
that are not available for obligation: Provided further, That
a notification under this section shall include the amount of
the award, the fiscal year for which the funds for the award
were appropriated, and the account from which the funds are
being drawn: Provided further, That the Federal Emergency
Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no
Federal department or agency shall purchase, construct, or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations of the
Senate and the House of Representatives, except that the
Federal Law Enforcement Training Center is authorized to
obtain the temporary use of additional facilities by lease,
contract, or other agreement for training that cannot be
accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, 528, and 530 of the
Department of Homeland Security Appropriations Act, 2008
(division E of Public Law 110-161; 121 Stat. 2073 et seq.)
shall apply with respect to funds made available in this Act
in the same manner as such sections applied to funds made
available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act (41 U.S.C. 10a et seq.).
Sec. 512. None of the funds made available in this Act may
be used by any person other than the Privacy Officer
appointed under subsection (a) of section 222 of the Homeland
Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that
changes be made to, delay, or prohibit the transmission to
Congress of any report prepared under paragraph (6) of such
subsection.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as
of June 1, 2004, by employees (including employees serving on
a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security
who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative
Assistants.
Sec. 515. (a) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air
carriers and airports to ensure that screening of cargo
carried on passenger aircraft, as that term is defined in
section 44901(g)(5) of title 49, United States Code,
increases incrementally each quarter until the requirement
under section 44901(g)(2)(B) of such title is met.
(b) Not later than 120 days after the end of each quarter,
the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on air cargo inspection statistics by airport and
air carrier detailing the incremental progress being made to
meet the requirement of section 44901(g)(2)(B) of title 49,
United States Code.
Sec. 516. Not later than 45 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report for that month that
includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract
employees for each office of the Department.
Sec. 517. Any funds appropriated to Coast Guard
``Acquisition, Construction, and Improvements'' for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot
patrol boat conversion that are recovered, collected, or
otherwise received as the result of negotiation, mediation,
or litigation, shall be available until expended for the Fast
Response Cutter program.
Sec. 518. None of the funds provided by this or any other
Act may be obligated for the development, testing,
deployment, or operation of any portion of a human resources
management system authorized by section 9701(a) of title 5,
United States Code, or by regulations prescribed pursuant to
such section, for an employee, as that term is defined in
section 7103(a)(2) of such title.
Sec. 519. Section 532(a) of the Department of the Homeland
Security Appropriations Act, 2007 (Public Law 109-295, 120
Stat. 1384) is amended by striking ``2010'' and inserting
``2011 and thereafter''.
Sec. 520. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor
thereto) for any Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared
disasters or emergencies unless--
(1) The responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of subsection 509(c) and
subsections 503(c)(3) and (c)(4)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and
section 302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143); and
(2) Not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the
President issues a declaration under section 401 or section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and 5191, respectively), the
Secretary of Homeland Security shall submit a notification of
the appointment of the Principal Federal Official and a
description of the responsibilities of such Official and how
such responsibilities are consistent with paragraph (1) to
the Committees on Appropriations of the Senate and the House
of Representatives, the Transportation and Infrastructure
Committee of the House of Representatives, and the Homeland
Security and Governmental Affairs Committee of the Senate.
(3) Not later than 60 days after the date of enactment of
this Act, the Secretary shall provide a report specifying
timeframes and milestones regarding the update of operations,
planning and policy documents, and training and exercise
protocols, to ensure consistency with paragraph (1) of this
section.
Sec. 522. (a) Except as provided in subsection (b), none of
the funds appropriated in this or any other Act to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, or the Office of the Chief
Financial Officer may be obligated for a grant or contract
funded under any such heading by any means other than full
and open competition.
(b) Subsection (a) does not apply to obligation of funds
for a contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that
is authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46
et seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by a Federal agency other than the Department of
Homeland Security using funds provided through an interagency
agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland
Security may waive the applicability of this section with
respect to the award of a contract if such a waiver is in

[[Page 19964]]

the interest of national security or if failure to waive such
applicability would pose a substantial risk to human health
or welfare.
(2) Not later than 5 days after the date on which the
Secretary of Homeland Security issues a waiver under this
subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and
the House of Representatives, including a description of the
contract to which the waiver applies and an explanation of
why the waiver authority was used. The Secretary may not
delegate the authority to grant such a waiver.
(d) In addition to the requirements established by
subsections (a), (b), and (c) of this section, the Inspector
General of the Department of Homeland Security shall review
departmental contracts awarded through means other than a
full and open competition to assess departmental compliance
with applicable laws and regulations: Provided, That the
Inspector General shall review selected contracts awarded in
the previous fiscal year through means other than a full and
open competition: Provided further, That in selecting which
contracts to review, the Inspector General shall consider the
cost and complexity of the goods and services to be provided
under the contract, the criticality of the contract to
fulfilling Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor performance,
and such other factors as the Inspector General determines
are relevant: Provided further, That no later than February
7, 2011, the Inspector General shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a report on the reviews conducted under this
section.
Sec. 523. None of the funds made available in this or any
other Act may be used to enforce section 4025(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3724) unless the Assistant
Secretary of Homeland Security (Transportation Security
Administration) reverses the determination of July 19, 2007,
that butane lighters are not a significant threat to civil
aviation security.
Sec. 524. None of the funds made available by this Act may
be used to take an action that would violate Executive Order
No. 13423 (72 Fed. Reg. 3919; relating to strengthening
Federal environmental, energy, and transportation
management).
Sec. 525. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date
of the enactment of this Act.
Sec. 526. None of the funds made available in this Act
shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 527. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of
background checks required by law to be completed prior to
the granting of the benefit have been received by United
States Citizenship and Immigration Services and such results
do not preclude the granting of the benefit.
Sec. 528. None of the funds made available in this or any
other Act for fiscal year 2011 and hereafter may be used to
destroy or put out to pasture any horse or other equine
belonging to any component or agency of the Department of
Homeland Security that has become unfit for service, unless
the trainer or handler is first given the option to take
possession of the equine through an adoption program that has
safeguards against slaughter and inhumane treatment.
Sec. 529. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 530. None of the funds provided in this Act under the
heading ``Office of the Chief Information Officer'' shall be
used for data center development other than for Data Center
One (National Center for Critical Information Processing and
Storage) until the Chief Information Officer certifies that
Data Center One is fully utilized as the Department's primary
data storage center at the highest capacity throughout the
fiscal year.
Sec. 531. 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. 532. None of the funds in this Act shall be used to
reduce the United States Coast Guard's Operations Systems
Center mission or its Government-employed or contract staff
levels.
Sec. 533. The Secretary of Homeland Security shall require
that all contracts entered into by the Department of Homeland
Security that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
Sec. 534. None of the funds made available to the ``Office
of the Secretary and Executive Management'' under this Act
may be expended to hire any new employees of the Department
of Homeland Security who are not verified through the E-
Verify Program established under title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
Sec. 535. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 536. None of the funds made available in this Act may
be used by the Secretary of Homeland Security or any delegate
of the Secretary to issue any rule or regulation which
implements the Notice of Proposed Rulemaking related to
Petitions for Aliens To Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Fed. Reg.
3984 (January 27, 2005).
Sec. 537. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9703(g)(4)(B) of title 31, Unites
States Code (added by Public Law 102-393) from the Department
of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the
funds identified for such a transfer may be obligated until
the Committees on Appropriations of the Senate and the House
of Representatives approve the proposed transfers.
Sec. 538. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 539. If the Assistant Secretary of Homeland Security
(Transportation Security Administration) determines that an
airport does not need to participate in the E-Verify Program
established under title IV of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note), the Assistant Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives that no security risks will result from such
nonparticipation.
Sec. 540. (a) Notwithstanding any other provision of this
Act, except as provided in subsection (b), and by the later
of 30 days after the date that the President determines
whether to declare a major disaster because of an event or
the date of the completion of any appeal by a Governor
regarding such determination, the Administrator shall submit
to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, the
Committees on Appropriations of the Senate and the House of
Representatives, and publish on the website of the Federal
Emergency Management Agency, a report regarding that
decision, summarizing damage assessment information used to
determine whether to declare a major disaster.
(b) The Administrator may redact from a report under
subsection (a) any data that the Administrator determines
would compromise national security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
Sec. 541. (a) Notwithstanding any other provision of law,
during fiscal year 2011 or any subsequent fiscal year, if the
Secretary of Homeland Security determines that the National
Bio- and Agro-defense Facility is to be located at a site
other than Plum Island, New York, the Secretary shall ensure
that the Administrator of General Services sells, through
public sale, all real and related personal property and
transportation assets that support Plum Island operations,
subject to such terms and conditions as may be necessary to
protect Government interests and meet program requirements.
(b) The proceeds of any sale described in subsection (a)
shall be deposited as offsetting

[[Page 19965]]

collections into the Department of Homeland Security Science
and Technology ``Research, Development, Acquisition, and
Operations'' account and, subject to appropriation, shall be
available until expended, for site acquisition, construction,
and costs related to the construction of the National Bio-
and Agro-defense Facility, including the costs associated
with the sale, including due diligence requirements,
necessary environmental remediation at Plum Island, and
reimbursement of any expenses incurred by the General
Services Administration.
Sec. 542. (a) For an additional amount for Science and
Technology, ``Research, Development, Acquisition, and
Operations'', $40,000,000, to remain available until
September 30, 2012, for construction of the Central Utility
Plant at the approved National Bio- and Agro-defense Facility
site in Manhattan, Kansas.
(b) The Department shall provide an update of the site-
specific biosafety and biosecurity mitigation risk assessment
of the National Bio- and Agro-defense Facility in Manhattan,
Kansas that integrates findings from the Department's risk
assessment, as well as findings from the National Academy of
Sciences' evaluation of the Department's risk assessment. The
update shall:
(1) include strategies to mitigate the 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 in Manhattan, Kansas;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local,
State, and national authorities and appropriate stakeholders)
if a release occurs, to detect and control the spread of
disease; and
(3) address how the Department will collaborate with the
United States Department of Agriculture and other appropriate
Federal departments and agencies to identify and complete
such additional studies as may be necessary in order to
secure a future permit from the United States Department of
Agriculture to operate the National Bio- and Agro-defense
Facility safely and securely.
(c) The Secretary 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 4 months after the date
the Department of Homeland Security concludes its mitigation
risk assessment.
Sec. 543. Any official who is required by this Act to
report or certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 544. Section 203(m) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(m)) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2011''.
Sec. 545. 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. 546. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301.10-124 of title 41, Code of Federal Regulations.
Sec. 547. For purposes of section 210C of the Homeland
Security Act of 2002 (6 U.S.C. 124j), for fiscal year 2011
and hereafter, a rural area shall also include any area that
is located in a metropolitan statistical area and a county,
borough, parish, or area under the jurisdiction of an Indian
tribe with a population of not more than 50,000.
Sec. 548. None of the funds made available in this Act may
be used to propose or effect a disciplinary or adverse action
with respect to any Department of Homeland Security employee
who engages regularly with the public in the performance of
his or her official duties solely because that employee
elects to utilize protective equipment or measures, including
surgical masks, N95 respirators, gloves, or hand-sanitizers,
where use of such equipment or measures is in accordance with
Department of Homeland Security policy, and Centers for
Disease Control and Prevention and Office of Personnel
Management guidance.
Sec. 549. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 550. (a) Any company that collects or retains personal
information directly from any individual who participates in
the Registered Traveler program of the Transportation
Security Administration shall safeguard and dispose of such
information in accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide
for Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled
``Recommended Security Controls for Federal Information
Systems and Organizations''; and
(3) any supplemental standards established by the Assistant
Secretary, Transportation Security Administration (referred
to in this section as the ``Assistant Secretary'').
(b) The airport authority or air carrier operator that
sponsors the company under the Registered Traveler program
shall be known as the Sponsoring Entity.
(c) The Assistant Secretary shall require any company
covered by subsection (a) to provide, not later than 30 days
after the date of the enactment of this Act, to the
Sponsoring Entity written certification that the procedures
used by the company to safeguard and dispose of information
are in compliance with the requirements under subsection (a).
Such certification shall include a description of the
procedures used by the company to comply with such
requirements.
(d) Not later than 90 days after the date of the enactment
of this Act, the Assistant Secretary shall submit to the
Committees on Appropriations of the Senate and House of
Representatives a report that includes a description of--
(1) the procedures that have been used to safeguard and
dispose of personal information collected through the
Registered Traveler program; and
(2) the status of any certifications required to be
submitted by subsection (c).
Sec. 551. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract.
Sec. 552. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253) or chapter 137 of title
10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above
referenced statutes.

(including transfers of funds)

Sec. 553. (a) Funds made available by this Act solely for
data center migration may be transferred by the Secretary
between appropriations for the same purpose, notwithstanding
section 503 of this Act.
(b) No transfer described in (a) shall occur until 15 days
after the Committees on Appropriations of the Senate and the
House of Representatives are notified of such transfer.
Sec. 554. The administrative law judge annuitants
participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management
under section 3323 of title 5, United States Code, shall be
available on a temporary re-employment basis to conduct
arbitrations of disputes as part of the arbitration panel
established by the President under section 601 of division A
of the American Recovery and Reinvestment Act of 2009 (Public
Law 111-5; 123 Stat. 164).
Sec. 555. For an additional amount for the ``Office of the
Under Secretary for Management'', $270,800,000 to remain
available until expended for necessary expenses to plan,
acquire, construct, renovate, remediate, equip, furnish, and
occupy buildings and facilities to consolidate the Department
of Homeland Security headquarters at St. Elizabeths, and for
associated mission support lease consolidation: Provided,
That the Committees on Appropriations of the Senate and House
of Representatives shall receive an expenditure plan no later
than 60 days after the date of enactment of this Act
detailing the allocation of these funds.

(including transfers of funds)

Sec. 556. For an additional amount for the ``Office of the
Under Secretary for Management'', $10,000,000, to increase
the acquisition workforce capacity and capabilities of the
Department of Homeland Security: Provided, That such funds
may be transferred by the Under Secretary for Management to
any other account in the Department to carry out the purposes
provided herein: Provided further, That such transfer
authority is in addition to any other transfer authority
provided in this Act, but no transfer shall occur until 15
days after the Committees on Appropriations of the Senate and
the House of Representatives are notified of such transfer:
Provided further, That any such notification shall include an
expenditure plan that outlines the amount of funds to be
obligated, the number of personnel to be hired and the
details of any other intended uses of these funds: Provided
further, That such funds shall be available only to
supplement and not to supplant existing acquisition workforce
activities: Provided further, That such funds shall be
available for training, recruitment, retention, and hiring
additional members of the acquisition workforce as defined by
the Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.): Provided further, That such funds shall be
available for information technology in support of
acquisition workforce effectiveness or for management
solutions to improve acquisition management.
Sec. 557. Section 559(e) of the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83) is
amended--

[[Page 19966]]

(1) in the matter preceding the first proviso, by striking
``law, sell'' and inserting ``law, hereafter sell''; and
(2) in the first proviso---
(A) by striking ``shall be deposited'' and inserting
``shall hereafter be deposited''; and
(B) by striking ``subject to appropriation,'' and inserting
``without further appropriations,''.
Sec. 558. (a) Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, a report that either--
(1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section
44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--
(A) a plan to meet the requirement under section 44901(g)
of title 49, United States Code, to screen 100 percent of air
cargo transported on passenger aircraft arriving in the
United States in foreign air transportation (as that term is
defined in section 40102 of that title); and
(B) specification of--
(i) the percentage of such air cargo that is being
screened; and
(ii) the schedule for achieving screening of 100 percent of
such air cargo.
(b) The Assistant Secretary shall continue to submit
reports described in subsection (a)(2) every 180 days
thereafter until the Assistant Secretary certifies that the
Transportation Security Administration has achieved screening
of 100 percent of such air cargo.
Sec. 559. In developing any process to screen aviation
passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure
that any processes developed take into consideration such
passengers' and crews' privacy and civil liberties consistent
with applicable laws, regulations, and guidance.
Sec. 560. Notwithstanding any other provision of law,
should the Secretary of Homeland Security determine that
specific U.S. Immigration and Customs Enforcement Service
Processing Centers or other U.S. Immigration and Customs
Enforcement owned detention facilities no longer meet the
mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention
facilities by directing the Administrator of General Services
to sell all real and related personal property which support
Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities, subject to
such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the
proceeds, net of the costs of sale incurred by the General
Services Administration and U.S. Immigration and Customs
Enforcement, shall be deposited as offsetting collections
into a separate account that shall be available, subject to
appropriation, until expended for other real property capital
asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and
maintenance costs, as the Secretary deems appropriate:
Provided further, That any sale or collocation of federally
owned detention facilities shall not result in the
maintenance of fewer than 33,400 detention beds: Provided
further, That the Committees on Appropriations of the Senate
and the House of Representatives shall be notified 15 days
prior to the announcement of any proposed sale or
collocation.
Sec. 561. (a) Civil Penalties.--Section 46301(a)(5)(A)(i)
of title 49, United States Code, is amended--
(1) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties.--Section 46314(b) of title 49,
United States Code, is amended to read as follows:
``(b) Criminal Penalty.--A person violating subsection (a)
of this section shall be fined under title 18, imprisoned for
not more than 10 years, or both.''.
(c) Notice of Penalties.--Section 46314 of title 49, United
States Code, is amended by adding at the end the following
new subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in the
United States that is required to establish an air
transportation security program pursuant to section 44903(c)
shall ensure that signs that meet such requirements as the
Secretary of Homeland Security may prescribe providing notice
of the penalties imposed under sections 46301(a)(5)(A)(i) and
subsection (b) of this section, are displayed near all
screening locations, all locations where passengers exit the
sterile area, and such other locations at the airport as the
Secretary of Homeland Security determines appropriate.
``(2) Effect of signs on penalties.--An individual shall be
subject to the penalty provided for under section
46301(a)(5)(A)(i) and subsection (b) of this section without
regard to whether signs are displayed at an airport as
required by paragraph (1).''.
Sec. 562. Section 301(b) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) United Way Worldwide.''; and
(2) by striking paragraph (5) and inserting the following:
``(5) The Jewish Federations of North America, Inc.''.
Sec. 563. Lot 1 of the Morning Heights Subdivision, Lot 2
and PT ST of the Morning Heights Subdivision, Lot 1 and PT ST
of the Bayless Addition, and Lot 24 of the Bayless Addition
in Findlay, Ohio, shall be available for construction and
operation of portions of a flood control levee if a
feasibility study completed by the Chief of Engineers, of the
civil works program, of the United States Army Corps of
Engineers indicates that such construction is the most
appropriate and cost-effective flood risk management project
for the area: Provided, That those portions of the properties
identified by the Chief of Engineers for construction and
operation of portions of the flood control levee pursuant to
the preceding proviso shall be excepted from section
404(b)(2)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, and those portions of the named
properties that are not used to construct and operate
portions of said flood control levee shall remain deeded as
open space in perpetuity, in accordance with section
404(b)(2)(B).

(including transfers of funds)

Sec. 564. Notwithstanding the 10 percent limitation
contained in section 503(c) of this Act, 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 the House of Representatives
5 days in advance of such transfer.

(including transfers of funds)

Sec. 565. (a) The Secretary of Homeland Security may
transfer to the Secretary of the Interior amounts available
for environmental mitigation requirements for ``U.S. Customs
and Border Protection--Border Security Fencing,
Infrastructure, and Technology'' for fiscal year 2009 or
thereafter, for use by the Secretary of the Interior under
laws administered by such Secretary to mitigate adverse
environmental impacts, including impact on species listed
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) resulting from construction, operation, and maintenance
activities related to border security.
(b) Uses of funds authorized by this section include
acquisition of land or interests in land that will, in the
judgment of the Secretary of the Interior, mitigate or offset
such adverse impacts.
(c) Any funds transferred under this section shall be used
in accordance with an agreement between the Secretaries.
(d) Not later than September 30, 2011, and on an annual
basis thereafter, the Secretary of the Interior, in
consultation with the Secretary of Homeland Security, shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report that describes in
detail the actions taken in the preceding year with amounts
transferred under this section.
Sec. 566. (a) Subject to subsection (b), for fiscal year
2011, the Coast Guard may enter into Economy Act Agreements
(31 U.S.C. 1535) with the Secretary of the Navy for the
disposal of Coast Guard vessels pursuant to the authority,
terms and conditions set forth in 10 U.S.C. 7305 and 7305a.
(b) Any agreement entered into under subsection (a) shall
be at no additional cost to the United States Navy.
Sec. 567. For fiscal year 2011 and hereafter, U.S. Customs
and Border Protection's Advanced Training Center is
authorized to charge fees for any service and/or thing of
value it provides to Federal Government or non-government
entities or individuals, so long as the fees charged do not
exceed the full costs associated with the service or thing of
value provided: Provided, That notwithstanding 31 U.S.C.
3302(b), fees collected by the Advanced Training Center are
to be deposited into a separate account entitled the
``Advanced Training Center Revolving Fund'', and be
available, without further appropriations, for necessary
expenses of the Advanced Training Center program, and are to
remain available until expended.
Sec. 568. Notwithstanding any other provision of law,
including any agreement, the Federal share of assistance,
including direct Federal assistance provided under sections
403, 406, and 407 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5140b, 5172, and
5173), for damages resulting from FEMA-1867-DR, FEMA-1873-DR,
FEMA-1889-DR, and FEMA-1897-DR shall not be less than 90
percent of the eligible costs under such sections.
Sec. 569. The Administrator of the Federal Emergency
Management Agency shall consider as non-discretionary the
decision to award grants for the construction and equipping
of any interoperable communications system for which
construction was initiated before June 1, 2009, for which
grant applications were made under section 573 of division

[[Page 19967]]

E of the Consolidated Appropriations Act, 2008 (Public Law
110-161), section 10501 of division B of the Consolidated
Security, Disaster Assistance, and Continuing Appropriations
Act, 2009 (Public Law 110-329), or section 603 of the
Supplemental Appropriations Act, 2009 (Public Law 111-32).

rescissions

Sec. 570. The following unobligated balances made
available pursuant to section 505 of Public Law 111-83 are
rescinded: $886,665 from the ``Office of the Secretary and
Executive Management''; $603,638 from the ``Office of the
Under Secretary for Management''; $24,379 from the ``Office
of the Chief Financial Officer''; $29,736 from the ``Office
of the Chief Information Officer''; $183,762 from ``Analysis
and Operations''; $76,498 from the ``Office of the Federal
Coordinator for Gulf Coast Rebuilding''; $152,735 from the
``Office of Inspector General''; $7,610,588 from U.S. Customs
and Border Protection ``Salaries and Expenses''; $3,443,644
from U.S. Immigration and Customs Enforcement ``Salaries and
Expenses''; $4,542,980 from the Transportation Security
Administration ``Federal Air Marshals''; $246,435 from Coast
Guard ``Operating Expenses''; $2,965,312 from Coast Guard
``Reserve Training''; $83,784 from National Protection and
Programs Directorate ``Management and Administration'';
$551,737 from National Protection and Programs Directorate
``Infrastructure Protection and Information Security'';
$700,167 from United States Secret Service ``Salaries and
Expenses''; $863,628 from Federal Emergency Management Agency
``Management and Administration''; $837,953 from ``Office of
Health Affairs''; $32,945,983 from ``United States
Citizenship and Immigration Services''; $927,823 from Federal
Law Enforcement Training Center ``Salaries and Expenses'';
$346,637 from Science and Technology ``Management and
Administration''; and $42,257 from Domestic Nuclear Detection
Office ``Management and Administration''.
Sec. 571. Of the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code, that was added
to such title by section 638 of Public Law 102-393,
$22,600,000 are rescinded.
Sec. 572. From the unobligated balances for ``Operations''
of funds transferred to the Department of Homeland Security
when it was created in 2003, $1,891,657 are rescinded.
Sec. 573. From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border
Protection ``Automation Modernization'', $10,000,000 are
rescinded.
Sec. 574. From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border
Protection ``Border Security Fencing, Infrastructure, and
Technology'', $68,000,000 are rescinded.
Sec. 575. Of the unobligated balances available for U.S.
Customs and Border Protection ``Construction'' for
construction projects in prior year appropriations,
$99,772,000 are rescinded: Provided, That amounts rescinded
shall be limited to Border Patrol projects and facilities:
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 Control Act of
1985.
Sec. 576. From the unobligated balances of funds for the
``Violent Crime Reduction Program'' transferred to the
Department of Homeland Security when it was established in
2003, $4,912,245 are rescinded.
Sec. 577. From the unobligated balances of prior year
appropriations made available for U.S. Customs and Border
Protection, ``Salaries and Expenses'' transferred to the
Department of Homeland Security when it was established in
2003, $18,122,393 are rescinded.
Sec. 578. From the unobligated balances of prior year
appropriations made available for Transportation Security
Administration, $15,000,000 are 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. 579. From the unobligated balances of prior year
appropriations made available for 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 to the
Committees on Appropriations of the Senate and the House of
Representatives which describes the amounts rescinded and the
original purpose of such funds no later than 15 days after
the date of enactment of this Act.
Sec. 580. From the unobligated balances of prior year
appropriations made available for the Federal Emergency
Management Agency ``National Pre-Disaster Mitigation Fund'',
$18,173,641 are rescinded.
Sec. 581. From the unobligated balances of funds for the
``Office for Domestic Preparedness'' transferred to the
Department of Homeland Security when it was established in
2003, $10,568,964 are rescinded.
Sec. 582. From the unobligated balances of prior year
appropriations made available for United States Visitor and
Immigrant Status Indicator Technology, $28,000,000 are
rescinded: Provided, That none of these rescissions may be
taken from the $50,000,000 in unobligated balances of prior-
year appropriations made available for a biometric air exit
capability.
Sec. 583. From unobligated balances of prior year
appropriations made available for United States Citizenship
and Immigration Services for the program commonly known as
the ``REAL ID hub'', $18,500,000 are rescinded.
Sec. 584. From the unobligated balances of prior year
appropriations made available for Science and Technology
``Research, Development, Acquisition, and Operations'',
$62,900,000 are rescinded: Provided, That this rescission
shall not apply to funds made available for Laboratory
Facilities in Public Law 111-83.
Sec. 585. From the unobligated balances of prior year
appropriations made available for Domestic Nuclear Detection
Office ``Research, Development, and Operations'', $27,000,000
are rescinded.
Sec. 586. From the unobligated balances made available for
Coast Guard ``Operating Expenses'' in chapter 6 of title I of
Public Law 111-212, $5,000,000 are rescinded.
Sec. 587. From the unobligated balances made available for
``United States Citizenship and Immigration Services'' in
chapter 6 of title I of Public Law 111-212, $6,500,000 are
rescinded.
Sec. 588. From the unobligated balances made available for
Coast Guard ``Acquisition, Construction, and Improvements''
in chapter 5 of title I of division B of Public Law 110-329,
$7,000,000 are rescinded.
Sec. 589. From the unobligated balances made available for
Transportation Security Administration ``Aviation Security''
in chapter 5 of title III of Public Law 110-28, $18,345,000
are rescinded.
Sec. 590. From the unobligated balances made available for
``Office of the Secretary and Executive Management'' in
chapter 4 of title II of division B of Public Law 109-148,
$196,653 are rescinded.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2011''.

DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011

TITLE I

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$954,633,000, to remain available until expended; of which
$4,000,000 shall be available in fiscal year 2011 subject to
a match by at least an equal amount by the National Fish and
Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be
advanced to the Foundation as a lump sum grant without regard
to when expenses are incurred.
In addition, $45,500,000 is for the processing of
applications for permit to drill and related use
authorizations, to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to
this appropriation that shall be derived from $6,500 per new
application for permit to drill that the Bureau shall collect
upon submission of each new application, and in addition,
$20,000,000 is for conducting oil and gas inspection
activities, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this
appropriation that shall be derived from fees that the Bureau
shall collect to offset inspection costs, as provided for in
this Act, and in addition, $36,696,000 is for Mining Law
Administration program operations, including the cost of
administering the mining claim fee program; to remain
available until expended, to be reduced by amounts collected
by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby
authorized for fiscal year 2011 so as to result in a final
appropriation estimated at not more than $954,633,000, and
$2,000,000, to remain available until expended, from
communication site rental fees established by the Bureau for
the cost of administering communication site activities.

construction

For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $4,066,000, to
remain available until expended.

land acquisition

For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $36,550,000, to be derived from the Land

[[Page 19968]]

and Water Conservation Fund and to remain available until
expended.

oregon and california grant lands

For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $111,759,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).

range improvements

For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.

service charges, deposits, and forfeitures

For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.

miscellaneous trust funds

In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.

administrative provisions

The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States. For
October 1, 2010 and hereafter, in carrying out work involving
cooperation with any State or political subdivision thereof,
the Bureau may record obligations against accounts receivable
from any such entities. Appropriations for the Bureau shall
be available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis. Appropriations herein made shall not be available for
the destruction of healthy, unadopted, wild horses and burros
in the care of the Bureau or its contractors or for the sale
of wild horses and burros that results in their destruction
for processing into commercial products: Provided further,
That the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c) (except that the 5 year term restriction in
subsection (d) shall not apply), for the long-term care and
maintenance of excess wild horses and burros by such
organizations or entities on private land. Such cooperative
agreements and contracts may not exceed 10 years, subject to
renewal at the discretion of the Secretary.

United States Fish and Wildlife Service

resource management

For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,296,770,000, to remain available until
September 30, 2012 except as otherwise provided herein:
Provided, That not to exceed $21,945,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4
of the Endangered Species Act, as amended, (except for
processing petitions, developing and issuing proposed and
final regulations, and taking any other steps to implement
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $10,548,000 shall be
used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1)
prior to October 1, 2010; of which not to exceed $1,500,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act, as amended,
for species that are not indigenous to the United States:
Provided further, That, in fiscal year 2011 and hereafter of
the amount available for law enforcement, up to $400,000, to
remain available until expended, may at the discretion of the
Secretary be used for payment for information, rewards, or
evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary
and to be accounted for solely on the Secretary's
certificate.

construction

For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $35,676,000, to remain available until
expended.

land acquisition

For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $101,925,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, notwithstanding 16 U.S.C.
460l-9, not more than $5,000,000 shall be for land
conservation partnerships authorized by the Highlands
Conservation Act of 2004, including not to exceed $160,000
for administrative expenses: Provided, That none of the funds
appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or
other management costs.

cooperative endangered species conservation fund

For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, $85,000,000, to remain available until expended, of
which $35,000,000 is to be derived from the Cooperative
Endangered Species Conservation Fund, of which $4,987,000
shall be for the Idaho Salmon and Clearwater River Basins
Habitat Account pursuant to the Snake River Water Rights Act
of 2004; and of which $50,000,000 is to be derived from the
Land and Water Conservation Fund.

national wildlife refuge fund

For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,500,000.

north american wetlands conservation fund

For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, as amended (16
U.S.C. 4401-4414), $45,000,000, to remain available until
expended.

[[Page 19969]]

neotropical migratory bird conservation

For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101
et seq.), $5,000,000, to remain available until expended.

multinational species conservation fund

For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225,
4241-4246, and 1538), the Asian Elephant Conservation Act of
1997 (16 U.S.C. 4261-4266), the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5301-5306), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301-6305), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-6606),
$12,000,000, to remain available until expended.

state and tribal wildlife grants

For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $90,000,000, to remain
available until expended: Provided, That of the amount
provided herein, $7,000,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$5,000,000 is for a competitive grant program for States,
territories, and other jurisdictions with approved plans, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$12,000,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2011 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2012, shall be reapportioned, together with funds
appropriated in 2013, in the manner provided herein.

administrative provisions

The Fish and Wildlife Service may carry out the operations
of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds
available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads
within and adjacent to reservation areas caused by operations
of the Service; options for the purchase of land at not to
exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent
with their primary purpose; and the maintenance and
improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft.

National Park Service

operation of the national park system

For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including expenses to carry out
programs of the United States Park Police), and for the
general administration of the National Park Service,
$2,298,577,000, of which $9,943,000 for planning and
interagency coordination in support of Everglades restoration
and $98,092,000 for maintenance, repair or rehabilitation
projects for constructed assets, operation of the National
Park Service automated facility management software system,
and comprehensive facility condition assessments shall remain
available until September 30, 2012.

national recreation and preservation

For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $67,958,000, of which $3,000,000 under section 7301(b)
of the Omnibus Public Land Management Act of 2009 (Public Law
111-11) shall be available for competitive grants for
programs and projects related to the sesquicentennial of the
American Civil War.

historic preservation fund

For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $78,000,000, to be derived from the Historic
Preservation Fund and to remain available until September 30,
2012; of which $20,000,000 shall be for Save America's
Treasures grants as authorized by section 7303 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11).

construction

For construction, improvements, repair or replacement of
physical facilities, including modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $197,105,000, to remain available
until expended: Provided, That for fiscal year 2011, funds
provided in this account shall be available, not to exceed
$4,000,000, for further payments consistent with an agreement
signed by the Secretary of the Interior that supersedes the
agreement of July 30, 1943 (relating to the construction of
the North Shore Road from the eastern boundary of Great Smoky
Mountains National Park), and such payments shall be
considered construction, improvements, repair or replacement
of physical facilities for purposes of this account: Provided
further, That notwithstanding any other provision of law, a
single procurement for phase 1 of the National Mall
improvement project number 151515, may be issued that
includes the full scope of this phase of the project, so long
as the solicitation and contract shall contain the clause
``availability of appropriated funds'' found in CFR section
52.232.18 of title 48: Provided further, That the National
Park Service may acquire through donation, land near Great
Smoky Mountains National Park and adjacent to the Great Smoky
Mountains Heritage Museum, in Townsend, Tennessee for the
purpose of constructing a curatorial storage facility for the
park.

land and water conservation fund

(rescission)

The contract authority provided for fiscal year 2011 by 16
U.S.C. 460l-10a is rescinded.

land acquisition and state assistance

For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $143,423,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $50,000,000 is for the State
assistance program and of which $6,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by section 7301 of the Omnibus Public Land Management Act of
2009 (Public Law 111-11): Provided, That notwithstanding
sections 6(b)(3) and 6(c) of the Land and Water Conservation
Fund Act of 1965, as amended, payments to any State through a
competitive demonstration grants program shall not be counted
towards an individual State's total allocation subject to the
10 per centum annual limitation and shall not cover more than
70 per centum of the total cost of the demonstration grant
project.

administrative provisions

(including transfer of funds)

In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefitting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service

[[Page 19970]]

may retain up to 3 percent of the amounts which are
authorized to be disbursed under such section, such retained
amounts to remain available until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.

United States Geological Survey

surveys, investigations, and research

For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,154,179,000, to
remain available until September 30, 2012, of which
$65,598,000 shall be available only for cooperation with
States or municipalities for water resources investigations;
of which $53,500,000 shall remain available until expended
for satellite operations; of which $4,807,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; and of
which $2,000,000 shall be available to fund the operating
expenses for the Civil Applications Committee: Provided, That
none of the funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.

administrative provisions

From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for reimbursement to the General Services
Administration for security guard services; contracting for
the furnishing of topographic maps and for the making of
geophysical or other specialized surveys when it is
administratively determined that such procedures are in the
public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the
United States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the
Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States
Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purposes.

Bureau of Ocean Energy Management, Regulation, and Enforcement

(formerly the minerals management service)

royalty and offshore minerals management

(including transfer of funds)

For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
for energy-related or other authorized marine-related
purposes on the Outer Continental Shelf; and for matching
grants or cooperative agreements, $221,113,000, to remain
available until September 30, 2012, of which $113,174,000
shall be available for royalty management activities; and an
amount not to exceed $154,890,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, and from cost recovery fees:
Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year
2011, such amounts as are assessed under 31 U.S.C. 9701 shall
be collected and credited to this account and shall be
available until expended for necessary expenses: Provided
further, That to the extent $154,890,000 in addition to
receipts are not realized from the sources of receipts stated
above, the amount needed to reach $154,890,000 shall be
credited to this appropriation from receipts resulting from
rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That for fiscal year
2011 and each fiscal year thereafter, the term ``qualified
Outer Continental Shelf revenues'', as defined in section
102(9)(A) of the Gulf of Mexico Energy Security Act, division
C of Public Law 109-432, shall include only the portion of
rental revenues that would have been collected at the rental
rates in effect before August 5, 1993: Provided further, That
not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding
any other provision of law, $15,000 under this heading shall
be available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Bureau of
Ocean Energy Management, Regulation, and Enforcement
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments.
For an additional amount, $60,000,000, to remain available
until expended, which shall be derived from nonrefundable
inspection fees collected in fiscal year 2011, as provided in
this Act: Provided, That to the extent that such amounts are
not realized from such fees, the amount needed to reach
$60,000,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental
Shelf leases in effect before August 5, 1993: Provided
further, That to implement a reorganization of the Bureau of
Ocean Energy Management, Regulation, and Enforcement the
Secretary may establish accounts, transfer funds among and
between the offices and bureaus affected by the
reorganization, and take any other administrative actions
necessary in conformance with the Appropriations Committees'
reprogramming guidance (as described in House Report 111-316,
the explanatory statement accompanying Public Law 111-88).

oil spill research

(including transfer of funds)

For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $11,768,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended: Provided, That to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation, and Enforcement the Secretary may
establish accounts, transfer funds among and between the
offices and bureaus affected by the reorganization, and take
any other administrative actions necessary in conformance
with the Appropriations Committees' reprogramming guidance
(as described in House Report 111-316, the explanatory
statement accompanying Public Law 111-88).

administrative provision

Notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the
Secretary shall deduct 2 percent from the amount payable to
each State in fiscal year 2011 and deposit the amount
deducted to miscellaneous receipts of the Treasury.

Office of Surface Mining Reclamation and Enforcement

regulation and technology

For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, $127,185,000, to remain available
until September 30, 2012: Provided, That appropriations for
the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.

abandoned mine reclamation fund

For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, $34,909,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97-365, the
Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the
United States Government to pay for contracts to collect
these debts: Provided further, That funds made available
under title IV of Public Law 95-87 may be used for any
required non-Federal share of the cost of projects funded by
the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine
drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided
further, That amounts provided under this heading may be used
for the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.

administrative provision

With funds available for the Technical Innovation and
Professional Services program

[[Page 19971]]

in this Act, the Secretary may transfer title for computer
hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.

Bureau of Indian Affairs and Bureau of Indian Education

operation of indian programs

(including transfer of funds)

For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$2,404,029,000, to remain available until September 30, 2012
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; of which not to exceed $74,911,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary may exceed such
cap, from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the
disaster; and of which, notwithstanding any other provision
of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$187,526,000 shall be available for payments for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2011, as authorized by
such Act, except that tribes, and tribal organizations, may
use their tribal priority allocations for unmet contract
support costs of ongoing contracts, grants, or compacts, or
annual funding agreements and for unmet welfare assistance
costs; of which not to exceed $590,111,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2011, and shall
remain available until September 30, 2012; Provided further,
That notwithstanding any prohibitions in this Act, the Bureau
shall fund the school operations costs of Jones Academy for
the 2011-2012 school year in Hartshorne, Oklahoma for grades
1-6 as if Jones Academy were in the Bureau school system as
of October 1, 1995 and in determining the academic ISEP
formula pursuant to 25 CFR Part 39 for the 2011-2012 school
year, Jones Academy shall be funded for academic ISEP based
on its average student enrollment for the 2008-2009, 2009-
2010, and 2010-2011 school years, and thereafter based on its
three-year average enrollment determined pursuant to 25 CFR
Part 39; and of which not to exceed $59,630,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian
Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $46,373,000 within
and only from such amounts made available for school
operations shall be available for administrative cost grants
associated with ongoing grants entered into with the Bureau
prior to or during fiscal year 2010 for the operation of
Bureau-funded schools, and up to $500,000 within and only
from such amounts made available for administrative cost
grants shall be available for the transitional costs of
initial administrative cost grants to grantees that assume
operation on or after July 1, 2010, of Bureau-funded schools:
Provided further, That any forestry funds allocated to a
tribe which remain unobligated as of September 30, 2012, may
be transferred during fiscal year 2013 to an Indian forest
land assistance account established for the benefit of the
holder of the funds within the holder's trust fund account:
Provided further, That any such unobligated balances not so
transferred shall expire on September 30, 2013: Provided
further, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel.

construction

(including transfer of funds)

For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $125,723,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2011, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant
schools under Public Law 100-297, as amended, the Secretary
of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs
contained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject to
section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant
applications, the Secretary shall consider whether such
grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes
and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(b), with respect to organizational
and financial management capabilities: Provided further, That
if the Secretary declines a grant application, the Secretary
shall follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and
any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further,
That in order to ensure timely completion of construction
projects, the Secretary may assume control of a project and
all funds related to the project, if, within 18 months of the
date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.

indian land and water claim settlements and miscellaneous payments to
indians

For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 108-447,
109-479, 110-297, and 111-11, and for implementation of other
land and water rights settlements, $46,480,000, to remain
available until expended.

indian guaranteed loan program account

For the cost of guaranteed loans and insured loans,
$8,158,000, of which $1,572,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974,
as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $83,740,196.

indian land consolidation

For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $1,000,000, to remain available until expended.

administrative provisions

The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan
Guaranty and Insurance Fund Liquidating Account, Indian
Guaranteed Loan Financing Account, Indian Direct Loan
Financing Account, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et

[[Page 19972]]

seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter schools operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.

Departmental Offices

Office of the Secretary

salaries and expenses

(including transfer of funds)

For necessary expenses for management of the Department of
the Interior, $121,987,000; of which not to exceed $15,000
may be for official reception and representation expenses;
and of which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines; and of which $14,136,000 for consolidated
appraisal services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended:
Provided, That, for each fiscal year through fiscal year
2012, up to $400,000 of the payments authorized by the Act of
October 20, 1976, as amended (31 U.S.C. 6901-6907) may be
retained for administrative expenses of the Payments in Lieu
of Taxes Program: Provided further, That no payment shall be
made pursuant to that Act to otherwise eligible units of
local government if the computed amount of the payment is
less than $100: Provided further, That to implement a
reorganization of the Bureau of Ocean Energy Management,
Regulation, and Enforcement the Secretary may establish
accounts, transfer funds among and between the offices and
bureaus affected by the reorganization, and take any other
administrative actions necessary in conformance with the
Appropriations Committees' reprogramming guidance (as
described in House Report 111-316, the explanatory statement
accompanying Public Law 111-88).

Insular Affairs

assistance to territories

For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$88,507,000, of which: (1) $77,808,000 shall remain available
until expended for territorial assistance, including general
technical assistance, maintenance assistance, disaster
assistance, insular management controls, coral reef
initiative activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $10,699,000
shall be available until September 30, 2012 for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local
governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by
such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be
made available for a grant to the Pacific Basin Development
Council: Provided further, That of the amounts provided for
technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).

compact of free association

For grants and necessary expenses, $5,318,000, to remain
available until expended, as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Association
for the Republic of Palau; and section 221(a)(2) of the
Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law
108-188.

administrative provisions

(including transfer of funds)

At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the
population of the area, credit elsewhere requirements, and
restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.

Office of the Solicitor

salaries and expenses

For necessary expenses of the Office of the Solicitor,
$67,894,000.

Office of Inspector General

salaries and expenses

For necessary expenses of the Office of Inspector General,
$49,560,000.

Office of the Special Trustee for American Indians

federal trust programs

(including transfer of funds)

For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $168,115,000, to remain available until expended, of
which not to exceed $31,534,000 from this or any other Act,
shall be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs''
account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Salaries and Expenses'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2011, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That, notwithstanding any other provision
of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on
the date of the enactment of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That,
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $15.00
or less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided

[[Page 19973]]

further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors
of either disbursements from or deposits to Individual Indian
Money or Tribal accounts after September 30, 2002: Provided
further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this
purpose.

Department-wide Programs

wildland fire management

(including transfers and rescission of funds)

For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $825,452,000,
to remain available until expended, of which not to exceed
$6,137,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews, Public Lands Corps (Public
Law 109-154), or related partnerships with State, local, or
nonprofit youth groups; (3) small or micro-businesses; or (4)
other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That
in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and
consistent application of the authorities provided herein:
Provided further, That funds appropriated under this head may
be used to reimburse the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the
costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act,
in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into noncompetitive
sole-source leases of real property with local governments,
at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties,
including but not limited to fire guard stations, retardant
stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease
or for construction activity associated with the lease:
Provided further, That the Secretary of the Interior and the
Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000, between the Departments
when such transfers would facilitate and expedite jointly
funded wildland fire management programs and projects:
Provided further, That funds provided for wildfire
suppression shall be available for support of Federal
emergency response actions: Provided further, That
$145,000,000 in unobligated fire suppression balances under
this heading in Public Law 111-8 and Public Law 111-88 are
hereby permanently rescinded.

flame wildfire suppression reserve fund

For deposit in the FLAME Wildfire Suppression Reserve Fund,
as authorized in the FLAME Act of 2009 (title V of division A
of Public Law 111-88), $96,000,000, to remain available until
expended.

central hazardous materials fund

For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,152,000, to remain available until expended.

natural resource damage assessment and restoration

natural resource damage assessment fund

To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public
Law 101-337, as amended (16 U.S.C. 19jj et seq.), $6,434,000,
to remain available until expended.

working capital fund

For the acquisition of a departmental financial and
business management system and information technology
improvements of general benefit to the Department,
$81,619,000, to remain available until expended: Provided,
That hereafter none of the funds in this Act or any other Act
may be used to establish reserves in the Working Capital Fund
account other than for accrued annual leave and depreciation
of equipment without prior approval of the House and Senate
Committees on Appropriations: Provided further, That for
fiscal years 2011 through 2013 the Secretary may assess
reasonable charges to State, local and tribal government
employees for training services provided by the National
Indian Program Training Center, other than training related
to Public Law 93-638: Provided further, That the Secretary
may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural,
educational, or recreational activities (as defined in 40
U.S.C. 3306(a)) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further,
That for fiscal years 2011 through 2013 all funds received
pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be
used by the Secretary for necessary expenses of the National
Indian Program Training Center: Provided further, That of the
funds made available under this heading, $2,500,000 shall be
used to increase acquisition workforce and capabilities and
to support the implementation of Department-wide strategic
sourcing vehicles for improved effectiveness and efficiency.

administrative provision

There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft.

General Provisions, Department of the Interior

(including transfers of funds)

emergency transfer authority--intra-bureau

Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.

emergency transfer authority--department-wide

Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided,

[[Page 19974]]

That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with
their use for wildland fire operations, such reimbursement to
be credited to appropriations currently available at the time
of receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire operations'' and ``FLAME
Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.

authorized use of funds

Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially
equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in
private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.

authorized use of funds, indian trust management

Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of the Special
Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings
shall be available for expenditure or transfer for Indian
trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.

redistribution of funds, bureau of indian affairs

Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2011. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.

twin cities research center

Sec. 106. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.

payment of fees

Sec. 107. The Secretary of the Interior may use
discretionary funds to pay private attorney fees and costs
for employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Salazar to the extent that such fees and costs are not paid
by the Department of Justice or by private insurance. In no
case shall the Secretary make payments under this section
that would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Salazar.

mass marking of salmonids

Sec. 108. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.

ellis, governors, and liberty islands

Sec. 109. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.

prohibition on use of funds, mojave national preserve

Sec. 110. (a) Any proposed new use of the Arizona &
California Railroad Company's Right of Way for conveyance of
water shall not proceed unless the Secretary of the Interior
certifies that the proposed new use is within the scope of
the Right of Way.
(b) No funds appropriated or otherwise made available to
the Department of the Interior may be used, in relation to
any proposal to store water underground for the purpose of
export, for approval of any right-of-way or similar
authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated
with such right-of-way or similar approval.

ice age national scenic trail

Sec. 111. Funds provided in this Act for Federal land
acquisition by the National Park Service for Ice Age National
Scenic Trail may be used for a grant to a State, a local
government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the
Land and Water Conservation Fund Act of 1965 as amended.

outer continental shelf inspection fees

Sec. 112. (a) In fiscal year 2011, the Bureau of Ocean
Energy Management, Regulation, and Enforcement (BOEMRE) shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Royalty and Offshore Minerals Management''
account, from the designated operator for facilities subject
to inspection by BOEMRE under 43 U.S.C. 1348(c) that are
above the waterline, except mobile offshore drilling units,
and are in place at the start of fiscal year 2011.
(b) Fees for 2011 shall be:
(1) $12,000 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $19,500 for facilities with one to ten wells, with any
combination of active or inactive wells; and
(3) $36,000 for facilities with more than ten wells, with
any combination of active or inactive wells.
(c) BOEMRE will bill designated operators within 60 days of
enactment of this Act, with payment required within 30 days
of billing.

prohibition on use of funds, point reyes national seashore

Sec. 113. None of the funds in this Act may be used to
further reduce the number of Axis or Fallow deer at Point
Reyes National Seashore below the number as of the date of
enactment of this Act.

pearl harbor naval complex, joint ticketing, amendment

Sec. 114. Section 121(b)(1) of Public Law 111-88 is
amended by inserting the word ``hereafter'' between the words
``may'' and ``enter''.

onshore oil and gas inspection fees

Sec. 115. (a) In fiscal year 2011, the Bureau of Land
Management (BLM) shall collect a non-refundable inspection
fee, which shall be deposited in the ``Management of Lands
and Resources'' account, from the designated operator of each
Federal and Indian lease or agreement subject to inspection
by BLM under 30 U.S.C. 1718(b) that is in place at the start
of fiscal year 2011.
(b) Fees for 2011 shall be:
(1) $300 for each lease or agreement with no active or
inactive wells, but with surface use, disturbance or
reclamation;
(2) $600 for each lease or agreement with one to ten wells,
with any combination of active or inactive wells;
(3) $1,500 for each lease or agreement with 11 to 50 wells,
with any combination of active or inactive wells; and
(4) $3,000 for each lease or agreement with more than 50
wells, with any combination of active or inactive wells.
(c) BLM will bill designated operators within 60 days of
enactment of this Act, with payment required within 30 days
of billing.

oil and gas leasing internet program

Sec. 116. Notwithstanding section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary
of the Interior shall have the authority to establish an oil
and gas leasing Internet program, under which the Secretary
may conduct lease sales through methods other than oral
bidding.

indian probate judges

Sec. 117. Section 108 of Public Law 109-54 (the Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2006) is amended by striking ``for fiscal

[[Page 19975]]

years 2006 through 2010, for the purpose of reducing the
backlog of'' and inserting ``for fiscal year 2006 and each
fiscal year thereafter, for the purpose of adjudicating''.

authorized use of indian education funds

Sec. 118. Beginning July 1, 2008, any funds (including
investments and interest earned, except for construction
funds) held by a Public Law 100-297 grant or a Public Law 93-
638 contract school shall, upon retrocession to or re-
assumption by the Bureau of Indian Education, remain
available to BIE for a period of 5 years from the date of
retrocession or re-assumption for the benefit of the programs
approved for the school on October 1, 1995.

bureau of indian affairs operated schools

Sec. 119. (a)(1) Notwithstanding section 586(c) of title
40, United States Code, the Director of the BIE, or the
Director's designee, is authorized to enter into agreements
with public and private persons and entities that provide for
such persons and entities to rent or lease the land or
facilities of a Bureau-operated school for such periods of
time as the school is Bureau operated, in exchange for a
consideration (in the form of funds) that benefits the
school, as determined by the head of the school.
(2) Funds received under paragraph (1) shall be retained by
the school and used for school purposes otherwise authorized
by law. Any funds received under paragraph (1) are hereby
made available until expended for such purposes,
notwithstanding section 3302 of title 31, United States Code.
(3) Nothing in this section shall be construed to allow for
the diminishment of, or otherwise affect, the appropriation
of funds to the budget accounts for the operation and
maintenance of Bureau-operated schools. No funds shall be
withheld from the distribution to the budget of any Bureau-
operated school due to the receipt by the school of a benefit
in accordance with this section.
(b) The Secretary of the Interior shall promulgate
regulations to carry out this section not later than 16
months after the date of the enactment of this Act. Such
regulations shall include--
(1) provisions for the establishment and administration of
mechanisms for the acceptance of consideration for the use
and benefit of a school in accordance with this section
(including, in appropriate cases, the establishment and
administration of trust funds);
(2) accountability standards to ensure ethical conduct; and
(3) provisions for monitoring the amount and terms of
consideration received, the manner in which the consideration
is used, and any results achieved by such use.
(c) Provisions of this section shall apply to fiscal years
2011 through 2013.

termination of hydropower reservations

Sec. 120. In the Bureau of Land Management patent numbered
04-83-0065 (CA 6313) and dated May 13, 1983, the reservation
under section 24 of the Federal Power Act (16 U.S.C. 818)
that is encumbering approximately 103.26 acres of private
land owned by Donald L. Smith within sections 25, 26, 35, and
36, T. 4 S., R. 24 E., Mount Diablo Meridian, Madera County,
California, is terminated; and to the extent that any
reservation of use for hydropower could be deemed to have
been omitted under section 24 of the Federal Power Act (16
U.S.C. 818) from the patent numbered CA 6312 and dated
September 25, 1987 to the approximately 41.323 acres of
private land owned by Lindsay Smith, Peggy L. Birchim, Donald
L. Smith, and Keith Smith and more particularly described as
embracing a portion of Secs. 25 and 36, Unsurveyed T. 4 S., R
24 E., Mount Diablo Meridian, Jackass Mining District, Madera
County, California, such reservation is terminated.

outer continental shelf leasing review period

Sec. 121. Section 11 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1340) is amended in subsection (c)(1) in the
fourth sentence by deleting ``within 30 days of its
submission'' and inserting in lieu thereof ``within 90 days
of its submission''.

protection of public lands, mojave desert

Sec. 122. No funds in this Act shall be used to process or
grant a right of way, lease, or other property interest for
the purpose of commercial energy production on public lands
managed by the Bureau of Land Management previously acquired
at least in part through donations for conservation purposes,
within the boundaries of the area described as ``potential
conservation lands'' and depicted on the map entitled
``Mojave Desert Area'' dated November 8, 2010 and on file at
the Bureau of Land Management Director's office.

distribution of geothermal receipts

Sec. 123. Section 3003(a) of Public Law 111-212 (124 Stat.
2338) is amended by striking ``fiscal year 2010 only'' and
inserting ``fiscal year 2010 and 2011''.

bureau of land management, land reconfiguration

Sec. 124. Patent No. 27-2005-0081 and its associated land
reconfiguration issued by the Bureau of Land Management on
February 18, 2005, is hereby affirmed and validated as having
been issued pursuant to and in compliance with the provisions
of the Nevada-Florida Land Exchange Authorization Act of 1988
(Public Law 100-275), the National Environmental Policy Act
of 1969, and the Federal Land Policy Management Act of 1976
for the benefit of the desert tortoise and other species and
their habitat to increase the likelihood of their recovery.
The process utilized by the United States Fish and Wildlife
Service and the Bureau of Land Management in reconfiguring
the lands as shown on Exhibit 1-4 of the Final Environmental
Impact Statement for the Planned Development Project MSHCP,
Lincoln County, NV (FWS-R8-ES-2008-N0136) and the
reconfiguration provided for in Special Condition 10 of Army
Corps of Engineers Permit No. 000005042 are hereby ratified.

native hawaiian recognition study authorization

Sec. 125. The Secretary of the Interior shall, with funds
appropriated for fiscal year 2011, and in coordination with
the State of Hawaii and those offices designated under the
Hawaii State Constitution as representative of the Native
Hawaiian community, including the Office of Hawaiian Affairs
and the Department of Hawaiian Home Lands, and the Attorney
General of the United States, examine and make
recommendations to Congress no later than September 30, 2011,
on developing a mechanism for the reorganization of a Native
Hawaiian governing entity and recognition by the United
States of the Native Hawaiian governing entity as an Indian
tribe within the meaning of Articles I and II of the
Constitution.

TITLE II

ENVIRONMENTAL PROTECTION AGENCY

Science and Technology

For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended; necessary expenses for personnel and related costs
and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research
and development, $852,197,000, to remain available until
September 30, 2012.

Environmental Programs and Management

For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; and not to exceed $9,000 for
official reception and representation expenses,
$2,926,881,000, to remain available until September 30, 2012:
Provided, That of the funds included under this heading, not
less than $454,350,000 shall be for the Geographic Programs
specified in the explanatory statement accompanying this Act.

Office of Inspector General

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $45,646,000, to remain available until
September 30, 2012.

Buildings and Facilities

For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$38,001,000, to remain available until expended.

Hazardous Substance Superfund

(including transfers of funds)

For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) $1,293,060,000,
to remain available until expended, consisting of such sums
as are available in the Trust Fund on September 30, 2010, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,293,060,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading,
$10,156,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September
30, 2012, and $24,527,000 shall be paid to the ``Science and
Technology'' appropriation to remain available until
September 30, 2012.

Leaking Underground Storage Tank Trust Fund Program

For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, as amended, $113,219,000, to
remain available until expended, of which $78,789,000 shall
be for carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid

[[Page 19976]]

Waste Disposal Act, as amended; $34,430,000 shall be for
carrying out the other provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue
Code, as amended: Provided, That the Administrator is
authorized to use appropriations made available under this
heading to implement section 9013 of the Solid Waste Disposal
Act to provide financial assistance to federally recognized
Indian tribes for the development and implementation of
programs to manage underground storage tanks.

Oil Spill Response

For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,468,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.

State and Tribal Assistance Grants

For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,768,929,000, to remain
available until expended, of which $1,898,000,000 shall be
for making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); of which
$1,206,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act, as amended: Provided, That
for fiscal year 2011, to the extent there are sufficient
eligible project applications, not less than 20 percent of
the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and
not less than 20 percent of the funds made available under
this title to each State for Drinking Water State Revolving
Fund capitalization grants shall be used by the State for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities; $17,000,000 shall be for architectural,
engineering, planning, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission; $13,000,000 shall be for
grants to the State of Alaska to address drinking water and
wastewater infrastructure needs of rural and Alaska Native
Villages: Provided further, That, of these funds: (1) the
State of Alaska shall provide a match of 25 percent; (2) no
more than 5 percent of the funds may be used for
administrative and overhead expenses; and (3) the State of
Alaska shall make awards consistent with the State-wide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
$145,056,000 shall be for making special project grants and
technical corrections to prior-year grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance
with the terms and conditions specified for such grants in
the explanatory statement accompanying this Act, and, for
purposes of these grants, each grantee shall contribute not
less than 45 percent of the cost of the project unless the
grantee is approved for a waiver by the Agency; $128,254,000
shall be to carry out section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including grants, interagency
agreements, and associated program support costs; $60,000,000
shall be for grants under title VII, subtitle G of the Energy
Policy Act of 2005, as amended; $15,000,000 shall be for
emission reduction grants in accordance with the terms and
conditions of the explanatory statement accompanying this
Act; and $1,286,619,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which $49,495,000 shall be for carrying out
section 128 of CERCLA, as amended, $10,200,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs, $10,000,000 shall be for
competitive grants to communities to develop plans and
demonstrate and implement projects which reduce greenhouse
gas emissions, $30,000,000 shall be for grants to federally
recognized Indian tribes for implementation of environmental
programs and projects as defined by the Administrator that
complement existing tribal environmental program grants,
including interagency agreements, $23,500,000 of the funds
available for grants under section 106 of the Act shall be
for State participation in national- and State-level
statistical surveys of water resources and enhancements to
State monitoring programs, and, in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act, as amended, $2,550,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, as amended: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal
year 2011 and prior years where such amounts represent costs
of administering the fund to the extent that such amounts are
or were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2011, and
notwithstanding section 518(f) of the Act, the Administrator
is authorized to use the amounts appropriated for any fiscal
year under section 319 of that Act to make grants to
federally recognized Indian tribes pursuant to sections
319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2011, notwithstanding the limitation on amounts
in section 518(c) of the Federal Water Pollution Control Act
and section 1452(i) of the Safe Drinking Water Act, up to a
total of 2 percent of the funds appropriated for State
Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2011, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act may be reserved by the
Administrator for grants made under title II of the Clean
Water Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2011, notwithstanding the
limitations on amounts specified in section 1452(j) of the
Safe Drinking Water Act, up to 1.5 percent of the funds
appropriated for the Drinking Water State Revolving Fund
programs under the Safe Drinking Water Act may be reserved by
the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That not less
than 30 percent of the funds made available under this title
to each State for Clean Water State Revolving Fund
capitalization grants and not less than 30 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act,
except that for the Clean Water State Revolving Fund
capitalization grant appropriation this section shall only
apply to the portion that exceeds $1,000,000,000: Provided
further, That no funds provided by this appropriations Act to
address the water, wastewater and other critical
infrastructure needs of the colonias in the United States
along the United States-Mexico border shall be made available
to a county or municipal government unless that government
has established an enforceable local ordinance, or other
zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure: Provided further, That for fiscal year 2011
and hereafter, the Administrator may transfer funds provided
for tribal set-asides through Clean Water State Revolving
Funds and Drinking Water State Revolving Funds accounts
between those accounts in the same manner as provided to
States under section 302(a) of Public Law 104-182, as
amended.

Administrative Provisions, Environmental Protection Agency

(including transfer and rescission of funds)

For fiscal year 2011, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs

[[Page 19977]]

for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 110-94, the Pesticide Registration Improvement
Renewal Act.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
From unobligated balances to carry out projects and
activities funded through the ``State and Tribal Assistance
Grants'' account, $10,000,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
For fiscal year 2011, the requirements of section 513 of
the Federal Water Pollution Control Act (33 U.S.C. 1372)
shall apply to the construction of treatment works carried
out in whole or in part with assistance made available by a
State water pollution control revolving fund as authorized by
title VI of that Act (33 U.S.C. 1381 et seq.), or with
assistance made available under section 205(m) of that Act
(33 U.S.C. 1285(m)), or both.
For fiscal year 2011, the requirements of section 1450(e)
of the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) shall
apply to any construction project carried out in whole or in
part with assistance made available by a drinking water
treatment revolving loan fund as authorized by section 1452
of that Act (42 U.S.C. 300j-12).
Under terms established by the Administrator, and in
addition to funds otherwise available in other appropriations
accounts for grant programs, the Agency may expend up to
$2,448,000 appropriated in the ``Environmental Programs and
Management'' account for competitive grants to communities to
implement Community Action for a Renewed Environment
projects.

TITLE III

RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

forest and rangeland research

For necessary expenses of forest and rangeland research as
authorized by law, $314,254,000, to remain available until
expended: Provided, That of the funds provided, $66,939,000
is for the forest inventory and analysis program.

state and private forestry

For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $323,142,000, to
remain available until expended, as authorized by law; of
which $87,285,000 is to be derived from the Land and Water
Conservation Fund; and of which $2,000,000 may be made
available to the Pest and Disease Revolving Loan Fund
established by section 10205(b) of the Food, Conservation,
and Energy Act of 2008 (16 U.S.C. 2104a(b)).

national forest system

(including transfer of funds)

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,618,743,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That, of the funds
provided, $40,000,000 shall be deposited in the Collaborative
Forest Landscape Restoration Fund for ecological restoration
treatments as authorized by 16 U.S.C. 7303(f).

capital improvement and maintenance

(including transfer of funds)

For necessary expenses of the Forest Service, not otherwise
provided for, $544,547,000, to remain available until
expended, for construction, capital improvement, maintenance
and acquisition of buildings and other facilities and
infrastructure; and for construction, capital improvement,
decommissioning, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and
23 U.S.C. 101 and 205: Provided, That $90,000,000 shall be
designated for the Legacy Road and Trail Remediation Program
as described under Administrative Provisions, Forest Service:
Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project: Provided further, That the decommissioning of
unauthorized roads not part of the official transportation
system shall be expedited in response to threats to public
safety, water quality, or natural resources: Provided
further, That funds becoming available in fiscal year 2011
under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury and shall not
be available for transfer or obligation for any other purpose
unless the funds are appropriated.

land acquisition

For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $73,489,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.

acquisition of lands for national forests special acts

For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,050,000, to be derived
from forest receipts.

acquisition of lands to complete land exchanges

For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended (16 U.S.C.
460l-516-617a, 555a; Public Law 96-586; Public Law 76-589,
76-591; and Public Law 78-310).

range betterment fund

For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.

gifts, donations and bequests for forest and rangeland research

For expenses authorized by 16 U.S.C. 1643(b), $50,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.

management of national forest lands for subsistence uses

For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $2,606,000, to remain available until
expended.

wildland fire management

(including transfers and rescission of funds)

For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$2,127,922,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be
available to reimburse State and other cooperating entities
for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law,
$9,009,000 of funds appropriated under this appropriation
shall be available for the Forest Service in support of fire
science research authorized by the Joint Fire Science
Program, including all Forest Service authorities for the use
of funds, such as contracts, grants, research joint venture
agreements, and cooperative agreements: Provided further,
That all authorities for the use of funds, including the use
of contracts,

[[Page 19978]]

grants, and cooperative agreements, available to execute the
Forest and Rangeland Research appropriation, are also
available in the utilization of these funds for Fire Science
Research: Provided further, That funds provided shall be
available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and
wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $369,447,000 is
for hazardous fuels reduction activities, $11,000,000 is for
rehabilitation and restoration, $24,060,000 is for research
activities and to make competitive research grants pursuant
to the Forest and Rangeland Renewable Resources Research Act,
as amended (16 U.S.C. 1641 et seq.), $70,000,000 is for State
fire assistance, $9,000,000 is for volunteer fire assistance,
$20,752,000 is for forest health activities on Federal lands
and $11,428,000 is for forest health activities on State and
private lands: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund State fire assistance,
volunteer fire assistance, forest health management, forest
and rangeland research, the Joint Fire Science Program,
vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That up to $10,000,000 of the
funds provided under this heading for hazardous fuels
treatments may be transferred to and made a part of the
``National Forest System'' account to facilitate integrated
projects 30 days after notifying the House and the Senate
Committees on Appropriations: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided
further, That up to $15,000,000 of the funds provided herein
may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue
grants for hazardous fuels reduction and for training or
monitoring associated with such hazardous fuels reduction
activities on Federal land or on non-Federal land if the
Secretary determines such activities implement a community
wildfire protection plan (or equivalent) and benefit
resources on Federal land: Provided further, That funds made
available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on
non-Federal lands in accordance with authorities made
available to the Forest Service under the ``State and Private
Forestry'' appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture
may authorize the transfer of funds appropriated for wildland
fire management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire
management programs and projects: Provided further, That of
the funds provided for hazardous fuels reduction, not to
exceed $5,000,000 may be used to make grants, using any
authorities available to the Forest Service under the ``State
and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from
National Forest System lands; not to exceed $5,000,000 may be
transferred to the ``State and Private Forestry'' account as
authorized under Public Law 110-246, section 9013, to fund
the Community Wood Energy Program; and not to exceed
$5,000,000 may be transferred to the ``Forest and Rangeland
Research'' account as authorized under Public Law 110-246,
section 9012, to fund the Forest Biomass for Energy Program:
Provided further, That funds designated for wildfire
suppression, including funds transferred from the FLAME
Wildfire Suppression Reserve Fund, shall be assessed for cost
pools on the same basis as such assessments are calculated
against other agency programs: Provided further, That
$155,000,000 in unobligated fire suppression balances under
this heading from Public Law 111-88 are hereby permanently
rescinded.

Flame Wildfire Suppression Reserve Fund

(including transfers of funds)

For deposit in the FLAME Wildfire Suppression Reserve Fund,
as authorized in the FLAME Act of 2009 (title V of division A
of Public Law 111-88), $291,000,000, to remain available
until expended.

administrative provisions, forest service

(including transfers of funds)

Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft from
excess sources to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price
for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under
5 U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5
U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the ``Wildland Fire Management''
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions five days after the Secretary notifies the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the headings ``Wildland
Fire Management'' and ``FLAME Wildfire Suppression Reserve
Fund'' shall be fully obligated within 30 days: Provided,
That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-107 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the explanatory
statement accompanying this Act.
Not more than $1,057,000,000 of funds made available to the
Forest Service shall be assessed for cost pools 1 through 5.
Not more than $75,310,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $16,726,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center.
Funds available to the Forest Service shall be available
for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993, Public Law 103-82, as amended
by the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $3,000,000
may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $50,000 shall be
available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match,
on at least a one-for-one basis, funds made available by the
Forest Service: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds: Provided
further, That authorized investments of Federal funds held by
the Foundation may be made only in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.

[[Page 19979]]

Pursuant to section 2(b)(2) of Public Law 98-244,
$3,000,000 of the funds available to the Forest Service shall
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
During fiscal year 2011 and subsequent fiscal years, the
Secretary of Agriculture, acting through the Forest Service,
may carry out a program, to be known as the ``Legacy Road and
Trail Remediation program'', to conduct urgently needed
decommissioning of Forest Service roads, forest road and
trail repair and maintenance and associated activities, and
removal of fish passage barriers on National Forest System
lands, especially in areas where Forest Service roads may be
contributing to water quality problems in streams and water
bodies supporting threatened, endangered or sensitive species
or community water sources.
In such amounts as may be provided in appropriation Acts,
the Secretary of Agriculture, acting through the Forest
Service, may provide for the decommissioning of Forest
Service roads, including unauthorized roads not part of the
Forest Service transportation system, which the Secretary
determines are no longer needed.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$55,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $3,961,187,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
and 238b for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $862,765,000 for contract
medical care, including $53,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available
until expended: Provided further, That of the funding
provided for information technology activities and,
notwithstanding any other provision of law, $4,000,000 shall
be allocated at the discretion of the Director of the Indian
Health Service: Provided further, That of the funds provided,
up to $36,000,000 shall remain available until expended for
implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be
deposited to the Fund authorized by section 108A of the Act
(25 U.S.C. 1616a-1) and shall remain available until expended
and, notwithstanding section 108A(c) of the Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a):
Provided further, That $16,391,000 is provided for the
methamphetamine and suicide prevention and treatment
initiative and $10,000,000 is provided for the domestic
violence prevention initiative and, notwithstanding any other
provision of law, the amounts available under this proviso
shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until
expended: Provided further, That $4,000,000 is provided for a
substance abuse treatment grant program and, notwithstanding
any other provision of law, the amounts available under this
proviso shall be allocated at the discretion of the Director
of the Indian Health Service and shall remain available until
September 30, 2012: Provided further, That funds provided in
this Act may be used for annual contracts and grants that
fall within 2 fiscal years, provided the total obligation is
recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of
Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act, except for those related
to the planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not
to exceed $444,332,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs
associated with contracts, grants, self-governance compacts,
or annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to
or during fiscal year 2011, of which not to exceed
$10,000,000 may be used for contract support costs associated
with new or expanded self-determination contracts, grants,
self-governance compacts, or annual funding agreements:
Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, tribes and tribal
organizations operating health facilities pursuant to Public
Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.):
Provided further, That the Indian Health Care Improvement
Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.

indian health facilities

For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $445,242,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account shall be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and

[[Page 19980]]

tribal facilities in conjunction with an existing interagency
agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed
$500,000 shall be placed in a Demolition Fund, to remain
available until expended, and be used by the Indian Health
Service for the demolition of Federal buildings.

administrative provisions, indian health service

Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary; uniforms or allowances therefor as authorized by 5
U.S.C. 5901-5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian
Health Service.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities on a reimbursable basis, including payments in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
from which the funds were originally derived, with such
amounts to remain available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.

National Institutes of Health

national institute of environmental health sciences

For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $81,763,000.

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended; section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as
amended; and section 3019 of the Solid Waste Disposal Act, as
amended, $76,337,000, of which up to $1,000 per eligible
employee of the Agency for Toxic Substances and Disease
Registry shall remain available until expended for Individual
Learning Accounts: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(I)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(I) of CERCLA during fiscal year 2011,
and existing profiles may be updated as necessary.

OTHER RELATED AGENCIES

Executive Office of the President

council on environmental quality and office of environmental quality

For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,448,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.

Chemical Safety and Hazard Investigation Board

salaries and expenses

For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $13,147,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more
than three career Senior Executive Service positions:
Provided further, That notwithstanding any other provision of
law, the individual appointed to the position of Inspector
General of the Environmental Protection Agency (EPA) shall,
by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.

Office of Navajo and Hopi Indian Relocation

salaries and expenses

For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$8,000,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.

Institute of American Indian and Alaska Native Culture and Arts
Development

payment to the institute

For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$8,750,000.

[[Page 19981]]

Smithsonian Institution

salaries and expenses

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$660,850,000, to remain available until September 30, 2012,
except as otherwise provided herein; of which not to exceed
$20,556,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.

facilities capital

For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$136,750,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109.

National Gallery of Art

salaries and expenses

For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $116,324,000,
of which not to exceed $3,445,000 for the special exhibition
program shall remain available until expended.

repair, restoration and renovation of buildings

For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $48,221,000, to remain available
until expended: Provided, That of this amount, $42,250,000
shall be available for repair of the National Gallery's East
Building facade: Provided further, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.

John f. Kennedy Center for the Performing Arts

operations and maintenance

For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $23,500,000: Provided, That the proviso under this
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.''.

capital repair and restoration

For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $13,920,000, to
remain available until expended.

Woodrow Wilson International Center for Scholars

salaries and expenses

For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $12,225,000, to remain available
until September 30, 2012.

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$170,000,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts, including arts education and public outreach
activities, through assistance to organizations and
individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
appropriated herein shall be expended in accordance with
sections 309 and 311 of Public Law 108-447, as amended by
Public Law 110-161.

National Endowment for the Humanities

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$170,000,000, to remain available until expended, of which
$154,600,000 shall be available for support of activities in
the humanities, pursuant to section 7(c) of the Act and for
administering the functions of the Act; and $15,400,000 shall
be available to carry out the matching grants program
pursuant to section 10(a)(2) of the Act including $10,175,000
for the purposes of section 7(h): Provided, That
appropriations for carrying out section 10(a)(2) shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.

administrative provisions

None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants of up to $10,000, if in the aggregate this
amount does not exceed 5 percent of the sums appropriated for
grant-making purposes per year: Provided further, That such
small grant actions are taken pursuant to the terms of an
expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.

Commission of Fine Arts

salaries and expenses

For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $2,349,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study or education.

National Capital Arts and Cultural Affairs

For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), as amended, $12,000,000.

Advisory Council on Historic Preservation

salaries and expenses

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,908,000.

National Capital Planning Commission

salaries and expenses

For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $9,100,000, of which
$300,000 shall be used for coordination of a regional
innovation cluster initiative for the National Capital
region: Provided, That one-quarter of 1 percent of the funds
provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.

United States Holocaust Memorial Museum

holocaust memorial museum

For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$50,521,000, of which $515,000 for the Museum's equipment
replacement program, $1,900,000 for the Museum's repair and
rehabilitation program, and $1,243,000 for the Museum's
outreach initiatives program shall remain available until
expended.

[[Page 19982]]

Presidio Trust

presidio trust fund

For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $21,600,000
shall be available to the Presidio Trust, to remain available
until expended.

TITLE IV

GENERAL PROVISIONS

(including transfers of funds)

limitation on consulting services

Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.

restriction on use of funds

Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.

obligation of appropriations

Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.

prohibition on use of funds for personal services

Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.

disclosure of administrative expenses

Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental,
agency or bureau administrative functions or headquarters,
regional or central operations shall be presented in annual
budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for
approval.

giant sequoia

Sec. 406. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2010.

transfer of funds authority

Sec. 407. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer provided in, this Act or any other Act.

mining applications

Sec. 408. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2011, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.

contract support costs

Sec. 409. Notwithstanding any other provision of law,
amounts appropriated to or otherwise designated in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103-138, 103-332, 104-134, 104-
208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
108, 108-447, 109-54, 109-289, division B and Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public
Laws 110-92, 110-116, 110-137, 110-149, 110-161, 110-329,
111-6, 111-8 and 111-88 for payments for contract support
costs associated with self-determination or self-governance
contracts, grants, compacts, or annual funding agreements
with the Bureau of Indian Affairs or the Indian Health
Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2010 for such
purposes, except that the Bureau of Indian Affairs, tribes
and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts, or annual
funding agreements.

forest management plans

Sec. 410. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.

prohibition within national monuments

Sec. 411. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.

international firefighter cooperative agreements

Sec. 412. In entering into agreements with foreign fire
organizations pursuant to the Temporary Emergency Wildfire
Suppression Act (42 U.S.C. 1856m-1856o), the Secretary of
Agriculture and the Secretary of the Interior are authorized
to enter into reciprocal agreements in which the individuals
furnished under said agreements to provide wildfire services
are considered, for purposes of tort liability, employees of
the fire organization receiving said services when the
individuals are engaged in fire suppression or
presuppression: Provided, That the Secretary of Agriculture
or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign fire
organization agrees to assume any and all liability for the
acts or omissions of American firefighters engaged in fire
suppression or presuppression in a foreign country: Provided
further, That when an agreement is reached for furnishing
fire suppression or presuppression services, the only
remedies for acts or omissions committed while engaged in
fire suppression or presuppression shall be those provided
under the laws applicable to the fire organization receiving
the fire suppression or presuppression services, and those
remedies shall be the exclusive remedies for any claim
arising out of fire suppression or presuppression activities
in a foreign country: Provided further, That neither the
sending country nor any legal organization associated with
the firefighter shall be subject to any legal action,
consistent with the applicable laws governing sovereign
immunity, pertaining to or arising out of the firefighter's
role in fire suppression or presuppression, except that if
the foreign fire organization is unable to provide immunity
under laws applicable to it, it shall assume any and all
liability for the United States or for any legal organization
associated with the American firefighter, and for any and all
costs incurred or assessed, including legal fees, for any act
or omission pertaining to or arising out of the firefighter's
role in fire suppression or presuppression.

contracting authorities

Sec. 413. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of
Agriculture and the Secretary of the Interior (the
``Secretaries'') may, in evaluating bids and proposals, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas

[[Page 19983]]

that have been affected by reduced timber harvesting on
Federal lands and other forest-dependent rural communities
isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal
Government procurement and contracting laws the Secretaries
may award contracts, grants or cooperative agreements to
local non-profit entities, Youth Conservation Corps or
related partnerships with State, local or non-profit youth
groups, or small or micro-business or disadvantaged business:
Provided further, That the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed
or water quality monitoring or restoration, wildlife or fish
population monitoring, road decommissioning, trail
maintenance or improvement, or habitat restoration or
management: Provided further, That the terms ``rural
community'' and ``economically disadvantaged'' shall have the
same meanings as in section 2374 of Public Law 101-624:
Provided further, That the Secretaries shall develop guidance
to implement this section: Provided further, That nothing in
this section shall be construed as relieving the Secretaries
of any duty under applicable procurement laws, except as
provided in this section.

limitation on takings

Sec. 414. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National
Park Protection and Expansion Act of 1989, or to funds
appropriated for Federal assistance to the State of Florida
to acquire lands for Everglades restoration purposes.

hunters point environmental cleanup

Sec. 415. In addition to the amounts otherwise provided to
the Environmental Protection Agency in this Act, $8,000,000,
to remain available until expended, is provided to EPA to be
transferred to the Department of the Navy for clean-up
activities at the Treasure Island Naval Station--Hunters
Point Annex.

timber sale requirements

Sec. 416. The Forest Service shall use the residual value
approach to appraising all timber sales in Alaska's Region 10
that contain a component of Western red cedar and shall only
offer sales that contain a component of Western red cedar
that are not deficit. Western red cedar shall be appraised
using lower 48 State domestic values if the timber might be
eligible for shipment to the lower 48 States. All of the
Western red cedar timber from those sales which is surplus to
the needs of domestic processors in Alaska shall be made
available to domestic processors in the contiguous 48 United
States at prevailing domestic prices in the contiguous 48
United States. Western red cedar shall be deemed ``surplus to
the needs of domestic processors in Alaska'' if the Forest
Service determines it is surplus or if the timber sale holder
has presented to the Forest Service documentation that the
Forest Service determines is valid of the inability to sell
Western red cedar logs from a given sale to domestic Alaska
processors at a price equal to or greater than the log
selling value stated in the contract. All additional Western
red cedar volume not sold to Alaska or to contiguous 48
United States domestic processors may be exported to foreign
markets if the Forest Service determines it is surplus to the
needs of the 50 States. All Alaska yellow cedar may be sold
at prevailing export prices if the Forest Service determines
it is surplus to the needs of the 50 States.

cabin user fees

Sec. 417. Notwithstanding any other provision of law, none
of the funds made available by this or any other Act may be
used by the Secretary of Agriculture to increase a recreation
residence user fee for calendar year 2011 by more than 25
percent of the recreation residence user fee applicable to
the recreation residence for calendar year 2010.

report on use of climate change funds

Sec. 418. Not later than 120 days after the date on which
the President's fiscal year 2012 budget request is submitted
to Congress, the President shall submit a comprehensive
report to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate describing in detail all Federal agency funding,
domestic and international, for climate change programs,
projects and activities in fiscal year 2010 and fiscal year
2011, including an accounting of funding by agency with each
agency identifying climate change programs, projects and
activities and associated costs by line item as presented in
the President's Budget Appendix, and including citations and
linkages where practicable to each strategic plan that is
driving funding within each climate change program, project
and activity listed in the report.

national capital arts and cultural affairs authorization

Sec. 419. The item relating to ``National Capital Arts and
Cultural Affairs'' in the Department of the Interior and
Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 and as amended by
section 418 of the Department of the Interior, Environment
and Related Agencies Appropriations Act, 2010 (20 U.S.C.
956a), is amended in the second sentence of the first
paragraph by striking ``$10,000,000'' and inserting
``$12,000,000''.

prohibition on no-bid contracts

Sec. 420. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of the
Federal Property and Administrative Service Act of 1949 (41
U.S.C. 253) or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulations, unless:
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq., as amended) or by any other
Federal laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.

posting of reports

Sec. 421. (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.

san francisco bay restoration grant program

Sec. 422. Title I of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) is amended by adding at the end
the following:

``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

``(a) Definitions.--In this section:
``(1) Annual priority list.--The term `annual priority
list' means the annual priority list compiled under
subsection (b).
``(2) Comprehensive plan.--The term `comprehensive plan'
means--
``(A) the comprehensive conservation and management plan
approved under section 320 for the San Francisco Bay estuary;
and
``(B) any amendments to that plan.
``(3) Estuary partnership.--The term `Estuary Partnership'
means the San Francisco Estuary Partnership, the entity that
is designated as the management conference under section 320.
``(b) Annual Priority List.--
``(1) In general.--After providing public notice, the
Administrator shall annually compile a priority list
identifying and prioritizing the activities, projects, and
studies intended to be funded with the amounts made available
under subsection (c).
``(2) Inclusions.--The annual priority list compiled under
paragraph (1) shall include--
``(A) activities, projects, or studies, including
restoration projects and habitat improvement for fish,
waterfowl, and wildlife, that advance the goals and
objectives of the approved comprehensive plan;
``(B) information on the activities, projects, programs, or
studies specified under subparagraph (A), including a
description of--
``(i) the identities of the financial assistance
recipients; and
``(ii) the communities to be served; and
``(C) the criteria and methods established by the
Administrator for selection of activities, projects, and
studies.
``(3) Consultation.--In developing the priority list under
paragraph (1), the Administrator shall consult with and
consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected local
governments in the San Francisco Bay estuary watershed; and
``(C) any other relevant stakeholder involved with the
protection and restoration of the San Francisco Bay estuary
that the Administrator determines to be appropriate.
``(c) Grant Program.--
``(1) In general.--Pursuant to section 320, the
Administrator may provide funding through cooperative
agreements, grants, or other means to State and local
agencies, and public or nonprofit agencies, institutions, and
organizations, including the Estuary Partnership, for
activities, studies, or projects identified on the annual
priority list.
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Funding provided to any
individual or entity under this section for a fiscal year
shall not exceed an amount equal to 75 percent of the total
cost of eligible activities that are to be carried out using
such funds.

[[Page 19984]]

``(B) Non-federal share.--The non-Federal share of the
total cost of any eligible activities that are carried out
using funds provided under this section shall be--
``(i) not less than 25 percent; and
``(ii) provided from non-Federal sources.
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator to carry
out this section $35,000,000 for each of fiscal years 2011
through 2020.
``(2) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year, the
Administrator shall use not more than 5 percent to pay
administrative expenses incurred in carrying out this
section.
``(3) Relationship to other funding.--Nothing in this
section shall limit the eligibility of the Estuary
Partnership to receive funding under section 320(g).
``(4) Prohibition.--No funding made available under
subsection (c) may be used for the administration of a
management conference under section 320.''.

extension of grazing permits

Sec. 423. The terms and conditions of section 325 of
Public Law 108-108, regarding grazing permits at the
Department of the Interior and the Forest Service shall
remain in effect for fiscal year 2011.

control of border

Sec. 424. None of the funds made available by this Act may
be used to impede, prohibit, or restrict activities of the
Secretary of Homeland Security on public lands to achieve
operational control (as defined in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367))
over the international land and maritime borders of the
United States with respect to section 102(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1103 note).

incorporation of congressionally requested projects

Sec. 425. Within the amounts appropriated in this Act,
funding shall be allocated in the amounts specified for those
projects and purposes delineated in the table titled
``Incorporation of Congressionally Requested Projects''
included in the explanatory statement accompanying this Act:
Provided, That subject to the approval of the House and
Senate Committees on Appropriations funds appropriated in
this Act for land acquisition, construction, and capital
improvement and maintenance may be reallocated among projects
funded by the same appropriation account: Provided further,
That funds appropriated in this Act under the heading
``National Park Service--Historic Preservation Fund'' for
Save America's Treasures grants may be reallocated to be used
for competitive grants under the Save America's Treasures
program if such reallocation has been approved by the House
and Senate Committees on Appropriations: Provided further,
That subject to the approval of the House and Senate
Committees on Appropriations the Bureau of Land Management,
Fish and Wildlife Service, National Park Service, and Forest
Service may allocate either greater or lesser amounts than
those specified under the heading ``Congressionally Directed
Spending'' accompanying Public Law 111-8 and in the table
entitled ``Incorporation of Congressionally Requested
Projects'' in the joint explanatory statement of managers
accompanying Public Law 111-88 within the construction, land
acquisition, or capital improvement and maintenance accounts
when necessary to complete projects based on the original
project scope or to utilize excess funds available after
completion of a project on other projects within the same
account.

rescission of prior-year balances, department of the interior

Sec. 426. Of the funds made available to the Department of
the Interior for emergency wildland fire suppression under
the headings ``Bureau of Land Management--Wildland Fire
Management'' in chapter 6 of title I of division B of Public
Law 110-329 and ``Department-Wide Programs--Wildland Fire
Management'' in title VII of Public Law 111-32, $160,000,000
are rescinded.

rescission of prior-year balances, forest service

Sec. 427. Of the funds made available to the Forest
Service for emergency wildland fire suppression under the
headings ``Forest Service--Wildland Fire Management'' in
chapter 6 of title I of division B of Public Law 110-329 and
title VII of Public Law 111-32, $140,000,000 are rescinded.

TITLE V--SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA

SECTION 501. SHORT TITLE.

This Act may be cited as the ``Sacramento-San Joaquin Delta
National Heritage Area Establishment Act''.

SEC. 502. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE
AREA.

(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Sacramento-San Joaquin Delta Heritage Area established by
this section.
(2) Heritage area management plan.--The term ``Heritage
Area management plan'' means the plan developed and adopted
by the management entity under this section.
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (b)(4).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Sacramento-San Joaquin Delta Heritage Area.--
(1) Establishment.--There is established the ``Sacramento-
San Joaquin Delta Heritage Area'' in the State of California.
(2) Boundaries.--The boundaries of the Heritage Area shall
be in the counties of Contra Costa, Sacramento, San Joaquin,
Solano, and Yolo in the State of California, as generally
depicted on the map entitled ``Sacramento-San Joaquin Delta
National Heritage Area Proposed Boundary'', numbered T27/
105,030, and dated September 2010.
(3) Availability of map.--The map described in paragraph
(2) shall be on file and available for public inspection in
the appropriate offices of the National Park Service and the
Delta Protection Commission.
(4) Management entity.--The management entity for the
Heritage Area shall be the Delta Protection Commission
established by section 29735 of the California Public
Resources Code.
(5) Administration; management plan.--
(A) Administration.--For purposes of carrying out the
Heritage Area management plan, the Secretary, acting through
the management entity, may use amounts made available under
this section in accordance with section 8001(c) of the
Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 991).
(B) Management plan.--
(i) In general.--Subject to clause (ii), the management
entity shall submit to the Secretary for approval a proposed
management plan for the Heritage Area in accordance with
section 8001(d) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 991) that--

(I) incorporates an integrated and cooperative approach to
agricultural resources and activities, flood protection
facilities, and other public infrastructure; and
(II) emphasizes the importance of those resources.

(ii) Restrictions.--The Heritage Area management plan
submitted under this paragraph shall--

(I) ensure participation by appropriate Federal, State,
tribal, and local agencies, including the Delta Stewardship
Council, special districts, natural and historical resource
protection and agricultural organizations, educational
institutions, businesses, recreational organizations,
community residents, and private property owners; and
(II) not be approved until the Secretary has received
certification from the Delta Protection Commission that the
Delta Stewardship Council has reviewed the Heritage Area
management plan for consistency with the plan adopted by the
Delta Stewardship Council pursuant to State law.

(6) Relationship to other federal agencies; private
property.--
(A) Relationship to other federal agencies.--The provisions
of section 8001(e) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 991) shall apply to the
Heritage Area.
(B) Private property.--
(i) In general.--Subject to clause (ii), the provisions of
section 8001(f) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 991) shall apply to the
Heritage Area.
(ii) Opt out.--An owner of private property within the
Heritage Area may opt out of participating in any plan,
project, program, or activity carried out within the Heritage
Area under this section, if the property owner provides
written notice to the management entity.
(7) Evaluation; report.--The provisions of section 8001(g)
of the Omnibus Public Land Management Act of 2009 (Public Law
111-11; 123 Stat. 991) shall apply to the Heritage Area.
(8) Effect of designation.--Nothing in this section--
(A) precludes the management entity from using Federal
funds made available under other laws for the purposes for
which those funds were authorized; or
(B) affects any water rights or contracts.
(9) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(B) Cost-sharing requirement.--The Federal share of the
total cost of any activity under this section shall be
determined by the Secretary, but shall be not more than 50
percent.
(C) Non-federal share.--The non-Federal share of the total
cost of any activity under this section may be in the form of
in-kind contributions of goods or services.
(10) Termination of authority.--
(A) In general.--If a proposed management plan has not been
submitted to the Secretary by the date that is 5 years after
the date of enactment of this title, the Heritage Area
designation shall be rescinded.
(B) Funding authority.--The authority of the Secretary to
provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.

[[Page 19985]]

TITLE VI--NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2009

SEC. 601. SHORT TITLE.

This Act may be cited as the ``National Women's History
Museum Act of 2009''.

SEC. 602. DEFINITIONS.

In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Women's
History Museum, Inc., a District of Columbia nonprofit
corporation exempt from taxation pursuant to section
501(c)(3) of the Internal Revenue Code of 1986.
(5) Property.--The term ``Property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326. The Property is generally bounded by
12th Street, Independence Avenue, C Street, and the James
Forrestal Building, all in Southwest Washington, District of
Columbia, and shall include all associated air rights,
improvements thereon, and appurtenances thereto.

SEC. 603. CONVEYANCE OF PROPERTY.

(a) Authority To Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the Property to the Museum, on
such terms and conditions as the Administrator considers
reasonable and appropriate to protect the interests of the
United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
180 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum
for the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(b) Purchase Price.--
(1) In general.--The purchase price for the Property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph (B),
the assumptions, scope of work, and other terms and
conditions related to the appraisal assignment shall be
mutually acceptable to the Administrator and the Museum.
(B) Required terms.--The appraisal shall assume that the
Property does not contain hazardous substances (as defined in
section 101 of CERCLA (42 U.S.C. 9601)) which require
response action (as defined in such section).
(c) Application of Proceeds.--The purchase price shall be
paid into the Federal Buildings Fund established under
section 592 of title 40, United States Code. Upon deposit,
the Administrator may expend, in amounts specified in
appropriations Acts, the proceeds from the conveyance for any
lawful purpose consistent with existing authorities granted
to the Administrator.
(d) Quit Claim Deed.--The Property shall be conveyed
pursuant to a quit claim deed.
(e) Use Restriction.--The Property shall be dedicated for
use as a site for a national women's history museum for the
99-year period beginning on the date of conveyance to the
Museum.
(f) Funding Restriction.--No Federal funds shall be made
available to the Museum for the purchase or clean-up of the
Property or the design and construction of any facility
thereon.
(g) Reversion.--
(1) Bases for reversion.--The Property shall revert to the
United States, at the option of the United States, without
any obligation for repayment by the United States of any
amount of the purchase price for the property, if--
(A) the Property is not used as a site for a national
women's history museum at any time during the 99-year period
referred to in subsection (e); or
(B) the Museum has not commenced construction of a museum
facility on the Property in the 5-year period beginning on
the date of enactment of this Act, other than for reasons
beyond the control of the Museum as reasonably determined by
the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If the Property
reverts to the United States pursuant to this section, such
property shall be under the custody and control of the
Administrator.
(h) Closing.--The conveyance pursuant to this Act shall
occur not later than 3 years after the date of enactment of
this Act. The Administrator may extend that period for such
time as is reasonably necessary for the Museum to perform its
obligations under section 604(a).

SEC. 604. ENVIRONMENTAL MATTERS.

(a) Authorization To Contract for Environmental Response
Actions.--The Administrator is authorized to contract with
the Museum or an affiliate thereof for the performance (on
behalf of the Administrator) of response actions on the
Property.
(b) Crediting of Response Costs.--Any costs incurred by the
Museum or an affiliate thereof pursuant to subsection (a)
shall be credited to the purchase price for the Property.
(c) No Effect on Compliance With Environmental Laws.--
Nothing in this Act, or any amendment made by this Act,
affects or limits the application of or obligation to comply
with any environmental law, including section 120(h) of
CERCLA (42 U.S.C. 9620(h)).

SEC. 605. INCIDENTAL COSTS.

Subject to section 604, the Museum shall bear any and all
costs associated with complying with the provisions of this
Act, including studies and reports, surveys, relocating
tenants, and mitigating impacts to existing Federal buildings
and structures resulting directly from the development of the
property by the Museum.

SEC. 606. LAND USE APPROVALS.

(a) Existing Authorities.--Nothing in this Act shall be
construed as limiting or affecting the authority or
responsibilities of the National Capital Planning Commission
or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the Property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to
the property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection
shall be premised on the property being developed and
operated in accordance with this Act.

SEC. 607. REPORTS.

Not later than 1 year after the date of enactment of this
Act, and annually thereafter until the end of the 5-year
period following conveyance of the Property or until
substantial completion of the museum facility (whichever is
later), the Museum shall submit annual reports to the
Administrator and the Committees detailing the development
and construction activities of the Museum with respect to
this Act.

TITLE VII--MONTANA FORESTS

Subtitle A--Montana Forest Jobs and Restoration Initiative

SEC. 701. PURPOSE.

The purpose of this subtitle is to establish an
initiative--
(1) to preserve and create local jobs in rural communities
that are located in or near National Forest System land;
(2) to create an immediate, predictable, and increased flow
of wood fiber with commercial value to support and maintain
locally-based infrastructure and economies that are necessary
for the appropriate management and restoration of National
Forest System land;
(3) to promote cooperation and collaboration in the
management of National Forest System land;
(4) to restore and improve the ecological structure,
composition, and function and the natural processes of
priority watersheds within the National Forest System;
(5) to carry out collaborative projects to reduce the risk
of disturbances from fire, insects, and disease to
communities, watersheds, and natural resources through a
collaborative process of planning, prioritizing, and
implementing ecological restoration and hazardous fuel
reduction projects; and
(6) to collect information from the projects carried out
under this subtitle in an effort to better understand the
manner in which to improve forest restoration and management
activities.

SEC. 702. DEFINITIONS.

In this subtitle:
(1) Authorized forest and watershed restoration project.--
The term ``authorized forest and watershed restoration
project'' means a collection of activities within a watershed
area that are carried out--
(A) on eligible land; and
(B) to achieve the purposes of this subtitle.
(2) Decommission.--The term ``decommission'' means--
(A) to reestablish vegetation on a road or trail; and
(B) to restore any natural drainage, watershed function, or
other ecological processes that are disrupted or adversely
impacted by the road or trail by removing or hydrologically
disconnecting the road prism.
(3) Eligible land.--The term ``eligible land'' means--

[[Page 19986]]

(A) land within the approximately 1,900,000 acres of land
in the Beaverhead-Deerlodge National Forest designated as
``Suitable for Timber Production'' and ``Timber Harvest Is
Allowed'' as generally depicted on the map entitled
``Beaverhead-Deerlodge National Forest, Revised Forest Plan,
Modeled Timber Harvest Classification'' and dated December
10, 2008; and
(B)(i) land within the Three Rivers Ranger District of the
Kootenai National Forest; and
(ii) any land within the adjacent ranger districts of the
Kootenai National Forest that is necessary to achieve the
requirements of section 703(b).
(4) INFISH.--The term ``INFISH'' means the land and
resource management plan amendments made before the date of
enactment of this Act arising from the document--
(A) entitled ``Inland Native Fish Strategy'';
(B) published by the Department of Agriculture; and
(C) dated July 28, 1995.
(5) Initiative.--The term ``Initiative'' means the Montana
Forest Jobs and Restoration Pilot Initiative established by
section 703(a).
(6) Mechanical treatment.--
(A) In general.--The term ``mechanical treatment'' means an
activity that uses a tool to remove fiber that has commercial
value to local markets in the vicinity of the area treated.
(B) Inclusions.--The term ``mechanical treatment'' includes
leaving fiber on the forest floor after treatment with a
tool, if an option for removal of the fiber is provided.
(C) Exclusions.--The term ``mechanical treatment'' excludes
prescribed burning.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(8) Stewardship contract.--The term ``stewardship
contract'' means a contract authorized under section 347 of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law
105-277) to carry out land management goals that meet local
and rural community needs through a source that is selected
on a best-value basis.
(9) Watershed area.--The term ``watershed area'' means 1 or
more subwatersheds (also known as 6th code hydrologic units).

SEC. 703. MONTANA FOREST JOBS AND RESTORATION PILOT
INITIATIVE.

(a) Establishment.--There is established the Montana Forest
Jobs and Restoration Pilot Initiative under which the
Secretary shall implement authorized forest and watershed
restoration projects and other land management projects on
eligible land to achieve--
(1) the performance requirements under subsection (b); and
(2) the purposes of this subtitle.
(b) Performance Requirements.--Subject to subsection (g),
on the eligible land, the Secretary shall place under
contract for the mechanical treatment of vegetation--
(1) on the Beaverhead-Deerlodge National Forest, a minimum
of 5,000 acres annually until the date on which a total of
70,000 acres in the National Forest have been placed under
contract.; and
(2) on the Kootenai National Forest--
(A) 2,000 acres during the first year after the date of
enactment of this Act;
(B) 2,500 acres during the second year after the date of
enactment of this Act; and
(C) 3,000 acres during each subsequent year until the date
on which a total of 30,000 acres in the National Forest have
been placed under contract.
(c) Collaboration.--
(1) In general.--For each National Forest within the
Initiative, the Secretary shall identify 1 or more
collaborative groups or resource advisory committees that
support the achievement of the purposes of this subtitle.
(2) Composition.--A collaborative group or resource
advisory committee identified under paragraph (1) shall
include multiple interested persons representing diverse
interests in forest and watershed management.
(3) Consultation.--The Secretary shall consult with a
collaborative group or resource advisory committee identified
under paragraph (1) in the development and implementation of
each authorized forest and watershed restoration project
carried out under the Initiative.
(4) Expansion.--The Secretary shall seek to expand the
public participation and diversity of interests involved in
the implementation of the Initiative in each National Forest
participating in the Initiative.
(d) Administrative Review.--
(1) In general.--The administrative review provisions of
section 105 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6515) shall apply to any administrative review of
authorized forest and watershed restoration projects carried
out under this subtitle.
(2) Proposed decision.--The Secretary shall provide notice
of, and distribute, a proposed administrative decision with
the environmental assessment or final environmental impact
statement for any project subject to review under paragraph
(1).
(3) Independent mediator.--If 1 or more of the parties to a
special administrative review process under paragraph (1)
requests a mediator to help facilitate the process, an
independent mediator may be used for the administrative
review process.
(e) Judicial Review.--Any judicial proceeding arising from
an authorized forest and watershed restoration project shall
be conducted in accordance with section 106 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6516).
(f) Reports.--
(1) Annual summary.--The Secretary shall provide to the
appropriate committees of Congress an annual summary of the
progress of the Initiative toward accomplishing the purposes
of this subtitle, including the performance requirements
established under subsection (b).
(2) Progress report.--
(A) In general.--Not later than 5 years after the date of
enactment of this Act and every 5 years thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that assesses the progress of the
Initiative toward accomplishing the purposes of this
subtitle.
(B) Inclusions.--The report under subparagraph (A) shall
include an analysis, with respect to the Initiative, of--
(i) fire and fuel dynamics, including changes in--

(I) condition and class; and
(II) fuel levels and distribution;

(ii) biodiversity, including the selection of plant,
terrestrial animals, and aquatic organisms;
(iii) soil and water, including soil movement, water
quality, stream flows, and soil productivity;
(iv) economic effects, including job creation, labor
income, and energy; and
(v) social implications, including land management
practices, aesthetics, and attitudes towards land use.
(C) Data analysis.--In preparing the report under this
paragraph, the Secretary may consult with regional
institutions of higher education and institutions with the
capacity to coordinate, analyze, and archive the data
collected as a result of monitoring under the Initiative.
(g) Effect on Other Funds.--Amounts expended under the
Initiative shall not reduce the allocations of appropriated
funds to the Secretary for use in other regions of the Forest
Service or other States.
(h) Expansion of Initiative.--
(1) In general.--The Secretary may elect to include the
Seeley Ranger District of the Lolo National Forest in the
Initiative, if--
(A) the Seeley Ranger District no longer receives funding
under section 4003(b)(1)(B) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(b)(1)(B)); and
(B) a local collaborative group for the District requests
inclusion in the Initiative.
(2) Requirements.--On the election by the Secretary to
include the Seeley Ranger District in the Initiative, the
requirements of the Initiative under this subtitle shall
apply to the District.
(i) Termination Date.--
(1) In general.--The Initiative shall terminate on the
later of--
(A) the date that is 15 years after the date of enactment
of this Act; or
(B) the date on which the Secretary determines that the
performance requirements under subsection (b) have been
achieved.
(2) Effect.--Nothing in this subsection affects a valid
contract in effect on the termination date under paragraph
(1).

SEC. 704. AUTHORIZED FOREST AND WATERSHED RESTORATION
PROJECTS.

(a) Implementation.--
(1) In general.--The Secretary shall annually implement 1
or more authorized forest and watershed restoration projects
on the eligible land.
(2) Landscape-scale projects.--The Secretary shall
implement in 1 or more watershed areas authorized forest and
watershed restoration projects that provide landscape-scale
work with the goal of minimizing entries into the watershed.
(3) Stewardship contracts.--
(A) In general.--To the maximum extent practicable, the
Secretary shall enter into stewardship contracts or
agreements to carry out authorized forest and watershed
restoration projects.
(B) Stewardship contract priorities.--In developing a
stewardship contract under subparagraph (A), the Secretary
shall, after consultation with the relevant collaborative
groups or resource advisory committees identified under
section 703(c)(1), prioritize areas consistent with the
priorities described in paragraph (4).
(4) Priority.--Consistent with the purposes of this
subtitle, the Secretary shall give priority to carrying out
authorized forest and watershed restoration projects in
areas--
(A) in which the road density exceeds 1.5 miles per square
mile;
(B) in the wildland-urban interface (as defined in section
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511)) that are at risk of wildfire that threatens public
infrastructure or private property;
(C) in which fish and wildlife habitat connectivity is
compromised as a result of past management practices; and
(D) that contain forests that are at risk from insect
epidemics or high-severity wildfires.

[[Page 19987]]

(5) Environmental review.--An environmental review of
authorized forest and watershed restoration projects shall be
carried out in accordance with section 104 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515), except
that--
(A) the review shall also address--
(i) the activities necessary to meet the purposes and
requirements of this subtitle; and
(ii) the site-specific impacts of an authorized forest and
watershed restoration project;
(B) on signing of a record of decision or finding of no
significant impact for the authorized forest and watershed
restoration project, the Secretary shall implement the
authorized forest and watershed restoration project; and
(C) if the Secretary or a court determines that additional
review is warranted due to significant new circumstances
after implementation of an authorized forest and watershed
restoration project has begun, the additional analysis shall
not interrupt the implementation of the activities that are
not subject to the additional review, in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(b) Project Requirements.--
(1) Riparian habitat protection.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall comply with INFISH in carrying out each
authorized forest and watershed restoration project.
(B) Modifications.--The Secretary may modify INFISH if the
Secretary determines, after taking into consideration the
best available science, that the modifications would meet or
exceed the intent and goals of INFISH.
(2) Roads.--In carrying out any authorized forest and
watershed restoration project under this subtitle, the
Secretary shall--
(A) not construct any permanent road, unless--
(i) the Secretary determines that the road is a justifiable
realignment of a permanent road to restore or improve the
ecological structure, composition, and function and the
natural processes of the affected forest or watershed; and
(ii) the replaced road bed is decommissioned by removing
the road prism; and
(B) decommission any temporary road constructed to carry
out the land management project by the conclusion of the
contract.
(3) Road density.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary, at the conclusion of an authorized forest and
watershed restoration project, shall achieve a road density
maximum of 1.5 linear miles per square mile, averaged over
the watershed area.
(B) Exceptions.--Notwithstanding subparagraph (A), the
maximum road density provided in an applicable land
management plan shall apply if--
(i) the applicable land management plan requires a road
density maximum that is less than that required under
subparagraph (A); or
(ii) the authorized forest and watershed restoration
project is carried out in an area governed by an interagency
grizzly bear conservation plan.
(C) Method.--The road density established under
subparagraph (A) may be accomplished through a combination of
decommissioning and year-round permanent closure, except that
the Secretary shall prioritize for decommissioning any roads
adversely affecting water quality or fish habitat.
(4) Vegetation management.--The Secretary shall design
authorized forest and watershed restoration projects to
produce commercial and noncommercial wood products,
consistent with the purposes of this subtitle.

SEC. 705. MISCELLANEOUS.

(a) In General.--Except as otherwise provided in this
subtitle, the Secretary shall administer the National Forests
subject to the Initiative in accordance with applicable law.
(b) Agency Participation.--The Secretary may, in accordance
with applicable law, permit the Seeley Lake District Ranger
of the Lolo National Forest and the Lincoln District Ranger
of the Helena National Forest to serve in the official
capacities of the districts on the Board of Directors of the
Blackfoot Challenge.
(c) Biomass.--To help improve forest restoration activities
by using and creating markets for small-diameter material and
low-valued trees removed from forest restoration activities
in the State, the Secretary may provide grants through the
Woody Biomass Utilization Grant Program or any other biomass
program in accordance with applicable law.

Subtitle B--Designation of Wilderness and Special Management Areas in
Montana

SEC. 711. PURPOSES.

The purposes of this subtitle are--
(1) to protect and enhance motorized recreational
opportunities in the Beaverhead-Deerlodge National Forest,
the Lolo National Forest, and the Kootenai National Forest;
and
(2) to protect and enhance the wild heritage and
backcountry traditions of the State through--
(A) the addition of certain land to the National Wilderness
Preservation System; and
(B) the management of other land in a manner that preserves
existing primitive and semi-primitive recreational
activities.

SEC. 712. DEFINITIONS.

In this subtitle:
(1) Beaverhead-deerlodge national forest.--The term
``Beaverhead-Deerlodge National Forest'' means the National
Forest that is--
(A) comprised of--
(i) the Beaverhead National Forest; and
(ii) the Deerlodge National Forest; and
(B) managed by the Secretary concerned as a single
administrative unit.
(2) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared in accordance with section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to National Forest System
land; and
(B) the Secretary of the Interior, with respect to land
managed by the Bureau of Land Management (including land held
for the benefit of an Indian tribe).
(4) State.--The term ``State'' means the State of Montana.

SEC. 713. DESIGNATION OF WILDERNESS AREAS.

(a) Land Administered by the Forest Service.--In
furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Anaconda pintlar wilderness additions.--Certain land in
the Beaverhead-Deerlodge National Forest, comprising
approximately 65,407 acres, as generally depicted on the map
entitled ``Anaconda-Pintlar Wilderness Additions'' and dated
September 13, 2010, is incorporated in, and shall be
considered to be a part of, the Anaconda-Pintlar Wilderness.
(2) Bob marshall wilderness additions.--Certain land in the
Lolo National Forest, comprising approximately 40,072 acres
generally depicted as the ``North Fork Blackfoot-Monture
Creek Wilderness Addition (Bob Marshall Addition)'' and
approximately 7,792 acres generally depicted as the ``Grizzly
Basin of the Swan Range Wilderness Addition'' on the map
entitled ``Bob Marshall, Mission Mountains and Scapegoat
Wilderness Additions and Otatsy Recreation Management Area''
and dated September 13, 2010, is incorporated in, and shall
be considered to be a part of, the Bob Marshall Wilderness
designated by Public Law 92-395 (86 Stat. 578).
(3) Dolus lakes wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 9,407 acres, as generally depicted on the map
entitled ``Dolus Lakes Wilderness'' and dated September 13,
2010, which shall be known as the ``Dolus Lakes Wilderness''.
(4) East pioneers wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 77,438 acres, as generally depicted on the map
entitled ``East Pioneers Wilderness'' and dated September 13,
2010, which shall be known as the ``East Pioneers
Wilderness''.
(5) Electric peak wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 5,670 acres, as generally depicted on the map
entitled ``Electric Peak Wilderness and Thunderbolt Creek
Recreation Management Area'' and dated September 13, 2010,
which shall be known as the ``Electric Peak Wilderness''.
(6) Highlands wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 15,659
acres, as generally depicted on the map entitled ``Highlands
Wilderness Area and Special Management Area'' and dated
September 13, 2010, which shall be known as the ``Highlands
Wilderness''.
(7) Italian peaks wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 29,677 acres, as generally depicted on the map
entitled ``Italian Peaks Wilderness'' and dated September 13,
2010, which shall be known as the ``Italian Peaks
Wilderness''.
(8) Lee metcalf wilderness additions.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 17,201 acres, as generally depicted on the map
entitled ``Lee Metcalf Wilderness Additions'' and dated
September 13, 2010, is incorporated in, and shall be
considered to be a part of, the Lee Metcalf Wilderness.
(9) Lima peaks wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 35,012
acres, as generally depicted on the map entitled ``Lima Peaks
Wilderness'' and dated September 13, 2010, which shall be
known as the ``Lima Peaks Wilderness''.
(10) Mission mountains wilderness addition.--Certain land
in the Lolo National Forest, which comprises approximately
4,460 acres, as generally depicted as the ``West Fork
Clearwater Wilderness Addition'' on the map entitled ``Bob
Marshall, Mission Mountains and Scapegoat Wilderness
Additions and Otatsy Recreation Management Area'' and dated
September 13, 2010, is incorporated in, and shall be
considered to be a part of, the Mission Mountains Wilderness

[[Page 19988]]

designated by Public Law 93-632 (88 Stat. 2153).
(11) Mount jefferson wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 4,465 acres, as generally depicted on the map
entitled ``Mount Jefferson Wilderness'' and dated September
13, 2010, which shall be known as the ``Mount Jefferson
Wilderness''.
(12) Quigg peak wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 8,275 acres, as generally depicted on the map
entitled ``Quigg Peak Wilderness'' and dated September 13,
2010, which shall be known as the ``Quigg Peak Wilderness''.
(13) Roderick wilderness.--Certain land in the Kootenai
National Forest, which comprises approximately 29,467 acres,
as generally depicted as the ``Roderick Wilderness Area'' on
the map entitled ``Roderick Wilderness and Special Management
Area and Three Rivers Special Management Area'' and dated
September 13, 2010, which shall be known as the ``Roderick
Wilderness''.
(14) Sapphires wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 43,101
acres, as generally depicted on the map entitled ``Sapphires
Wilderness'' and dated September 13, 2010, which shall be
known as the ``Sapphires Wilderness''.
(15) Scapegoat wilderness additions.--Certain land in the
Lolo National Forest, which comprises approximately 30,967
acres, as generally depicted as the ``North Fork Blackfoot-
Monture Creek Wilderness Addition (Scapegoat Addition)'' on
the map entitled ``Bob Marshall, Mission Mountains and
Scapegoat Wilderness Additions and Otatsy Recreation
Management Area'' and dated September 13, 2010, is
incorporated in, and shall be considered to be a part of, the
Bob Marshall Wilderness designated by Public Law 92-395 (86
Stat. 578).
(16) Snowcrest wilderness.--Certain land in the Beaverhead-
Deerlodge National Forest, comprising approximately 91,561
acres, as generally depicted on the map entitled ``Snowcrest
Wilderness'' and dated September 13, 2010, which shall be
known as the ``Snowcrest Wilderness''.
(17) Stony mountain wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 14,213 acres, as generally depicted on the map
entitled ``Stony Mountain Wilderness'' and dated September
13, 2010, which shall be known as the ``Stony Mountain
Wilderness''.
(18) West big hole wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 44,156 acres, as generally depicted on the map
entitled ``West Big Hole Wilderness and Recreation Management
Area'' and dated September 13, 2010, which shall be known as
the ``West Big Hole Wilderness''.
(19) West pioneers wilderness.--Certain land in the
Beaverhead-Deerlodge National Forest, comprising
approximately 26,560 acres, as generally depicted on the map
entitled ``West Pioneers Wilderness and Recreation Management
Area'' and dated September 13, 2010, which shall be known as
the ``West Pioneers Wilderness''.
(b) Land Administered by the Bureau of Land Management.--In
furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Blacktail mountains wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 10,675 acres, as generally depicted on the map
entitled ``Blacktail Mountains Wilderness'' and dated July
27, 2010, which shall be known as the ``Blacktail Mountains
Wilderness''.
(2) Centennial mountains wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 23,700 acres, as generally depicted on the map
entitled ``Centennial Mountains Wilderness'' and dated July
27, 2010, which shall be known as the ``Centennial Mountains
Wilderness''.
(3) Ruby mountains wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 16,300 acres, as generally depicted on the map
entitled ``Ruby Mountains Wilderness'' and dated July 27,
2010, which shall be known as the ``Ruby Mountains
Wilderness''.
(4) East fork blacktail wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 6,125 acres, as generally depicted on the map
entitled ``East Fork Blacktail Wilderness'' and dated July
27, 2010, which shall be known as the ``East Fork Blacktail
Wilderness''.
(5) Humbug spires wilderness.--Certain public land
administered by the Bureau of Land Management, comprising
approximately 8,900 acres, as generally depicted on the map
entitled ``Humbug Spires Wilderness'' and dated July 27,
2010, which shall be known as the ``Humbug Spires
Wilderness''.
(c) Transfer of Administrative Jurisdiction.--
Administrative jurisdiction over certain public land
administered by the Bureau of Land Management, comprising
approximately 663 acres, as generally known as ``Farlin Creek
Administrative Transfer'' depicted on the map entitled ``East
Pioneers Wilderness'' and dated September 13, 2010, is
transferred to the Secretary of Agriculture, and is
incorporated in, and shall be considered to be a part of, the
East Pioneers Wilderness designated by subsection (a)(3).

SEC. 714. ADMINISTRATION OF WILDERNESS AREAS.

(a) Management.--Subject to valid existing rights, each
area designated as wilderness by section 713 shall be
administered by the Secretary concerned in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) with respect to public land administered by the Bureau
of Land Management, any reference in that Act to the
Secretary of Agriculture shall be considered to be a
reference to the Secretary of the Interior.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall file a
map and a legal description of each wilderness area and
potential wilderness area designated by this section, with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary
concerned may correct typographical errors in the maps and
legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and the Bureau of Land Management.
(c) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area designated by
section 713 that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(d) Withdrawal.--Subject to valid existing rights, the
Federal land designated as wilderness by section 713 is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(e) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
within the wilderness areas designated by section 713, the
Secretary concerned may take such measures as are necessary
to control fire, insects, and diseases, subject to such terms
and conditions as the Secretary concerned determines to be
appropriate.
(f) Access to Private Property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
concerned shall provide any owner of private property within
the boundary of a wilderness area designated by section 713
adequate access to the property.
(g) Fish and Wildlife.--
(1) In general.--Nothing in this subtitle affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife, including the regulation of hunting,
fishing, and trapping.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary concerned may carry out management
activities to maintain or restore fish and wildlife
populations (including activities to maintain and restore
fish and wildlife habitats to support the populations) in a
wilderness area designated by section 713 if the activities
are--
(A) consistent with applicable wilderness management plans;
and
(B) carried out in accordance with applicable guidelines
and policies.
(h) Snow Sensors and Stream Gauges.--Nothing in this
subtitle prevents the installation or maintenance of
hydrological, meteorological, or climatological
instrumentation in a wilderness area designated by section
713 if the Secretary concerned determines that the
installation or maintenance of the instrumentation is
necessary to further the scientific, educational, or
conservation purposes of the wilderness area.
(i) Livestock.--Within the wilderness areas, the grazing of
livestock in which grazing is established before the date of
enactment of this Act shall be allowed to continue, subject
to such reasonable regulations, policies, and practices as
the Secretary concerned determines to be necessary, in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1131(d)(4));
(2) with respect to wilderness areas administered by the
Secretary of Agriculture, the guidelines described in House
Report 96-617 of the 96th Congress; and

[[Page 19989]]

(3) with respect to wilderness areas administered by the
Secretary of the Interior, the guidelines described in
Appendix A of House Report 101-405 of the 101st Congress.
(j) Outfitting and Guide Activities.--
(1) In general.--In accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services
(including authorized outfitting and guide activities) within
the wilderness areas designated by section 713 are authorized
to the extent necessary for activities that are proper for
realizing the recreational or other wilderness purposes of
the wilderness areas.
(2) Effect.--Nothing in this subtitle requires the
Secretary concerned to modify permits in effect as of the
date of enactment of this Act to provide outfitting and guide
services within the areas designated as wilderness by section
713, if the Secretary concerned determines that the
activities are consistent with administration of the areas as
wilderness.
(k) Adjacent Management.--
(1) In general.--The designation of a wilderness area by
section 713 shall not create any protective perimeter or
buffer zone around the wilderness area.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by section 713 shall not preclude
the conduct of the activities or uses outside the boundary of
the wilderness area.
(l) Water Impoundment Structures.--
(1) In general.--The Secretary concerned may issue a
special use authorization to an owner of a water storage,
transport, or diversion facility located within the areas
designated as wilderness by section 713 for the continued
operation, maintenance, and reconstruction of the facility
if--
(A) the facility was in existence before the date of the
designation of the wilderness area; and
(B) the Secretary concerned determines that--
(i) the facility has been in substantially continuous use
to deliver water for the beneficial use on the non-Federal
land of the owner since the date of the designation of the
wilderness area;
(ii) the owner of the facility holds a valid water right
for use of the water under State law, with a priority date
that predates the date of the designation of the wilderness
area; and
(iii) it is not practicable or feasible to relocate the
facility to land outside the boundary of the wilderness and
continue the beneficial use of water on the non-Federal land
recognized under State law.
(2) Use of motorized equipment and mechanized transport.--
The special use authorization under paragraph (1) may allow
for the use of motorized equipment and mechanized transport
if the Secretary concerned determines, after conducting a
minimum tool analysis, that the use of nonmotorized equipment
and nonmechanized transport is impracticable or infeasible.
(3) Terms and conditions.--The Secretary concerned may
include such terms and conditions in the special use
authorization under paragraph (1) as the Secretary concerned
determines appropriate to protect the wilderness values of
the area.
(m) Snowcrest Wilderness Area.--With respect to the
Snowcrest Wilderness Area--
(1) the continuation of reasonable motorized access to
maintain water infrastructure for cattle that was constructed
to protect fluvial Arctic Grayling and other aquatic species
in the Ruby River may continue--
(A) subject to a permit; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines described in House Report 96-617 of the
96th Congress; and
(2) the trailing of sheep across the Snowcrest Wilderness
area to reach existing grazing allotments in the Gravelly
Mountains may be continued for the tenure of the allotments--
(A) subject to--
(i) a permit; and
(ii) a determination by the Secretary of Agriculture
(acting through the Forest Supervisor) that the use of
nonmechanized transport is impracticable or infeasible; and
(B) to the maximum extent practicable, in accordance with
the guidelines described in House Report 96-617 of the 96th
Congress.

SEC. 715. RELEASE OF BUREAU OF LAND MANAGEMENT STUDY AREAS.

(a) Finding.--Congress finds that, for purposes of section
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area by section 713 or any other Act enacted
before the date of enactment of this Act has been adequately
studied for wilderness.
(b) Description of Study Areas.--The study areas referred
to in subsection (a) are--
(1) the Axolotl Lakes Wilderness Study Area;
(2) the Bell and Limekiln Canyons Wilderness Study Area;
(3) the Blacktail Mountains Wilderness Study Area;
(4) the Centennial Mountains Wilderness Study Area;
(5) the Farlin Creek Wilderness Study Area;
(6) the Henneberry Ridge Wilderness Study Area;
(7) the Hidden Pasture Wilderness Study Area;
(8) the Humbug Spires Wilderness Study Area; and
(9) the Ruby Mountains Wilderness Study Area.
(c) Release.--Any study area described in subsection (b)
that is not designated as a wilderness area by section 713--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable land
management plans adopted under section 202 of that Act (43
U.S.C. 1712).

SEC. 716. RELEASE OF SAPPHIRE AND WEST PIONEER WILDERNESS
STUDY AREAS.

(a) Findings.--Congress finds that--
(1) the studies conducted under section 2 of the Montana
Wilderness Study Act of 1977 (Public Law 95-150; 91 Stat.
1243) regarding each study area described in subsection (b)
are adequate for the consideration of the suitability of each
study area for inclusion as a component of the National
Wilderness Preservation System; and
(2) the Secretary of Agriculture is not required--
(A) to review the wilderness option for each study area
described in subsection (b) prior to the revision of the
forest plan required for each land that comprises each study
area in accordance with the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); and
(B) to manage the portion of each study area described in
subsection (b) that is not designated as wilderness by
section 713 to ensure the suitability of the area for
designation as a component of the National Wilderness
Preservation System pending revision of the applicable forest
plan.
(b) Description of Study Areas.--The study areas referred
to in subsection (a) are those portions of the following
wilderness study areas which are not designated as wilderness
by section 713:
(1) The Sapphire Wilderness Study Area, as described in
section 2(4) of the Montana Wilderness Study Act of 1977
(Public Law 95-150; 91 Stat. 1243).
(2) The West Pioneer Wilderness Study Area, as described in
section 2(1) of the Montana Wilderness Study Act of 1977
(Public Law 95-150; 91 Stat. 1243).

SEC. 717. SPECIAL MANAGEMENT AND RECREATION MANAGEMENT AREAS.

(a) Designation.--To conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry
heritage, and other natural resource values of the areas, the
following areas in the State are designated for special
management by the Secretary concerned in accordance with this
section:
(1) Highlands special management area.--Certain Federal
land in the Beaverhead-Deerlodge National Forest, comprising
approximately 5,011 acres, as generally depicted on the map
entitled ``Highlands Wilderness Area and Special Management
Area'' and dated September 13, 2010, which is designated as
the ``Highlands Special Management Area''.
(2) Lost creek recreation management area.--Certain Federal
land in the Beaverhead-Deerlodge National Forest, comprising
approximately 14,589 acres, as generally depicted on the map
entitled ``Lost Creek Recreation Management Area'' and dated
September 13, 2010, which is designated as the ``Lost Creek
Recreation Management Area''.
(3) Otatsy recreation management area.--Certain Federal
land in the Lolo National Forest, comprising approximately
1,859 acres, as generally depicted on the map entitled ``Bob
Marshall, Mission Mountains and Scapegoat Wilderness
Additions and Otatsy Recreation Management Area'' and dated
September 13, 2010, which is designated as the ``Otatsy
Recreation Management Area''.
(4) Roderick special management area.--Certain Federal land
in the Kootenai National Forest, comprising approximately
3,715 acres, as generally depicted on the map entitled
``Roderick Wilderness and Special Management Area and Three
Rivers Special Management Area'' and dated September 13,
2010, which is designated as the ``Roderick Special
Management Area''.
(5) Three rivers special management area.--Certain Federal
land in the Kootenai National Forest, comprising
approximately 71,994 acres, as generally depicted on the map
entitled ``Roderick Wilderness and Special Management Area
and Three Rivers Special Management Area'' and dated
September 13, 2010, which is designated as the ``Three Rivers
Special Management Area''.
(6) Thunderbolt creek recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest,
comprising approximately 19,641 acres, as generally depicted
on the map entitled ``Electric Peak Wilderness and
Thunderbolt Creek Recreation Management Area'' and dated
September 13, 2010, which is designated as the ``Thunderbolt
Recreation Management Area''.

[[Page 19990]]

(7) Tobacco roots recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest,
comprising approximately 29,186 acres, as generally depicted
on the map entitled ``Tobacco Roots Recreation Management
Area'' and dated September 13, 2010, which is designated as
the ``Tobacco Roots Recreation Management Area''.
(8) West big hole recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest
comprising approximately 95,144 acres, as generally depicted
on the map entitled ``West Big Hole Wilderness and Recreation
Management Area'' and dated September 13, 2010, which is
designated as the ``West Big Hole Recreation Management
Area''.
(9) West pioneers recreation management area.--Certain
Federal land in the Beaverhead-Deerlodge National Forest,
comprising approximately 128,361 acres, as generally depicted
on the map entitled ``West Pioneers Wilderness and Recreation
Management Area'' and dated September 13, 2010, which is
designated as the ``West Pioneers Recreation Management
Area''.
(b) Administration.--
(1) Applicable law.--
(A) In general.--The Secretary concerned shall administer
each area designated by subsection (a)--
(i) in furtherance of the purposes for which the area is
established; and
(ii) in accordance with--

(I) this section; and
(II) any laws (including regulations) relating to the
National Forest System.

(B) Closure of trails.--Nothing in this subtitle precludes
the Secretary concerned from closing any trail or area
located in the areas designated by subsection (a)--
(i) to protect a natural resource; or
(ii) to help ensure public safety.
(2) Withdrawal.--Subject to valid existing rights, any
Federal land within an area designated by subsection (a)
(including any Federal land acquired after the date of
enactment of this Act for inclusion in an area designated by
subsection (a)) is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(3) Timber harvesting.--
(A) In general.--Except as provided in subparagraph (B) or
as authorized under subsection (c), timber harvesting shall
not be permitted within an area designated by subsection (a).
(B) Fire, insects, and diseases.--Timber harvesting may be
permitted in an area designated by subsection (a) to the
extent allowed under section 4(d)(1) of the Wilderness Act
(16 U.S.C. 1133(d)(1)) for purposes relating to the necessary
control of fire, insects, and diseases.
(4) Use of motorized or mechanized vehicles.--
(A) In general.--Nothing in this section affects the use of
motorized or mechanized vehicles that the Secretary concerned
determines is necessary for administrative use or to respond
to an emergency.
(B) Mechanized vehicles, pedestrians, and horse travel.--
Except as authorized under subsection (c), nothing in this
section prohibits--
(i) the use of mechanized vehicles, access by pedestrians,
or horse travel within the areas designated by subsection
(a); or
(ii) the construction of trails for use by mechanized
vehicles, pedestrians, and horse travel within the areas
designated by subsection (a).
(5) Firewood.--The Secretary concerned may allow for the
collection of firewood for noncommercial personal use within
the areas designated by subsection (a)--
(A) in accordance with any applicable laws; and
(B) subject to such terms and conditions as the Secretary
concerned determines to be appropriate.
(c) Area Specific Management Requirements.--
(1) Highlands special management area.--
(A) Campground development.--No permanent campground may be
constructed within the Highlands Special Management Area.
(B) Motorized and mechanized recreation.--Except as
provided in subparagraph (C), and as necessary for
administrative use or to respond to an emergency, the use of
motorized or mechanized vehicles within the Highlands Special
Management Area shall be prohibited.
(C) Transmission towers and municipal water pipelines.--
Nothing in this section affects--
(i) the reasonable access of the government of the
applicable county to operate and maintain the communication
site located on Table Mountain under a special use permit
issued by the Forest Service; and
(ii) the reasonable access of the city of Butte, Montana,
to operate, maintain, and if necessary, upgrade the water
supply pipeline within the Highlands Special Management Area
in existence as of the date of enactment of this Act for the
city of Butte (including the surrounding community of the
city of Butte).
(D) Helicopter landings.--Nothing in this section precludes
or restricts the authority of the Secretary concerned to
enter into agreements with the Secretary of Defense or the
Montana National Guard to authorize limited and scheduled
landings of aircraft in the Highlands Special Management
Area.
(2) Lost creek, thunderbolt, and west pioneers recreation
management areas.--
(A) Motorized recreation.--Subject to any terms and
conditions the Secretary concerned determines to be
necessary, the use of motorized vehicles within the Lost
Creek, Thunderbolt, and West Pioneers Recreation Management
Areas shall be limited to--
(i) the routes and trails designated for such use as of the
date of enactment of this Act; and
(ii) during periods of adequate snow cover, the areas
designated for snowmobile use as of the date of enactment of
this Act.
(B) Campground development.--No permanent campground may be
constructed within the Lost Creek Recreation Area.
(3) Otatsy recreation management area.--
(A) Motorized and mechanized recreation.--
(i) In general.--The use of motorized and mechanized
vehicles in the Otatsy Recreation Management Area shall be
permitted only on the roads, trails, and areas designated for
use by motorized and mechanized vehicles by the management
plan required under subparagraph (B).
(ii) Interim management.--Until the date on which the
management plan required under subparagraph (B) is approved,
and subject to any terms and conditions that the Secretary
concerned determines to be necessary, the use of motorized or
mechanized vehicles in the Otatsy Recreation Management Area
shall be limited to the routes and trails designated for such
use as of the date of enactment of this Act, except that
during periods of adequate snow cover, the use of snowmobiles
shall be allowed within the Otatsy Recreation Management
Area.
(B) Management plan.--The Secretary concerned shall prepare
a management plan for the Otatsy Recreation Management Area
as part of the first revision of the applicable forest plan
that is carried out after the date of enactment of this Act.
(4) Three rivers and roderick special management areas.--
(A) Motorized and mechanized recreation.--Except as
provided in subparagraphs (B) and (C), the use of motorized
or mechanized vehicles within the Three Rivers Special
Management Area and the Roderick Special Management Area
shall be limited to the roads on which use by highway legal
vehicles is permitted as of the date of enactment of this
Act.
(B) Snowmobile area.--Subject to any terms and conditions
the Secretary concerned determines to be necessary, the use
of snowmobiles shall be allowed in the areas designated as
``motorized'' in the map entitled ``Roderick Wilderness and
Special Management Area and Three Rivers Special Management
Area'' and dated September 13, 2010.
(C) Game carts.--The Secretary concerned may authorize the
use of nonmotorized game carts in the area identified as
``Roderick Special Management Area'' on the map described in
subparagraph (B).
(D) Campground development.--No permanent campground may be
constructed in the Three Rivers Special Management Area or
the Roderick Special Management Area.
(5) Tobacco roots recreation management area.--Subject to
any terms and conditions that the Secretary concerned
determines to be necessary, the use of motorized vehicles
shall be limited to the roads, routes, and trails in the
Tobacco Roots Recreation Management Area designated for such
use as of the date of enactment of this Act.
(6) West big hole recreation management area.--
(A) Motorized recreation.--Subject to any terms and
conditions that the Secretary concerned determines to be
necessary, motorized use shall be permitted on approved
designated, routes, trails, and areas in the West Big Hole
Recreation Management Area, including the use of snowmobiles
during periods of adequate snow cover.
(B) Timber harvest.--The Secretary concerned may authorize
post and pole, firewood, and fuel reduction timber projects
in the West Big Hole Recreation Management Area, subject to
such terms and conditions that the Secretary concerned
determines to be appropriate.

SEC. 718. ALL TERRAIN VEHICLE STUDY AND REPORT.

Not later than 1 year after the date of enactment of this
Act, the Secretary concerned shall study and report on--
(1) the opportunities for expanded all-terrain vehicles
routes and trails across the Three Rivers District and
adjacent areas on the Kootenai National Forest;
(2) the interconnectedness of routes on private or State
land; and
(3) the opportunities for expanded access points to
existing trails.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2011''.

[[Page 19991]]

DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

TITLE I

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

(including transfer of funds)

For necessary expenses of the Workforce Investment Act of
1998 (``WIA''), the Second Chance Act of 2007, and the Women
in Apprenticeship and Non-Traditional Occupations Act of
1992, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real
property for training centers as authorized by the WIA;
$3,861,457,000, plus reimbursements, shall be available. Of
the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, dislocated worker employment
and training activities, and for workforce innovation
activities, $3,110,380,000 as follows:
(A) $891,540,000 for adult employment and training
activities, of which not more than $30,000,000, shall be
available for workforce innovation activities to carry out
projects authorized under section 171(b) of the WIA 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, and of which $179,540,000 shall be available
for the period July 1, 2011, through June 30, 2012, and of
which $712,000,000 shall be available for the period October
1, 2011 through June 30, 2012;
(B) $985,000,000 for youth activities, which shall be
available for the period April 1, 2011 through June 30, 2012;
and of which not more than $85,000,000 shall be for workforce
innovation activities to carry out projects authorized under
section 171(b) of the WIA 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 youth: Provided, That notwithstanding
section 128(a)(1) of the WIA, the amount available to the
Governor for statewide activities shall not exceed 10 percent
of the amount allotted to the State from the appropriation
under this subparagraph: Provided further, That of the funds
reserved in this subparagraph for workforce innovation
activities not less than 30 percent shall be for projects
providing summer employment activities for youth; and
(C) $1,233,840,000 for dislocated worker employment and
training activities, of which not more than $50,000,000 shall
be for workforce innovation activities to carry out projects
authorized under section 171(b) of the WIA 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, and of which
$373,840,000 shall be available for the period July 1, 2011
through June 30, 2012, and of which $860,000,000 shall be
available for the period October 1, 2011 through June 30,
2012:

Provided, That with respect to a local board's transfer
authority, section 133(b)(4) of the WIA shall be applied by
substituting ``30 percent'' for ``20 percent'' each place the
term appears in such section: Provided further, That a local
board may award a contract to an institution of higher
education or other eligible training provider if the local
board determines that it would facilitate the training of
multiple individuals in high-demand occupations, if such
contract does not limit customer choice: Provided further,
That projects carried out with funds available for workforce
innovation activities shall not be subject to the
requirements of section 171(b)(2)(B) of the WIA and shall be
administered by the Secretary of Labor in cooperation with
the Secretary of Education and, as appropriate, other heads
of departments and agencies: Provided further, That of the
funds available for workforce innovation activities, not more
than 5 percent shall be for technical assistance and
evaluations related to the projects carried out with these
funds;
(2) for federally administered programs, $480,038,000 as
follows:
(A) $229,160,000 for the dislocated workers assistance
national reserve, of which $29,160,000 shall be available for
the period July 1, 2011 through June 30, 2012, and of which
$200,000,000 shall be available for the period October 1,
2011 through June 30, 2012: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIA may be used to
provide assistance to a State for State-wide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the
State workforce development plan with emerging economic
development needs; and train such eligible dislocated
workers: Provided further, That funds provided to carry out
section 171(d) of the WIA may be used for demonstration
projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That none
of the funds shall be obligated to carry out section 173(e)
of the WIA;
(B) $55,000,000 for Native American programs, which shall
be available for the period July 1, 2011 through June 30,
2012;
(C) $87,378,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including $80,968,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $5,900,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $510,000 for
other discretionary purposes, which shall be available for
the period July 1, 2011 through June 30, 2012: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $1,000,000 for carrying out the Women in Apprenticeship
and Nontraditional Occupations Act, which shall be available
for the period July 1, 2011 through June 30, 2012; and
(E) $107,500,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2011 through June 30, 2012;
(3) for national activities, $271,039,000 as follows:
(A) $94,689,000 for Pilots, Demonstrations, and Research,
which shall be available for the period April 1, 2011 through
June 30, 2012, of which $40,000,000 shall be for Transitional
Jobs activities, and shall not be subject to the requirements
of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA, and that
up to 10 percent of the amount available for Transitional
Jobs activities may be used for evaluation of such projects
or transferred to the Department of Health and Human Services
and/or the Department of Justice for support of Transitional
Jobs activities; and of which $48,133,000 shall be used for
the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That funding provided to carry out such projects shall not be
subject to the requirements of sections 171(b)(2)(B) and
171(c)(4)(D) of the WIA, the joint funding requirements of
sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or any
time limit requirements of sections 171(b)(2)(C) and
171(c)(4)(B) of the WIA;
(B) $55,000,000 for activities that prepare workers for
careers in energy efficiency and renewable energy as
described in section 171(e)(1)(B) of the WIA, under the
authority of section 171 of the WIA, which shall be available
for the period July 1, 2011 through June 30, 2012, and which
shall not be subject to the requirements of section
171(b)(2)(B) or 171(c)(4)(D);
(C) $98,000,000 for ex-offender activities, under the
authority of section 171 of the WIA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2011 through June 30, 2012, notwithstanding
the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of
the WIA;
(D) $9,600,000 for Evaluation, which shall be available for
the period July 1, 2011 through June 30, 2012; and
(E) $13,750,000 for the Workforce Data Quality Initiative,
under the authority of section 171(c)(2) of the WIA, which
shall be available for the period July 1, 2011 through June
30, 2012, and which shall not be subject to the requirements
of section 171(c)(4)(D).

office of job corps

(including transfer of funds)

To carry out subtitle C of title I of the Workforce
Investment Act of 1998, including Federal administrative
expenses, the purchase and hire of passenger motor vehicles,
the construction, alteration and repairs of buildings and
other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment
Act; $1,719,125,000, plus reimbursements, as follows:
(1) $1,584,015,000 for Job Corps Operations, of which
$993,015,000 shall be available for obligation for the period
July 1, 2011 through June 30, 2012 and of which $591,000,000
shall be available for obligation for the period October 1,
2011 through June 30, 2012;
(2) $104,250,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $4,250,000 shall
be available for the period July 1, 2011 through June 30,
2014 and $100,000,000 shall be available for the period
October 1, 2011 through June 30, 2014: Provided, That the
Secretary of Labor may transfer up to 25 percent of such
funds to meet the operational needs of such centers: Provided
further, That any funds transferred pursuant to the preceding
proviso shall not be available for obligation after June 30,
2012; and
(3) $30,860,000 for necessary expenses of the Office of Job
Corps shall be available for obligation for the period
October 1, 2010 through September 30, 2011:

Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.

[[Page 19992]]

community service employment for older americans

To carry out title V of the Older Americans Act of 1965
(``OAA''), $620,425,000, which shall be available for the
period July 1, 2011 through June 30, 2012: Provided, That
funds made available under this heading may, in accordance
with section 517(c) of the OAA, be recaptured and
reobligated.

federal unemployment benefits and allowances

For payments during fiscal year 2011 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, including benefit payments, allowances,
training, and related State administration provided pursuant
to paragraphs (1) and (2) of section 1891(b) of the Trade and
Globalization Adjustment Assistance Act of 2009,
$1,938,200,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for
payments for any period subsequent to September 15, 2011.

state unemployment insurance and employment service operations

For authorized administrative expenses, $89,403,000,
together with not to exceed $4,168,924,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $3,390,079,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including $65,000,000 to conduct in-person re-employment and
eligibility assessments and unemployment insurance improper
payment reviews), the administration of unemployment
insurance for Federal employees and for ex-service members as
authorized under 5 U.S.C. 8501-8523, and the administration
of trade readjustment allowances, re-employment trade
adjustment assistance, and alternative trade adjustment
assistance under the Trade Act of 1974 and under section
1891(b) of the Trade and Globalization Adjustment Assistance
Act of 2009, and shall be available for obligation by the
States through December 31, 2011, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2013, and funds used for
unemployment insurance workloads experienced by the States
through September 30, 2011, shall be available for Federal
obligation through December 31, 2011: Provided, That funds
awarded to States under the misclassification initiative or
to conduct re-employment and eligibility assessment and
improper payment reviews shall be available for obligation by
the States through September 30, 2013;
(2) $11,310,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $680,893,000 from the Trust Fund, together with
$22,683,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2011 through June 30, 2012;
(4) $20,994,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act, including not to exceed $1,228,000
that may be used for amortization payments to States which
had independent retirement plans in their State employment
service agencies prior to 1980;
(5) $65,648,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $50,519,000 shall be available for the
Federal administration of such activities, and $15,129,000
shall be available for grants to States for the
administration of such activities; and
(6) $66,720,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and section
171 (e)(2)(C) of the Workforce Investment Act of 1998 and
shall be available for Federal obligation for the period July
1, 2011 through June 30, 2012:

Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2011 is projected by
the Department of Labor to exceed 6,051,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary of Labor may use
funds appropriated for grants to States under title III of
the Social Security Act to make payments on behalf of States
for the use of the National Directory of New Hires under
section 453(j)(8) of such Act: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance or immigration programs, may be
obligated in contracts, grants, or agreements with non-State
entities: Provided further, That funds appropriated under
this Act for activities authorized under title III of the
Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and
Employment Service automation efforts, notwithstanding cost
allocation principles prescribed under the Office of
Management and Budget Circular A-87: Provided further, That
the Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the
request.

advances to the unemployment trust fund and other funds

For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the
``Federal Unemployment Benefits and Allowances'' account,
such sums as may be necessary, which shall be available for
obligation through September 30, 2012.

program administration

For expenses of administering employment and training
programs, $103,451,000, together with not to exceed
$55,472,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.

Employee Benefits Security Administration

salaries and expenses

For necessary expenses for the Employee Benefits Security
Administration, $172,995,000.

Pension Benefit Guaranty Corporation

pension benefit guaranty corporation fund

The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2011, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2011 shall be available for
obligations for administrative expenses in excess of
$466,301,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2011, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2012 for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That an additional $50,000 shall be made
available through September 30, 2012, for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan
terminations or asset growth, after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That obligations in excess of the
amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate.

Office of Workers' Compensation Programs

salaries and expenses

For necessary expenses for the Office of Workers'
Compensation Programs, $123,765,000, together with $2,181,000
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.

special benefits

(including transfer of funds)

For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;

[[Page 19993]]

continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of
the War Claims Act of 1948; and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $183,000,000,
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts
appropriated may be used under 5 U.S.C. 8104, by the
Secretary of Labor to reimburse an employer, who is not the
employer at the time of injury, for portions of the salary of
a re-employed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30, 2010,
shall remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2011: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $65,364,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems,
$17,318,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $32,973,000;
(3) For periodic roll management and medical review,
$15,073,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.

special benefits for disabled coal miners

For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$158,220,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2012, $41,000,000, to remain available
until expended.

administrative expenses, energy employees occupational illness
compensation fund

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $53,778,000,
to remain available until expended: Provided, That the
Secretary of Labor may require that any person filing a claim
for benefits under the Act provide as part of such claim,
such identifying information (including Social Security
account number) as may be prescribed.

black lung disability trust fund

(including transfer of funds)

In fiscal year 2011, such sums as may be necessary from the
Black Lung Disability Trust Fund (``Fund''), to remain
available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment
of interest on advances, as authorized by section 9501 (d)(4)
of that Act. In addition, the following amounts may be
expended from the Fund for fiscal year 2011 for expenses of
operation and administration of the Black Lung Benefits
program, as authorized by section 9501(d)(5): not to exceed
$33,075,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to
exceed $25,394,000 for transfer to Departmental Management,
``Salaries and Expenses''; not to exceed $327,000 for
transfer to Departmental Management, ``Office of Inspector
General''; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of
the Treasury.

Wage and Hour Division

salaries and expenses

For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$242,640,000.

Office of Federal Contract Compliance Programs

salaries and expenses

For necessary expenses for the Office of Federal Contract
Compliance Programs, $110,333,000.

Office of Labor Management Standards

salaries and expenses

For necessary expenses for the Office of Labor Management
Standards, $45,181,000.

Occupational Safety and Health Administration

salaries and expenses

For necessary expenses for the Occupational Safety and
Health Administration, $577,096,000, including not to exceed
$105,893,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary of Labor under section 18 of
the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $200,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal
year ending September 30, 2011, to collect and retain fees
for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, to administer national and
international laboratory recognition programs that ensure the
safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and
employs 10 or fewer employees: Provided further, That no
funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(DART) occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs 10 or
fewer employees: Provided further, That $11,000,000 shall be
available for Susan Harwood training grants.

Mine Safety and Health Administration

salaries and expenses

For necessary expenses for the Mine Safety and Health
Administration, $373,138,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities, and $1,500,000 to continue the project with the
United Mine Workers of America, for classroom and simulated
rescue training for mine rescue teams; in addition, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities, notwithstanding 31 U.S.C.
3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,350,000 from fees
collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize
such sums for such activities; the Secretary of Labor is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to
prosecute projects in cooperation with other agencies,
Federal, State, or private; the Mine Safety and

[[Page 19994]]

Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety
associations; the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law,
may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
the national organization; and any funds available to the
Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.

Bureau of Labor Statistics

salaries and expenses

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$565,050,000, together with not to exceed $67,438,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $1,500,000
may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act: Provided, That the
Current Employment Survey shall maintain the content of the
survey issued prior to June 2005 with respect to the
collection of data for the women worker series.

Office of Disability Employment Policy

salaries and expenses

For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $42,138,000.

Departmental Management

salaries and expenses

(including transfer of funds)

For necessary expenses for Departmental Management,
including the hire of three sedans, $416,297,000, together
with not to exceed $327,000, which may be expended from the
Employment Security Administration Account in the
Unemployment Trust Fund: Provided, That the Secretary of
Labor may transfer up to $4,300,000 of the funds available
under this heading for legal services to ``Mine Safety and
Health Administration--Salaries and Expenses'' for activities
related to the Department of Labor's caseload before the
Federal Mine Safety and Health Review Commission, which may
include case management of civil penalties, assignment of
Pattern of Violations (``POV'') status, and enhanced
enforcement under the POV process: Provided further, That
$87,000,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2011:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That $40,000,000 shall be for
the United States' contribution to the International Labour
Organization's International Program on the Elimination of
Child Labor: Provided further, That $26,500,000 shall be used
to implement model programs that address worker rights issues
through technical assistance or other programs in countries
with which the United States has free trade agreements or
trade preference programs: Provided further, That funds
available for the acquisition of Departmental information
technology, architecture, infrastructure, equipment, software
and related needs, may be allocated to agencies of the
Department by the Department's Chief Information Officer:
Provided further, That $27,000,000 shall be used for program
evaluation, of which $17,000,000 shall be available for
obligation through September 30, 2012: Provided further, That
funds available for program evaluation may be transferred to
any other appropriate account in the Department for such
purpose: Provided further, That the Women's Bureau shall have
grant authority.

veterans employment and training

Not to exceed $211,523,000 may be derived from the
Employment Security Administration Account in the
Unemployment Trust Fund to carry out the provisions of 38
U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law
103-353, and which shall be available for obligation by the
States through December 31, 2011, of which $2,449,000 is for
the National Veterans' Employment and Training Services
Institute.
In addition, to carry out Department of Labor programs
under section 5(a)(1) of the Homeless Veterans Comprehensive
Assistance Act of 2001 and the Veterans Workforce Investment
Programs under section 168 of the Workforce Investment Act,
$50,971,000, of which $9,641,000 shall be available for
obligation for the period July 1, 2011 through June 30, 2012.

office of inspector general

For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $79,090,000, together with not to exceed
$5,992,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.

working capital fund

(including transfer of funds)

For the Department of Labor's acquisition workforce
capacity and capabilities, $4,537,000: Provided, That such
funds may be transferred by the Secretary of Labor for that
purpose to any other account in the Department (in addition
to any other transfer authority provided in this Act):
Provided further, That funds available under this heading
shall be used only to supplement and not to supplant existing
acquisition workforce activities and may be used for
training, recruitment, retention, and hiring additional
members of the acquisition workforce (as defined by the
Office of Federal Procurement Policy Act), for information
technology in support of acquisition workforce effectiveness,
or for activities to improve acquisition management.

General Provisions

Sec. 101. None of the funds appropriated in this Act for
the Job Corps shall be used to pay the salary of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level I.

(transfer of funds)

Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create
any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer, with such notification to include an
explanation of the effects of the proposed transfer by
program, project, and activity.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced
or indentured child labor in industries and host countries
already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. None of the funds made available to the
Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 may be used for any purpose other than training in the
occupations and industries for which employers are using H-1B
visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds available to the Secretary of
Labor for grants authorized under section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 shall be obligated for a grant awarded on a non-
competitive basis.
Sec. 106. None of the funds appropriated in this Act under
the heading ``Employment and Training Administration'' shall
be used by a recipient or subrecipient of such funds to pay
the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs. Notwithstanding this
section, the limitation on salaries for the Job Corps shall
continue to be governed by Section 101 of this Act.
Sec. 107. The Secretary of Labor shall take no action to
amend, through regulatory or administration action, the
definition established in section 667.220 of title 20 of the
Code of Federal Regulations for functions and activities
under title I of the Workforce Investment Act of 1998, or to
modify, through regulatory or administrative action, the
procedure for redesignation of local areas as specified in
subtitle B of title I of that Act (including applying the
standards specified in section 116(a)(3)(B) of that Act, but
notwithstanding the time limits specified in section
116(a)(3)(B) of that Act), until such time as legislation
reauthorizing the Act is enacted. Nothing in the preceding
sentence shall permit or require the Secretary to withdraw
approval for such redesignation from a State that received
the approval not later than October 12, 2005, or to revise
action taken or modify the redesignation procedure being

[[Page 19995]]

used by the Secretary in order to complete such redesignation
for a State that initiated the process of such redesignation
by submitting any request for such redesignation not later
than October 26, 2005.

(including rescission of funds)

Sec. 108. (a) Of the unobligated balances available in
``Department of Labor--Working Capital Fund'', $3,900,000 are
permanently rescinded, to be derived solely from amounts
available for 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) Public Law 85-67 is amended by striking the third
proviso under the heading ``Working Capital Fund'' (as added
by Public Law 104-134 and relating to establishment of an
Investment in Reinvestment Fund).

(including transfer of funds)

Sec. 109. Funds available to the Employment and Training
Administration, either directly or through a set-aside, for
technical assistance services to grantees may be transferred
to ``Program Administration'' when it is determined that
those services will be more efficiently performed by Federal
staff.
This title may be cited as the ``Department of Labor
Appropriations Act, 2011''.

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

health resources and services

(including transfer of funds)

For carrying out titles II, III, IV, VII, VIII, X, XI, XII,
XIX, XX, XXVI, and XXVIII of the Public Health Service Act
(``PHS Act''), section 427(a) of the Federal Coal Mine Health
and Safety Act, title V and sections 711, 1128E, 1820, and
1886 of the Social Security Act, the Health Care Quality
Improvement Act of 1986, the Native Hawaiian Health Care Act
of 1988, the Cardiac Arrest Survival Act of 2000, section 712
of the American Jobs Creation Act of 2004, the Stem Cell
Therapeutic and Research Act of 2005, the Medicare
Prescription Drug Improvement and Modernization Act of 2003,
and the Patient Protection and Affordable Care Act,
$7,715,892,000, of which $41,200,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural
hospital flexibility grants program under such section:
Provided, That sections 340G-1(d)(1) and (d)(2), 747(c)(2),
751(j)(2), and the proportional funding amounts in paragraphs
(1) through (4) of section 756(e) of the PHS Act shall not
apply to funds made available in this paragraph: Provided
further, That of the funds made available under this heading
for Medicare rural hospital flexibility grants, $1,000,000
shall be to carry out section 1820(g)(6) of the Social
Security Act, with funds provided for such grants available
for the purchase and implementation of telehealth services,
including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs
through the use of the VISTA-Electronic Health Record:
Provided further, That of the funds made available under this
heading, $129,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act
of 1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full
costs of operating the National Practitioner Data Bank, and
shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure
of information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of
the Social Security Act, shall be sufficient to recover the
full costs of operating the program, and shall remain
available until expended to carry out that Act: Provided
further, That no more than $40,000 shall be available until
expended for carrying out the provisions of section 224(o) of
the PHS Act including associated administrative expenses and
relevant evaluations: Provided further, That no 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
(``HHS'') pertaining to administrative claims made under such
law: Provided further, That of the funds made available under
this heading, $327,356,000 shall be for the program under
title X of the PHS Act to provide for voluntary family
planning projects: Provided further, That amounts provided to
said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That of the funds available
under this heading, $2,010,365,000 shall remain available to
the Secretary of HHS through September 30, 2013, for parts A
and B of title XXVI of the PHS Act, of which $900,000,000
shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of the PHS Act: Provided
further, That within the amounts provided for part A of title
XXVI of the PHS Act, $4,919,000 shall be available to the
Secretary through September 30, 2013, and shall be available
to qualifying jurisdictions, within 30 days of enactment, for
increasing supplemental grants for fiscal year 2011 to
metropolitan and transitional areas that received grant
funding in fiscal year 2010 under subparts I and II of part A
of title XXVI of the PHS Act to ensure that an area's total
funding under subparts I and II of part A for fiscal year
2010, together with the amount of this additional funding, is
not less than 90.7 percent of the amount of such area's total
funding under part A for fiscal year 2006: Provided further,
That notwithstanding section 2603(c)(1) of the PHS Act, the
additional funding to areas under the immediately preceding
proviso, which may be used for costs incurred during fiscal
year 2010, shall be available to the area for obligation from
the date of the award through the end of the grant year for
the award: Provided further, That in addition to amounts
provided herein, $25,000,000 shall be available from amounts
available under section 241 of the PHS Act to carry out parts
A, B, C, and D of title XXVI of the PHS Act to fund section
2691 Special Projects of National Significance: Provided
further, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not to exceed
$93,999,263 shall be available for carrying out special
projects of regional and national significance pursuant to
section 501(a)(2) of such Act and $11,810,915 shall be
available for projects described in paragraphs (A) through
(F) of section 501(a)(3) of such Act: Provided further, That
of the funds provided, $34,927,000 shall be provided for the
Delta Health Initiative as authorized in section 219 of
division G of Public Law 110-161 and associated
administrative expenses: Provided further, That, for any
program operating under section 751 of the PHS Act on or
before January 1, 2009, the Secretary of HHS may waive any of
the requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act: Provided further, That funds
provided under section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior-year adjustments
to awards made under these sections: Provided further, That
of the amount appropriated in this paragraph, $257,375,000
shall be used for the projects financing the construction and
renovation (including equipment) of healthcare and other
facilities and for other health-related activities, and in
the amounts, specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act), and of which up to 1 percent of the amount
for each project may be used for related agency
administrative expenses: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $10,075,000
shall be available for State Offices of Rural Health:
Provided further, That of the funds provided, $15,000,000
shall be available for the Small Rural Hospital Improvement
Grant Program: Provided further, That notwithstanding section
399BB(g) of the PHS Act, funds made available under this
heading for section 399BB of the PHS Act are for carrying out
the program as authorized under section 399BB(a)-(f) of such
Act unless otherwise authorized subsequent to enactment of
this Act: Provided further, That $65,000,000 shall be
available for State Health Access Grants to expand access to
affordable health care coverage for the uninsured populations
in such States: Provided further, That of the funds provided
under this paragraph, $90,000,000 shall be for grants to
assist in the development of medical schools, including the
construction and acquisition of property and facilities, in
designated health professional shortage areas: Provided
further, That funds made available in this paragraph may be
used to continue operating the Council on Graduate Medical
Education notwithstanding section 762(k) of the PHS Act.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $20,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.

vaccine injury compensation program trust fund

For payments from the Vaccine Injury Compensation Program
Trust Fund (``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death
with respect to vaccines administered after September 30,
1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to
exceed $6,502,000 shall be available from the Trust Fund to
the Secretary of Health and Human Services.

[[Page 19996]]

Centers for Disease Control and Prevention

disease control, research, and training

(including transfer of funds)

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI,
and XXVI of the Public Health Service Act (``PHS Act''),
sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of
the Federal Mine Safety and Health Act of 1977, section 13 of
the Mine Improvement and New Emergency Response Act of 2006,
sections 20, 21, and 22 of the Occupational Safety and Health
Act of 1970, titles II and IV of the Immigration and
Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, sections 4001, 4004, 4201, and 4301
of the Patient Protection and Affordable Care Act
(``PPACA''), section 103(a)(4)(H) of the Afghanistan Freedom
Support Act of 2002, and for expenses necessary to support
activities related to countering potential biological,
nuclear, radiological, and chemical threats to civilian
populations; including purchase and insurance of official
motor vehicles in foreign countries; and purchase, hire,
maintenance, and operation of aircraft, $6,288,507,000, of
which $12,000,000 shall remain available until expended for
acquisition of real property, equipment, construction, and
renovation of facilities, including necessary repairs and
improvements to laboratories leased or operated by the
Centers for Disease Control and Prevention; of which
$523,305,000 shall remain available until expended for the
Strategic National Stockpile under section 319F-2 of the PHS
Act; of which $25,000,000 shall remain available through
September 30, 2012 for chronic disease grants; of which
$12,155,000 shall be used for the projects, and in the
amounts, specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act); of which $118,023,000 for international
HIV/AIDS shall remain available through September 30, 2012;
of which $150,137,000 shall be available until expended to
provide screening and treatment for first response emergency
services personnel, residents, students, and others related
to the September 11, 2001 terrorist attacks on the World
Trade Center; and of which $5,540,000 shall remain available
until expended for research on underground mine refuge
chambers and alternatives: Provided, That paragraphs (1)
through (3) of section 2821(b) of the PHS Act shall not apply
to funds made available under this heading: Provided further,
That in addition, such sums as may be derived from authorized
user fees shall be credited to this account: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program shall
be available through September 30, 2012: Provided further,
That in addition to amounts provided herein, the following
amounts shall be available from amounts available under
section 241 of the PHS Act: (1) $12,864,000 to carry out the
National Immunization Surveys; (2) $161,883,000 to carry out
the National Center for Health Statistics surveys; (3)
$61,916,000 for Scientific and Support Services; (4)
$31,170,000 to carry out Public Health Research; and (5)
$91,724,000 to carry out research activities within the
National Occupational Research Agenda: Provided further, That
none of the funds made available for injury prevention and
control at the Centers for Disease Control and Prevention may
be used, in whole or in part, to advocate or promote gun
control: Provided further, That of the funds made available
under this paragraph, up to $1,000 per eligible employee of
the Centers for Disease Control and Prevention shall be made
available until expended for Individual Learning Accounts:
Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502,
section 3, dated November 3, 1990, to activities the Director
may so designate: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are to be notified promptly of any such redirection: Provided
further, That not to exceed $22,787,000 may be available for
making grants under section 1509 of the PHS Act to not less
than 22 States, tribes, or tribal organizations: Provided
further, That notwithstanding any other provision of law, the
Centers for Disease Control and Prevention shall award a
single contract or related contracts for development and
construction that collectively include the full scope of the
project: Provided further, That the solicitation and contract
shall contain the clause ``availability of funds'' found at
48 CFR 52.232-18: Provided further, That of the funds
appropriated, $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the Centers for Disease Control and Prevention:
Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both
civilian and Commissioned Officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall
be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of
Health and Human Services during the period of detail or
assignment: Provided further, That, notwithstanding section
516 of this Act, no activity funded under this heading or
funded through transfers to ``Disease Control, Research, and
Training'' that has a funding amount specifically identified
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) may be
eliminated, increased by more than 3 percent or reduced by
more than 1 percent through any administrative action.
In addition, for necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program
Act, $55,358,000, to remain available until expended, of
which no less than $4,500,000 shall be for use by or in
support of the Advisory Board on Radiation and Worker Health
(``the Board'') to carry out its statutory responsibilities,
including obtaining audits, technical assistance, and other
support from the Board's audit contractor with regard to
radiation dose estimation and reconstruction efforts, site
profiles, procedures, and review of Special Exposure Cohort
petitions and evaluation reports: Provided, That this amount
shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B,
title I of Public Law 106-554.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $630,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.

National Institutes of Health

national cancer institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $5,221,908,000, of
which up to $8,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute-Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.

national heart, lung, and blood institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $3,168,353,000.

national institute of dental and craniofacial research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$422,577,000.

national institute of diabetes and digestive and kidney diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,849,285,000.

national institute of neurological disorders and stroke

For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,673,342,000.

national institute of allergy and infectious diseases

(including transfer of funds)

For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,929,920,000: Provided, That $300,000,000 may be
made available to International Assistance Programs ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to
remain available until expended.

national institute of general medical sciences

For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$2,123,944,000.

eunice kennedy shriver national institute of child health and human
development

For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,359,515,000.

national eye institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $723,020,000.

national institute of environmental health sciences

For carrying out section 301 and title IV of the Public
Health Service Act with respect to environmental health
sciences, $705,733,000.

national institute on aging

For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,136,097,000.

national institute of arthritis and musculoskeletal and skin diseases

For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $553,186,000.

[[Page 19997]]

national institute on deafness and other communication disorders

For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $428,826,000.

national institute of nursing research

For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$149,339,000.

national institute on alcohol abuse and alcoholism

For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $472,795,000.

national institute on drug abuse

For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse,
$1,084,288,000.

national institute of mental health

For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,524,787,000.

national human genome research institute

For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$527,485,000.

national institute of biomedical imaging and bioengineering

For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $324,149,000.

national center for research resources

For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,306,868,000.

national center for complementary and alternative medicine

For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $131,693,000.

national institute on minority health and health disparities

For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $217,430,000.

john e. fogarty international center

For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the Public Health Service Act), $71,967,000.

national library of medicine

For carrying out section 301 and title IV of the Public
Health Service Act (``PHS Act'') with respect to health
information communications, $361,826,000, of which $4,000,000
shall be available until expended for improvement of
information systems: Provided, That in fiscal year 2011, the
National Library of Medicine may enter into personal services
contracts for the provision of services in facilities owned,
operated, or constructed under the jurisdiction of the
National Institutes of Health: Provided further, That in
addition to amounts provided herein, $8,200,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out the purposes of the National Information
Center on Health Services Research and Health Care Technology
established under section 478A of the PHS Act and related
health services.

office of the director

(including transfer of funds)

For carrying out the responsibilities of the Office of the
Director, National Institutes of Health (``NIH''),
$1,252,514,000, of which up to $25,000,000 shall be used to
carry out section 213 of this Act: Provided, That funding
shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided
further, That the NIH is authorized to collect third party
payments for the cost of clinical services that are incurred
in NIH research facilities and that such payments shall be
credited to the NIH Management Fund: Provided further, That
all funds credited to such Fund shall remain available for
one fiscal year after the fiscal year in which they are
deposited: Provided further, That up to $194,400,000 shall be
available for continuation of the National Children's Study:
Provided further, That $557,224,000 shall be available for
the Common Fund established under section 402A(c)(1) of the
Public Health Service Act (``PHS Act''): Provided further,
That of the funds provided $10,000 shall be for official
reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That
the Office of AIDS Research within the Office of the Director
of the NIH may spend up to $8,000,000 to make grants for
construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the PHS Act: Provided further, That
$50,000,000 shall be available to implement section 402C of
the PHS Act, relating to the Cures Acceleration Network:
Provided further, That if the entirety of the $50,000,000
cannot be obligated for the Cures Acceleration Network in
fiscal year 2011, the Director is authorized to transfer the
remaining funds to the Institutes and Centers, in proportion
to, and for the same purposes as, the appropriations
otherwise made to such Institutes and Centers in this Act, in
order to obligate the full amount available prior to October
1, 2011.

buildings and facilities

For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $36,390,000, to remain available until
expended.

Substance Abuse and Mental Health Services Administration

substance abuse and mental health services

(including transfer of funds)

For carrying out titles III, V, and XIX of the Public
Health Service Act (``PHS Act'') with respect to substance
abuse and mental health services and the Protection and
Advocacy for Individuals with Mental Illness Act,
$3,461,456,000, of which $10,118,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A are available for
carrying out section 1971 of the PHS Act: Provided further,
That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart II of part B of title
XIX; (2) $21,039,000 to carry out subpart I of part B of
title XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart I of part B of title
XIX; (3) $23,399,000 to carry out national surveys on drug
abuse and mental health; and (4) $8,596,000 to collect and
analyze data and evaluate substance abuse treatment programs:
Provided further, That section 520E(b)(2) of the PHS Act
shall not apply to funds appropriated under this Act for
fiscal year 2011.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $88,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.

Agency for Healthcare Research and Quality

healthcare research and quality

(including transfer of funds)

For carrying out titles III and IX of the Public Health
Service Act (``PHS Act''), part A of title XI of the Social
Security Act, and section 1013 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, amounts
received from Freedom of Information Act fees, reimbursable
and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until expended: Provided, That the amount made available
pursuant to section 947(c) of the PHS Act shall not exceed
$403,700,000.
For an additional amount to carry out the activities
listed, and in the amounts specified, under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $12,000,000, to be
derived by transfer from funds appropriated under section
4002 of the Patient Protection and Affordable Care Act:
Provided, That such funds shall not be available for further
transfer under authority granted in this or any other Act:
Provided further, That the amounts shall be transferred
within 45 days of enactment of this Act.

Centers for Medicare and Medicaid Services

grants to states for medicaid

For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $173,143,799,000, to
remain available until expended.
For making, after May 31, 2011, payments to States or in
the case of section 1928 on behalf of States under title XIX
of the Social Security Act for the last quarter of fiscal
year 2011 for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2012,
$86,445,289,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter

[[Page 19998]]

and approved in that or any subsequent quarter.

payments to healthcare trust funds

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, $229,624,000,000.
In addition, for making matching payments under section
1844, and benefit payments under section 1860D-16 of the
Social Security Act, not anticipated in budget estimates,
such sums as may be necessary.

program management

For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the Public Health Service Act (``PHS Act''), the
Clinical Laboratory Improvement Amendments of 1988, the
Patient Protection and Affordable Care Act, and the Health
Care and Education Reconciliation Act of 2010, not to exceed
$3,646,147,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary of Health and Human Services pursuant to section
302 of the Tax Relief and Health Care Act of 2006; and such
sums as may be collected from authorized user fees and the
sale of data, which shall be credited to this account and
remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited
to and available for carrying out the purposes of this
appropriation: Provided further, That $37,687,000, to remain
available through September 30, 2012, shall be for contract
costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That $9,120,000, to remain
available through September 30, 2012, shall be for the
Centers for Medicare and Medicaid Services (``CMS'') Medicare
contracting reform activities: Provided further, That
$50,000,000 shall be available for the State high risk health
insurance pool program as authorized by the State High Risk
Pool Funding Extension Act of 2006: Provided further, That
the Secretary is directed to collect fees in fiscal year 2011
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That $4,415,000 shall be used for the
projects, and in the amounts, specified under the heading
``Program Management'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).

health care fraud and abuse control account

In addition to amounts otherwise available for program
integrity and program management, $471,000,000, to remain
available through September 30, 2012, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$280,640,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage and the Medicare Prescription Drug Program
authorized in title XVIII of the Social Security Act and for
activities listed in section 1893 of such Act; of which
$79,657,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such
Act; of which $35,100,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program
integrity activities; and of which $75,603,000 shall be for
the Department of Justice to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act:
Provided, That the report required by section 1817(k)(5) of
the Social Security Act for fiscal year 2011 shall include
measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation.

Administration for Children and Families

payments to states for child support enforcement and family support
programs

For making 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, $2,482,814,000, to
remain available until expended; and for such purposes for
the first quarter of fiscal year 2012, $1,200,000,000, to
remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under
title IV-A of the Social Security Act before the effective
date of the program of Temporary Assistance for Needy
Families with respect to such State, such sums as may be
necessary: Provided, That the sum of the amounts available to
a State with respect to expenditures under such title IV-A in
fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the
limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
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, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.

low income home energy assistance

For making payments under subsections (b), (d), and (e) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $5,000,000,000, of which $4,509,672,000 shall be for
payments under subsections (b) and (d) of such section; and
of which $490,328,000 shall be for payments under subsection
(e) of such section, to be made notwithstanding the
designation requirements of such subsection: Provided, That
all but $839,792,000 of the amount provided in this Act for
subsections (b) and (d) shall be allocated as though the
total appropriation for such payments for fiscal year 2011
was less than $1,975,000,000: Provided further, That
notwithstanding section 2605(b)(2)(B)(ii) of such Act, a
State may use any amount of an allotment from prior
appropriations Acts that is available to that State for
providing assistance in fiscal year 2011, and any allotment
from funds appropriated in this Act or any other
appropriations Act for fiscal year 2011, to provide
assistance to households whose income does not exceed 75
percent of the State median income: Provided further, That
notwithstanding section 2609(A)(a), of the amounts
appropriated under section 2602(b), not more than $5,000,000
of such amounts may be reserved by the Secretary of Health
and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal
controls, policies, and procedures.

refugee and entrant assistance

For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and the Trafficking Victims Protection Act of
2000, for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the
Torture Victims Relief Act of 1998, $767,102,000, of which up
to $10,814,000 shall be available to carry out the
Trafficking Victims Protection Act of 2000: Provided, That
funds appropriated under this heading pursuant to section
414(a) of the Immigration and Nationality Act, section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, and the Trafficking Victims Protection Act of
2000 for fiscal year 2011 shall be available for the costs of
assistance provided and other activities to remain available
through September 30, 2013: Provided further, That amounts
available herein for refugee school impact grants under title
IV of the Immigration and Nationality Act shall also be
available for grants by the Secretary of Health and Human
Services to States for the purpose of assisting school
districts serving significant numbers of children who entered
the United States from Haiti during the period January 12,
2010 through May 31, 2010 and who are United States citizens
or Haitian nationals, to meet the educational and related
needs of such children.

payments to states for the child care and development block grant

For carrying out the Child Care and Development Block Grant
Act of 1990, $2,808,080,000 shall be used to supplement, not
supplant State general revenue funds for child care
assistance for low-income families: Provided, That
$23,224,000 shall be available for child care resource and
referral and school-aged child care activities, of which
$1,000,000 shall be for the Child Care Aware toll-free
hotline: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$358,292,000 shall be reserved by the States for activities
authorized under section 658G, of which $131,400,000 shall be
for activities that improve the quality of infant and toddler
care: Provided further, That $9,910,000 shall be for use by
the Secretary of Health and Human Services for child care
research, demonstration, and evaluation activities.

social services block grant

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX
of such Act shall be 10 percent.

[[Page 19999]]

children and families services programs

(including transfer of funds)

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, sections 310 and
316 of the Family Violence Prevention and Services Act, the
Native American Programs Act of 1974, title II of the Child
Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), the Abandoned Infants
Assistance Act of 1988, sections 261 and 291 of the Help
America Vote Act of 2002, part B-1 of title IV and sections
413, 1110, and 1115 of the Social Security Act; for making
payments under the Community Services Block Grant Act (``CSBG
Act''), sections 439(i), 473B, and 477(i) of the Social
Security Act, and the Assets for Independence Act; and for
necessary administrative expenses to carry out such Acts and
titles I, IV, V, X, XI, XIV, XVI, and XX of the Social
Security Act, the Act of July 5, 1960, the Low Income Home
Energy Assistance Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and section 505 of the Family Support
Act of 1988, $10,301,491,000, of which $42,000,000, to remain
available through September 30, 2012, shall be for grants to
States for adoption incentive payments, as authorized by
section 473A of the Social Security Act and may be made for
adoptions completed before September 30, 2011: Provided, That
$8,074,783,000 shall be for making payments under the Head
Start Act: Provided further, That for purposes of allocating
funds described by the immediately preceding proviso, the
following provisions shall apply: (1) the term ``base grant''
as used in section 640(a)(7)(A) of such Act with respect to
funding provided to a Head Start agency (including Early Head
Start) for fiscal year 2010 shall be deemed to include funds
appropriated in the American Recovery and Reinvestment Act of
2009 (``ARRA'') and 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; (2)
in subparagraph (C) of subsection (a)(2) of such section, the
phrase ``not less than 2.5 percent'' shall be deemed to read
``not less than 2.661 percent''; (3) the amount reserved
under subparagraph (C) of subsection (a)(2) of such section
shall be less than the amount that would be reserved under
such subparagraph absent this proviso by a sum of $5,131,935;
(4) the amount reserved under subparagraph (E) of subsection
(a)(2) of such section shall be more than the amount that
would be reserved under such subparagraph absent this proviso
by a sum of $15,000,000; (5) of all amounts reserved under
subparagraph (E) of subsection (a)(2) of such section, the
Secretary of Health and Human Services shall use an amount of
not less than $15,000,000 for the purpose of reducing fraud
and abuse in the Head Start (including Early Head Start)
program; (6) subsection (a)(3) of such section shall be
deemed to read as follows: ``From any amount remaining for a
fiscal year after the Secretary carries out paragraph (2),
the Secretary shall provide $10,000,000 for Indian Head Start
programs (including Early Head Start programs), and
$10,000,000 for migrant and seasonal Head Start programs, to
increase enrollment in the programs involved''; and (7) the
text of paragraph (4)(B)(i) of such section shall be deemed
to read as follows: ``Under the circumstances described in
clause (ii), from the balance, the Secretary shall reserve
remaining amounts, to be allotted to each Head Start agency
(including Early Head Start) in an amount that bears the same
ratio to such remaining amounts as the funds appropriated in
ARRA and provided to such agency for carrying out quality
improvement activities of Head Start programs, as that phrase
is used in paragraph (5) of this subsection (which funds
shall be referred to in this proviso as such agency's `ARRA
quality improvement funds') bear to the total of all such
agencies' ARRA quality improvement funds, to carry out such
quality improvement activities'': Provided further, That
$850,000,000 shall be for making payments under the CSBG Act,
of which $55,000,000 shall be for section 680(a)(2) of the
CSBG Act: Provided further, That not less than $10,000,000
shall be for section 680(a)(3)(B) of the CSBG Act: Provided
further, That in addition to amounts provided herein,
$5,762,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out the
provisions of section 1110 of the Social Security Act:
Provided further, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an
eligible entity as provided under the CSBG Act, and have not
been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary of Health and Human
Services shall establish procedures regarding the disposition
of intangible assets and program income that permit such
assets acquired with, and program income derived from, grant
funds authorized under section 680 of the CSBG Act to become
the sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any
activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such
grant funds made available after November 29, 1999: Provided
further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $17,410,000 shall be for activities
authorized by the Help America Vote Act of 2002, of which
$12,154,000 shall be for payments to States to promote access
for voters with disabilities, and of which $5,256,000 shall
be for payments to States for protection and advocacy systems
for voters with disabilities: Provided further, That
$2,000,000 shall be for a human services case management
system for federally declared disasters, to include a
comprehensive national case management contract and Federal
costs of administering the system: Provided further, That up
to $2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness: Provided further, That of the funds
appropriated under this heading, $1,500,000 shall be
transferred to the National Commission on Children and
Disasters to carry out title VI of division G of Public Law
110-161, and notwithstanding section 611(d)(1) of such title,
the National Commission on Children and Disasters shall
terminate on October 1, 2011: Provided further, That
$22,627,000 shall be used for the projects, and in the
amounts, as specified in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).

promoting safe and stable families

For carrying out section 436 of the Social Security Act,
$365,000,000 and section 437 of such Act, $63,311,000.

payments for foster care and permanency

For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, $5,366,000,000.
For making payments to States or other non-Federal entities
under title IV-E of the Social Security Act, for the first
quarter of fiscal year 2012, $1,850,000,000.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under
section 474 of title IV-E of the Social Security Act, for the
last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.

Administration on Aging

aging services programs

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), section 398 and title
XXIX of the Public Health Service Act (``PHS Act''), and
section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 and for necessary administrative
expenses to carry out title XVII of the PHS Act,
$1,633,078,000: Provided, That $3,500,000 shall be used for
the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That amounts under this heading shall be available
for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and
activities which have been demonstrated to the satisfaction
of the Secretary of Health and Human Services to be evidence-
based and effective: Provided further, That the total amount
available for fiscal year 2011 under this and any other Act,
to carry out activities relating to Aging and Disability
Resource Centers under subsections (a)(20)(B)(iii) and (b)(8)
of section 202 of the OAA, shall not exceed the amount
obligated for such purposes for fiscal year 2010 from funds
available under Public Law 111-117.

Office of the Secretary

general departmental management

(including transfer of funds)

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and
for carrying out titles III, IV, XVII, XX, XXI, and XXVII of
the Public Health Service Act (``PHS Act''), the United
States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act,
$574,149,000; of which $53,891,000 shall be for minority AIDS
prevention and treatment activities: Provided, That in
addition to amounts provided herein, $65,211,000 shall be
available from amounts available under section 241 of the PHS
Act to carry out national health or human services research
and evaluation activities, of which $4,455,000 shall be
available to carry out evaluations (including longitudinal
evaluations) of teenage pregnancy prevention approaches:
Provided further, That none of the funds made available under
this heading shall be available for carrying out activities
specified

[[Page 20000]]

under section 2003(b)(2) or (3) of title XX of the PHS Act:
Provided further, That of the funds made available under this
heading, $110,000,000 shall be for making competitive
contracts and grants to public and private entities to fund
medically accurate and age appropriate programs that reduce
teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not less than $75,000,000 shall be for replicating
programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk
factors underlying teenage pregnancy, or other associated
risk factors, of which not less than $25,000,000 shall be
available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy, and of which any
remaining amounts shall be available for training and
technical assistance, evaluation, outreach, and additional
program support activities: Provided further, That of the
funds made available under this heading, $7,000,000 shall be
available only to increase the Department's acquisition
workforce capacity and capabilities, and may be transferred
by the Secretary of Health and Human Services for that
purpose to any other account in the Department (in addition
to any other transfer authority provided in this Act):
Provided further, That funds available under the previous
proviso shall be used only to supplement and not to supplant
existing acquisition workforce activities and may be used for
training, recruitment, retention, and hiring additional
members of the acquisition workforce (as defined by the
Office of Federal Procurement Policy Act), for information
technology in support of acquisition workforce effectiveness,
or for activities to improve acquisition management: Provided
further, That $3,165,000 shall be used for the projects, and
in the amounts, specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).

office of medicare hearings and appeals

For expenses necessary for administrative law judges
responsible for hearing cases under title XVIII of the Social
Security Act (and related provisions of title XI of such
Act), $77,798,000, to be transferred in appropriate part from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.

office of the national coordinator for health information technology

For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $38,734,000: Provided, That in
addition to amounts provided herein, $31,108,000 shall be
available from amounts available under section 241 of the
Public Health Service Act.

office of inspector general

For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $60,754,000: Provided, That of
such amount, necessary sums shall be available for providing
protective services to the Secretary of Health and Human
Services and investigating non-payment of child support cases
for which non-payment is a Federal offense under 18 U.S.C.
228: Provided further, That at least 40 percent of the funds
provided in this Act for the Office of Inspector General
shall be used only for investigations, audits, and
evaluations pertaining to the discretionary programs funded
in this Act.

office for civil rights

For expenses necessary for the Office for Civil Rights,
$44,382,000.

retirement pay and medical benefits for commissioned officers

For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.

public health and social services emergency fund

(including transfer of funds)

For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $595,578,000; of
which $33,065,000 shall be to support preparedness and
emergency operations; of which $5,000,000, to support
expenses due to response efforts, shall remain available
until expended; and of which $10,000,000, to remain available
through September 30, 2012, shall be to support the delivery
of medical countermeasures: Provided, That of the amount made
available herein for the delivery of medical countermeasures,
up to $8,000,000 may be transferred to the U.S. Postal
Service to support delivery of medical countermeasures.
From funds transferred to this account pursuant to the
fourth paragraph under this heading in Public Law 111-117, up
to $476,194,000 shall be available for expenses necessary to
support advanced research and development pursuant to section
319L of the Public Health Service Act, and other
administrative expenses of the Biomedical Advanced Research
and Development Authority.
For expenses necessary to prepare for and respond to an
influenza pandemic, $65,000,000.
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, $35,000,000, to remain available until
expended.
From funds provided under this heading 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.
From funds provided without fiscal year limitation under
this heading in Public Law 111-32, $1,259,000,000 are
rescinded, to be derived only from those amounts which have
not yet been designated by the President as emergency funds.

General Provisions

Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary of Health and Human Services.
Sec. 202. The Secretary of Health and Human Services shall
make available through assignment not more than 60 employees
of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with
funds provided by the Agency for International Development,
the United Nations International Children's Emergency Fund or
the World Health Organization.
Sec. 203. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental
Health Services Administration shall be used to pay the
salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level I.
Sec. 204. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health
Service Act, except for funds specifically provided for in
this Act, or for other taps and assessments made by any
office located in the Department of Health and Human
Services, prior to the preparation and submission of a report
by the Secretary of Health and Human Services to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary of Health
and Human Services shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation
and effectiveness of such programs.

(transfer of funds)

Sec. 206. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That with respect to
appropriations in this Act for ``Health Resources and
Services'', ``Disease Control, Research, and Training'', and
``Substance Abuse and Mental Health Services'', no transfer
of funds under this section may decrease any individual
program, project, or activity by more than 1 percent or
increase any program, project, or activity by more than 3
percent: Provided further, That the transfer authority
granted by this section shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate shall be notified not less than 15 days in
advance of any transfer under this section, with such
notification to include an explanation of the effects of the
proposed transfer by program, project, and activity.

(transfer of funds)

Sec. 207. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes and
centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives

[[Page 20001]]

and the Senate are notified at least 15 days in advance of
any transfer.

(transfer of funds)

Sec. 208. Of the amounts made available in this Act for
the National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly
determined by the Director of the National Institutes of
Health and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the Public Health Service Act.
Sec. 209. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public
Health Service Act unless the applicant for the award
certifies to the Secretary of Health and Human Services that
it encourages family participation in the decision of minors
to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health
Service Act shall be exempt from any State law requiring
notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
of Health and Human Services denies participation in such
program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the
Secretary shall make appropriate prospective adjustments to
the capitation payment to such an entity (based on an
actuarially sound estimate of the expected costs of providing
the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the
Medicare program's coverage for such services and a Medicare
Advantage organization described in this section shall be
responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 212. In order for the Department of Health and Human
Services to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2011:
(1) The Secretary of Health and Human Services may exercise
authority equivalent to that available to the Secretary of
State in section 2(c) of the State Department Basic
Authorities Act of 1956. The Secretary of Health and Human
Services shall consult with the Secretary of State and
relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 and other
applicable statutes administered by the Department of State.
(2) The Secretary of Health and Human Services is
authorized to provide such funds by advance or reimbursement
to the Secretary of State as may be necessary to pay the
costs of acquisition, lease, alteration, renovation, and
management of facilities outside of the United States for the
use of the Department of Health and Human Services. The
Department of State shall cooperate fully with the Secretary
of Health and Human Services to ensure that the Department of
Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary of
Health and Human Services is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary of Health and Human Services is
authorized to provide to personnel appointed or assigned by
the Secretary to serve abroad, allowances and benefits
similar to those provided under chapter 9 of title I of the
Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary.
The Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the
amount of the locality-based comparability payment (stated as
a percentage) that would be payable to such personnel under
section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this
subsection shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to
individuals serving in the Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health (``Director'') may use funds available under section
402(b)(7) or 402(b)(12) of the Public Health Service Act
(``PHS Act'') to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out
research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities
described in such section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 214. Funds which are available for Individual
Learning Accounts for employees of the Centers for Disease
Control and Prevention (``CDC'') and the Agency for Toxic
Substances and Disease Registry (``ATSDR'') may be
transferred to ``Disease Control, Research, and Training'',
to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual
full-time equivalent employee while such employee is employed
either by CDC or ATSDR.
Sec. 215. Not to exceed $35,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $2,500,000 per project.

(transfer of funds)

Sec. 216. Of the amounts made available for the National
Institutes of Health, 1 percent of the amount made available
for National Research Service Awards (``NRSA'') shall be made
available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in
primary medical care to individuals affiliated with entities
who have received grants or contracts under section 747 of
the Public Health Service Act, and 1 percent of the amount
made available for NRSA shall be made available to the
Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 217. Henceforth, no funds appropriated for a fiscal
year in this or any other or any subsequent Act shall be
subject to the allocation requirements of section 1707A(e) of
the Public Health Service Act.
Sec. 218. (a) In General.--The Health Education Assistance
Loan (``HEAL'') program under title VII, part A, subpart I of
the Public Health Service Act, and the authority to
administer such program, including servicing, collecting, and
enforcing any loans that were made under such program that
remain outstanding, shall be permanently transferred from the
Secretary of Health and Human Services to the Secretary of
Education.
(b) Transfer of Functions, Assets, and Liabilities.--The
functions, assets, and liabilities of the Secretary of Health
and Human Services relating to such program shall be
transferred to the Secretary of Education.
(c) Use of Authorities Under Higher Education Act of
1965.--In servicing, collecting, and enforcing the loans
described in subsection (a), the Secretary of Education shall
have available any and all authorities available to such
Secretary in servicing, collecting, or enforcing a loan made,
insured, or guaranteed under part B of title IV of the Higher
Education Act of 1965.
Sec. 219. Henceforth, no funds appropriated in an
appropriations Act for fiscal year 2011, or in any previous
or subsequent appropriations Act, shall be available for
transfer under section 274 of the Public Health Service Act.

(transfer of funds)

Sec. 220. In addition to any other transfer authority
provided by this Act, the Director of the National Institutes
of Health may transfer funds under the authority granted in
section 402A(d) of the Public Health Service Act, if the
Committees on Appropriations of the House of Representatives
and the Senate are notified not less than 15 days in advance
of any such transfer.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2011''.

TITLE III

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA''), section 307 of this Act and
section 418A of the Higher Education Act of 1965,
$16,387,212,000, of which $5,453,056,000 shall become
available on July 1, 2011, and shall remain available through
September 30, 2012,

[[Page 20002]]

and of which $10,841,176,000 shall become available on
October 1, 2011, and shall remain available through September
30, 2012, for academic year 2011-2012: Provided, That
$6,597,946,000 shall be for basic grants under section 1124
of the ESEA: Provided further, That up to $4,000,000 of these
funds shall be available to the Secretary of Education on
October 1, 2010, to obtain annually updated local
educational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $1,365,031,000 shall be
for concentration grants under section 1124A of the ESEA:
Provided further, That $3,409,712,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,409,712,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further,
That $300,000,000 shall be available to carry out section 307
of this Act: Provided further, That $8,167,000 shall be to
carry out sections 1501 and 1503 of the ESEA: Provided
further, That $545,633,000 shall be available for school
improvement grants under section 1003(g) of the ESEA, which
shall be allocated by the Secretary through the formula
described in section 1003(g)(2) and shall be used consistent
with the requirements of section 1003(g), except that State
and local educational agencies may use such funds, and funds
appropriated for section 1003(g) under the American Recovery
and Reinvestment Act of 2009 (``ARRA''), to serve any school
eligible to receive assistance under part A of title I that
has not made adequate yearly progress for at least 2 years or
is in the State's lowest quintile of performance based on
proficiency rates and, in the case of secondary schools,
notwithstanding the eligibility requirements under section
1003(g) of the ESEA, high schools with a graduation rate
below 60 percent and their low-performing feeder middle
schools irrespective of the eligibility of such middle and
high schools to receive assistance under part A of title I of
the ESEA: Provided further, That the grants provided in
accordance with the previous proviso shall not be subject to
the requirement published by the Secretary in the Federal
Register on October 28, 2010 (75 Fed. Reg. 66368) that a
local educational agency that has 9 or more tier I and tier
II schools not implement the transformation model in more
than 50 percent of those schools: Provided further, That each
State educational agency shall ensure that the greater of 40
percent of its allocation under section 1003(g) of the ESEA,
or the amount that bears the same relationship to the State's
allocation under such section as the sum of the number of
students attending high schools with a graduation rate of
less than 60 percent and the number of students attending
their low-performing feeder middle schools bears to the total
number of students attending schools in the State classified
as tier I under the final requirements set forth in 75
Federal Register 66365 (October 28, 2010), as in effect on
the date of enactment of this Act, is spent on improvement
activities in such middle schools and high schools, unless
the State educational agency determines that all such middle
schools and high schools can be served with a lesser amount:
Provided further, That notwithstanding section 1003(g)(5)(A),
each State educational agency may establish a maximum
subgrant size of not more than $2,000,000 for each
participating school applicable to such funds: Provided
further, That $225,000,000 shall be available under section
1502 of the ESEA for a comprehensive literacy development and
education program to advance literacy skills, including pre-
literacy skills, reading, and writing, for students from
birth through grade 12, including limited-English-proficient
students and students with disabilities, of which one-half of
1 percent shall be reserved for the Secretary of the Interior
for such a program at schools funded by the Bureau of Indian
Education, one-half of 1 percent shall be reserved for grants
to the outlying areas for such a program, up to $21,000,000
may be used to continue the initiative on adolescent
literacy, $10,000,000 shall be reserved for formula grants to
States based on each State's relative share of funds under
part A of title I of the ESEA for fiscal year 2010 except
that no State shall receive less than $150,000, to establish
or support a State Literacy Team with expertise in literacy
development and education for children from birth through
grade 12 to assist the State in developing a comprehensive
literacy plan, up to 5 percent may be reserved for national
activities, and the remainder shall be used to award
competitive grants to State educational agencies for such a
program, of which a State educational agency may reserve up
to 5 percent for State leadership activities, including
technical assistance and training, data collection,
reporting, and administration, and shall subgrant not less
than 95 percent to local educational agencies or, in the case
of early literacy, to local educational agencies or other
nonprofit providers of early childhood education that partner
with a public or private nonprofit organization or agency
with a demonstrated record of effectiveness in improving the
early literacy development of children from birth through
kindergarten entry and in providing professional development
in early literacy, giving priority to such agencies or other
entities serving greater numbers or percentages of
disadvantaged children: Provided further, That the State
educational agency shall ensure that at least 15 percent of
the subgranted funds are used to serve children from birth
through age 5, 40 percent are used to serve students in
kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an
equitable distribution of funds between middle and high
schools: Provided further, That eligible entities receiving
subgrants from State educational agencies shall use such
funds for services and activities that have the
characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and
other research-based methods of improving classroom
instruction and practice.

Impact Aid

For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965,
$1,298,581,000, of which $1,153,000,000 shall be for basic
support payments under section 8003(b), $50,000,000 shall be
for payments for children with disabilities under section
8003(d), $18,509,000 shall be for construction under section
8007(b) and shall remain available through September 30,
2012, $72,208,000 shall be for Federal property payments
under section 8002, and $4,864,000, to remain available until
expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under
section 8003(a) for school year 2010-2011, children enrolled
in a school of such agency that would otherwise be eligible
for payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a
parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children
reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section,
provided such students remain in average daily attendance at
a school in the same local educational agency they attended
prior to their change in eligibility status: Provided
further, That for the purpose of determining eligibility for
housing claimed under section 8003(a)(4) of such Act, the
Secretary of the applicable Federal agency shall for fiscal
years 2007, 2008, 2009, and 2010 deem eligible all unoccupied
housing identified to be demolished as certified by the
designated representative of the Secretary of the applicable
Federal agency, notwithstanding the availability of funds
designated for the project being demolished for a period not
to exceed 3 years: Provided further, That the Secretary of
Education shall deem each local educational agency that
received a fiscal year 2009 basic support payment for heavily
impacted local educational agencies under section 8003(b)(2)
of such Act as eligible to receive fiscal year 2010 and 2011
basic support payments for heavily impacted local educational
agencies under such section and make a payment to such local
educational agency under such section for fiscal years 2010
and 2011.

School Improvement Programs

For carrying out school improvement activities authorized
by parts A, B, and D of title II, part B of title IV, subpart
9 of part D of title V, parts A and B of title VI, and parts
B and C of title VII of the Elementary and Secondary
Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; part Z of title VIII of the Higher
Education Act (``HEA''); and the Civil Rights Act of 1964,
$5,289,062,000, of which $5,000,000 shall become available on
October 1, 2010 and remain available through September 30,
2011, $3,450,817,000 shall become available on July 1, 2011,
and remain available through September 30, 2012, and of which
$1,681,441,000 shall become available on October 1, 2011, and
shall remain available through September 30, 2012, for
academic year 2011-2012: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary
school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further,
That from the funds referred to in the preceding proviso, not
less than $1,500,000 shall be for a grant to the Department
of Education of the State of Hawaii for the activities
described in such proviso and $1,500,000 shall be for a grant
to the University of Hawaii School of Law for a Center of
Excellence in Native Hawaiian law: Provided further, That
from the funds referred to in the second preceding proviso,
$500,000 shall be for part Z of title VIII of the HEA:
Provided further, That funds made available to carry out part
C of title VII of the ESEA may be used for construction:
Provided further, That up to 100 percent of the funds
available to a State educational agency under part D of title
II of the ESEA may be used for subgrants described in section

[[Page 20003]]

2412(a)(2)(B) of such Act: Provided further, That funds made
available under this heading for section 2421 of the ESEA may
be used for activities authorized under section 802 of the
Higher Education Opportunity Act: Provided further, That
State educational agencies may subgrant funds available under
part B of title IV of the ESEA for expanded-learning-time
programs that significantly increase the number of hours in a
regular school schedule and comprehensively redesign the
school schedule: Provided further, That such expanded-
learning-time programs shall provide additional learning time
in the core academic and other subjects, and include
enrichment activities: Provided further, That such after-
school or expanded-learning-time programs shall include
strong partnerships between schools and community partners:
Provided further, That in implementing the program under part
B of title IV of the ESEA, State educational agencies and the
United States Department of Education shall not give priority
or preference regarding the choice to use funds for expanded-
learning-time or after-school programs: Provided further,
That $31,570,000 shall be available to carry out section 203
of the Educational Technical Assistance Act of 2002: Provided
further, That $26,928,000 shall be available to carry out
part D of title V of the ESEA: Provided further, That no
funds appropriated under this heading may be used to carry
out section 5494 under the ESEA: Provided further, That
$17,687,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided
further, That up to 5 percent of these amounts may be
reserved by the Federated States of Micronesia and the
Republic of the Marshall Islands to administer the
Supplemental Education Grants programs and to obtain
technical assistance, oversight and consultancy services in
the administration of these grants and to reimburse the
United States Departments of Labor, Health and Human
Services, and Education for such services: Provided further,
That up to $11,500,000 of the funds available for the Foreign
Language Assistance Program shall be available for 5-year
grants to local educational agencies that would work in
partnership with one or more institutions of higher education
to establish or expand articulated programs of study in
languages critical to United States national security that
will enable successful students to advance from elementary
school through college to achieve a superior level of
proficiency in those languages: Provided further, That of the
funds available for section 2103(a) of the ESEA, $5,000,000
shall be available to continue a national school leadership
partnership initiative and up to $5,000,000 may be used to
carry out a national teacher recruitment campaign.

Indian Education

For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $130,282,000.

Innovation and Improvement

For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V, and section 1504 of the Elementary
and Secondary Education Act of 1965 (``ESEA''), sections
14006 and 14007 of division A of the American Recovery and
Reinvestment Act of 2009, and by parts A and F of title VIII
of the Higher Education Act of 1965 (``HEA''),
$1,974,013,000, of which $550,000,000 shall become available
on July 1, 2011 and shall remain available through September
30, 2012: Provided, That the Secretary of Education may use
not more than $550,000,000 for section 14006 of division A of
the American Recovery and Reinvestment Act of 2009 to make
awards to States in accordance with the applicable
requirements of that section: Provided further, That the
Secretary may use $224,000,000 for section 14007 of division
A of the American Recovery and Reinvestment Act of 2009 to
make awards in accordance with applicable requirements of
that section: Provided further, That $10,649,000 shall be
provided to the National Board for Professional Teaching
Standards to carry out section 2151(c) of the ESEA: Provided
further, That from funds for subpart 4, part C of title II of
the ESEA, up to 3 percent shall be available to the Secretary
for technical assistance and dissemination of information:
Provided further, That $505,759,000 shall be available to
carry out part D of title V of the ESEA and $9,000,000 shall
be available to carry out part A of title VIII of the HEA:
Provided further, That $65,372,000 shall be used for the
projects, and in the amounts, as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
$300,000,000 of the funds for subpart 1 of part D of title V
of the ESEA shall be for competitive grants to local
educational agencies, including charter schools that are
local educational agencies, or States, or partnerships of:
(1) a local educational agency, a State, or both; and (2) at
least one non-profit organization to develop and implement
performance-based compensation systems for teachers,
principals, and other personnel in high-need schools:
Provided further, That such performance-based compensation
systems must consider gains in student academic achievement
as well as classroom evaluations conducted multiple times
during each school year among other factors and provide
educators with incentives to take on additional
responsibilities and leadership roles: Provided further, That
recipients of such grants may use such funds to develop or
improve systems and tools (which may be developed and used
for the entire local educational agency or only for schools
served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality
teacher evaluations and tools to measure growth in student
achievement: Provided further, That applications for such
grants shall include a plan to sustain financially the
activities conducted and systems developed under the grant
once the grant period has expired: Provided further, That up
to 5 percent of such funds for competitive grants shall be
available for technical assistance, training, peer review of
applications, program outreach and evaluation activities:
Provided further, That recipients of such grants shall
demonstrate that such performance-based systems are developed
collaboratively with teachers and school leaders and their
representative organizations in the schools and local
educational agencies to be served by the grant and that at
least 60 percent of teachers in the local educational agency
who would be affected by the performance-based compensation
system vote affirmatively for the system before it may be
implemented by the local educational agency, and in the case
of a local educational agency in which there is no exclusive
majority teacher representative, the recipient of such grant
shall certify that at least 60 percent of the teachers in the
local educational agency who would be affected by the system
have voted affirmatively to adopt the system: Provided
further, That recipients of such grants must demonstrate how
opportunities for professional development and collaboration
among teachers directly support the system and allow
teachers, other instructional staff, and principals to
acquire and demonstrate the research-based skills necessary
to improve their practice and student achievement: Provided
further, That of the funds available for part B of title V of
the ESEA, the Secretary shall not use less than $23,031,000
to carry out activities under section 5205(b) and under
subpart 2: Provided further, That of the funds available for
subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary may reserve up
to $50,000,000 to make multiple awards to non-profit charter
management organizations and other entities that are not for-
profit entities for the replication and expansion of
successful charter school models: Provided further, That the
Secretary shall reserve $15,000,000 to carry out the
activities described in section 5205(a), of which $5,000,000
shall be reserved to support activities to strengthen charter
school authorizing by providing technical assistance and
grants to authorized public chartering agencies in order to
increase the number of high-performing charter schools and to
improve quality and oversight of such schools through these
agencies' use of nationally-accepted standards for quality
charter school authorizing: Provided further, That the funds
referenced in the preceding proviso shall not be obligated
prior to submission of a report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds: Provided further,
That new awards under section 5202 of the ESEA shall only be
provided to a State that has in place a system for ensuring
the quality of its authorized public chartering agencies that
(1) makes student academic achievement for all groups of
students described in section 1111(b)(2)(C)(v) of ESEA a
primary factor in charter renewal decisions; (2) requires
each public chartering agency to annually report to the
State, and make publicly available, (a) an independently
audited financial statement for each charter school
authorized by the agency, (b) the academic performance of
each charter school, disaggregated and reported in accordance
with section 1111(h)(1)(C)(i) of ESEA and (c) the legally
binding performance contract with each of its charter schools
that describes the rights, duties, and remedies available to
the school and the public chartering agency, and the date on
which the charter is up for renewal; and (3) provides for
intervention, revocation, or closure of the public chartering
agencies and charter schools that fail to meet the standards
and procedures established in such State system: Provided
further, That each application submitted pursuant to section
5203(a) shall describe a plan to monitor and hold accountable
authorized public chartering agencies through such activities
as providing technical assistance or establishing a
professional development program, which may include planning,
training and systems development for staff of authorized
public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold
accountable charter schools.

Safe Schools and Citizenship Education

For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 1, 2, and 10
of part D of title V of the Elementary and Secondary
Education Act of 1965 (``ESEA''), $458,553,000, of

[[Page 20004]]

which $60,000,000 for Promise Neighborhoods shall become
available on October 1, 2010 and remain available through
September 30, 2012: Provided, That $217,053,000 shall be
available for subpart 2 of part A of title IV: Provided
further, That $195,000,000 shall be available to carry out
part D of title V: Provided further, That $46,500,000 shall
be available to carry out subpart 3 of part C of title II of
the ESEA, of which $13,383,000 shall be used to carry out
section 2345 of the ESEA; $19,617,000 shall be used to carry
out section 2344 (including $2,957,000 for the Center for
Civic Education to implement a comprehensive, joint program
to improve public knowledge, understanding, and support of
the Congress and the State legislatures); $2,000,000 shall be
awarded to the Center on Congress at Indiana University to
support a joint initiative with iCivics; and the remainder of
the funds available to carry out subpart 3 of part C of title
II of the ESEA shall be available to the Secretary of
Education for competitive grants to nonprofit organizations
that have demonstrated effectiveness in the development and
implementation of civic learning programs, with priority for
those programs that demonstrate innovation, scalability,
accountability, and a focus on underserved populations.

English Language Acquisition

For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $775,000,000, which shall
become available on July 1, 2011, and shall remain available
through September 30, 2012, except that 6.5 percent of such
amount shall be available on October 1, 2010, and shall
remain available through September 30, 2012, to carry out
activities under section 3111(c)(1)(C): Provided, That the
Secretary of Education may use estimates of the American
Community Survey child counts for the most recent 3-year
period available to calculate allocations under such part.

Special Education

For carrying out the Individuals with Disabilities
Education Act (``IDEA'') and the Special Olympics Sport and
Empowerment Act of 2004, $12,889,940,000, of which
$4,016,354,000 shall become available on July 1, 2011, and
shall remain available through September 30, 2012, and of
which $8,592,383,000 shall become available on October 1,
2011, and shall remain available through September 30, 2012,
for academic year 2011-2012: Provided, That $13,250,000 shall
be for Recording for the Blind and Dyslexic, Inc., to support
the development, production, and circulation of accessible
educational materials: Provided further, That $737,000 shall
be for the recipient of funds provided by Public Law 105-78
under section 687(b)(2)(G) of the IDEA (as in effect prior to
the enactment of the Individuals with Disabilities Education
Improvement Act of 2004) to provide information on diagnosis,
intervention, and teaching strategies for children with
disabilities: Provided further, That the amount for section
611(b)(2) of the IDEA shall be equal to the lesser of the
amount available for that activity during fiscal year 2010,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the IDEA, or the percent change in the funds
appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2010:
Provided further, That funds made available for the Special
Olympics Sport and Empowerment Act of 2004 may be used to
support expenses associated with the Special Olympics
National and World games: Provided further, That $10,000,000
shall be for Best Buddies International, Inc. to increase the
participation of people with intellectual disabilities in
social relationships and other aspects of community life,
including education and employment, within the United States.

Rehabilitation Services and Disability Research

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act,
$3,535,639,000: Provided, That $2,100,000 shall be used for
the projects, and in the amounts, specified under the heading
``Rehabilitation Services and Disability Research'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That, of the amounts provided under this heading,
$27,000,000 shall remain available through September 30,
2012, and shall be available under title II of the
Rehabilitation Act to the Secretary of Education in
cooperation with the Secretary of Labor and, as appropriate,
other heads of departments and agencies, to identify and
validate innovative strategies or replicate effective
evidence-based strategies, including strategies that align
and strengthen the workforce investment system in order to
improve program delivery and employment and education
outcomes for individuals with disabilities.

Special Institutions for Persons With Disabilities

american printing house for the blind

For carrying out the Act of March 3, 1879, $24,600,000.

national technical institute for the deaf

For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$65,677,000, of which $240,000 shall be for construction and
shall remain available until expended: Provided, That from
the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.

gallaudet university

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $123,000,000, of which $5,000,000
shall be for construction and shall remain available until
expended: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.

Career, Technical, and Adult Education

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006,
the Adult Education and Family Literacy Act (``AEFLA''), and
title VIII-D of the Higher Education Amendments of 1998,
$1,922,541,000, of which $1,131,541,000 shall become
available on July 1, 2011, and shall remain available through
September 30, 2012, and of which $791,000,000 shall become
available on October 1, 2011, and shall remain available
through September 30, 2012: Provided, That of the amount
provided for Adult Education State Grants, $75,000,000 shall
be made available for integrated English literacy and civics
education services to immigrants and other limited English
proficient populations: Provided further, That of the amount
reserved for integrated English literacy and civics
education, notwithstanding section 211 of the AEFLA, 65
percent shall be allocated to States based on a State's
absolute need as determined by calculating each State's share
of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal
permanent residence for the 10 most recent years, and 35
percent allocated to States that experienced growth as
measured by the average of the 3 most recent years for which
United States Citizenship and Immigration Services data for
immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount
less than $60,000: Provided further, That of the amounts made
available for AEFLA, $36,346,000 shall be for national
leadership activities under section 243 and, of that amount,
$25,000,000 shall be available to the Secretary of Education
in cooperation with the Secretary of Labor and, as
appropriate, other heads of departments and agencies, to
identify and validate innovative strategies or replicate
effective evidence-based strategies, including strategies
that align and strengthen the workforce investment system, in
order to improve program delivery and education and
employment outcomes for program beneficiaries.

Student Financial Assistance

(including rescission of funds)

For carrying out subparts 1 and 3 of part A, and part C of
title IV of the Higher Education Act of 1965,
$24,899,957,000, which shall remain available through
September 30, 2012.
The maximum Pell Grant for which a student shall be
eligible during award year 2011-2012 shall be $4,860.
Of the funds made available under section 401A(e)(1)(E) of
the Higher Education Act of 1965, $617,000,000 are rescinded.

Student Aid Administration

For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 4, 9, and 10 of part A, and parts
B, C, D, and E of title IV of the Higher Education Act of
1965 (``HEA''), $1,011,491,000, which shall remain available
through September 30, 2012: Provided, That of this amount,
not more than $341,866,000 shall be available for loan
servicing contracts as defined by section 456 of the HEA,
unless the Secretary determines that an additional amount is
necessary for this purpose (within the funds available under
this heading) and notifies the Committees on Appropriations
of the House of Representatives and the Senate of that
determination.

Higher Education

For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the Higher
Education Act of 1965 (``HEA''), section 1543 of the Higher
Education Amendments of 1992, the Mutual Educational and
Cultural Exchange Act of 1961 and section 117 of the Carl D.
Perkins Career and Technical Education Act of 2006,
$2,269,557,000: Provided, That $9,687,000, 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 HEA, under the terms and
conditions of such subpart 1: Provided further, That $609,000
shall be for data collection and evaluation activities for
programs under the HEA, including such activities needed to
comply with the Government Performance and Results Act of
1993: Provided further, That notwithstanding any other
provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used

[[Page 20005]]

to support visits and study in foreign countries by
individuals who are participating in advanced foreign
language training and international studies in areas that are
vital to United States national security and who plan to
apply their language skills and knowledge of these countries
in the fields of government, the professions, or
international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent
may be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That,
of the funds appropriated under this heading, not less than
$2,000,000 shall be made available for the Department of
Education to expand study abroad, pursuant to section 604(b)
of the HEA and that the Secretary of Education may waive
limitations of grants to awardees under 604(c)(2) of that
Act: Provided further, That, of the funds referred to in the
preceding proviso, notwithstanding section 635 of the HEA,
the Secretary may use up to 10 percent of available funds for
program administration including national outreach and
evaluation: Provided further, That notwithstanding any other
provision of law, a recipient of a multi-year award under
section 316 of the HEA, as that section was in effect prior
to the date of enactment of the Higher Education Opportunity
Act (``HEOA''), that would have otherwise received a
continuation award for fiscal year 2011 under that section,
shall receive under section 316, as amended by the HEOA, not
less than the amount that such recipient would have received
under such a continuation award: Provided further, That the
portion of the funds received under section 316 by a
recipient described in the preceding proviso that is equal to
the amount of such continuation award shall be used in
accordance with the terms of such continuation award:
Provided further, That $70,746,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
$1,750,000 shall be used for the programs specified under the
``Fund for the Improvement of Post Secondary Education'' in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That notwithstanding section 721(c) of the
HEA, funds to carry out the Thurgood Marshall Legal Education
Opportunity Program under section 721 shall be awarded
competitively, and any recipient shall be authorized to award
subcontracts and subgrants under section 721(f).

Howard University

For partial support of Howard University, $234,977,000, of
which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.

College Housing and Academic Facilities Loans Program

For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the Higher Education Act of 1965, $461,000.

Historically Black College and University Capital Financing Program
Account

For the cost of guaranteed loans, $20,228,000, as
authorized pursuant to part D of title III of the Higher
Education Act of 1965 (``HEA''): Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $279,393,000: Provided further,
That these funds may be used to support loans to public and
private historically Black colleges and universities without
regard to the limitations within paragraphs (1) and (2) of
section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $354,000.

Institute of Education Sciences

For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$692,206,000, to remain available through September 30, 2012:
Provided, That funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for
Statewide data systems that include postsecondary and
workforce information and information on children of all
ages: Provided further, That up to $10,000,000 of the funds
available to carry out section 208 of the Educational
Technical Assistance Act may be used for State data
coordinators and for awards to public or private
organizations or agencies to improve data coordination,
quality, and use: Provided further, That notwithstanding
section 174(d) and (e) of the Education Sciences Reform Act
of 2002, $69,650,000 may be used to continue the contracts
for the Regional Educational Laboratories for one additional
year: Provided further, That $2,200,000 of the amount made
available under this heading shall be provided to the
National Academy of Sciences not later than 30 days after
enactment of this Act for a study on teacher evaluation
methods and their uses in systems of educational
accountability, as described in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).

Departmental Management

program administration

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $479,875,100, of which
$19,275,000, to remain available until expended, shall be for
relocation of, and renovation of buildings occupied by,
Department staff: Provided, That of the funds made available
under this heading, $2,696,100 shall be available only to
increase the Department's acquisition workforce capacity and
capabilities, and may be transferred by the Secretary of
Education for that purpose to any other account within the
Department (in addition to any other transfer authority
provided in this Act): Provided further, That funds available
under the previous proviso shall be used only to supplement
and not to supplant existing acquisition workforce activities
and may be used for training, recruitment, retention, and
hiring additional members of the acquisition workforce (as
defined in the Office of Federal Procurement Policy Act), for
information technology in support of acquisition workforce
effectiveness, or for activities to improve acquisition
management.

office for civil rights

For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $105,700,000.

office of the inspector general

For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $65,238,000.

General Provisions

Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.

(transfer of funds)

Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer under this section,
with such notification to include an explanation of the
effects of the proposed transfer by program, project, and
activity.
Sec. 305. The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under
part A of title V of the Elementary and Secondary Education
Act.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2011''
for ``2010''.
Sec. 307. (a) In General.--The Secretary of Education shall
establish an Early Learning Challenge Fund to award
competitive grants to States that propose to provide an
integrated system of high-quality early learning programs and
services and to develop, implement or advance a statewide
quality rating and improvement system for early learning
programs. The Secretary of Education shall be responsible for
obligating and disbursing funds and ensuring compliance with
applicable laws and administrative requirements

[[Page 20006]]

with regard to this program, and shall administer it jointly
with the Secretary of Health and Human Services on such terms
as such secretaries shall set forth in an interagency
agreement.
(b) State Applications.--In order to be considered for a
grant under this section, a State's application shall include
a plan that includes the following--
(1) A description of the quantifiable goals and benchmarks
that the State will establish to demonstrate that receiving a
grant under this section will lead to a greater number and
percentage of low-income and disadvantaged children in each
age group of infants, toddlers, and preschoolers enrolled in
high-quality early learning programs, and an increase in the
number of high-quality early learning programs in low-income
communities.
(2) A description of how the State will implement a
governance structure and an integrated system of high-quality
early learning programs and services that includes the
following components--
(A) State early learning standards and program quality
standards;
(B) A tiered program quality rating and improvement system;
(C) A comprehensive plan that promotes nutrition and
wellness for children in early learning programs;
(D) A comprehensive plan for supporting professional
preparation and the ongoing professional development of an
effective, well-compensated early learning workforce; and
(E) Strategies to ensure the active engagement of parents
and families in the learning and development of their
children including their understanding of the State's quality
rating and improvement system.
(3) An assurance that the State will continue to
participate in section 619 of part B and part C of the
Individuals with Disabilities Education Act for the duration
of the grant.
(4) An assurance that grant funds received will be used
only to supplement, and not supplant, Federal, State, and
local funds otherwise available to support early learning
programs and services.
(5) An assurance that for each fiscal year for which a
State receives funds under this section the expenditures by
the State on early learning programs for such fiscal year
shall not be less than the level of expenditures for such
programs for fiscal year 2011.
(c) Criteria Used in Awarding Grants.--In awarding grants
to States under this section, the Secretary shall evaluate
applications and award grants under such section on a
competitive basis based on--
(1) The quality of the application submitted;
(2) Evidence of significant progress in establishing and
committing to maintain a high-quality system of early
learning for children that integrates the components
described in section (b)(2); and
(3) The State's capacity to fully implement such system.
(d) State Uses of Funds.--A State receiving a grant under
this section shall use the grant (and may make subgrants) to
develop and enhance the components of the high-quality early
learning system described in subsection (b)(2) to improve the
quality of early learning programs and services serving
disadvantaged children.
(e) Reservations of Federal Funds.--The Secretary shall
reserve not more than 2 percent to administer this section
jointly with the Secretary of Health and Human Services for
expenses of both agencies.
(f) Authorization of Appropriations.--There is authorized
to be appropriated, $300,000,000 to carry out this section in
fiscal year 2011.
Sec. 308. (a) Section 206 of the Department of Education
Organization Act (20 U.S.C. 3416) is amended--
(1) by striking out the heading and inserting ``Office of
Career, Technical, and Adult Education'';
(2) by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and
Adult Education'';
(3) by striking out ``Assistant Secretary for Vocational
and Adult Education'' and inserting ``Assistant Secretary for
Career, Technical, and Adult Education''; and
(4) by striking out ``vocational and adult education'' each
place it appears and inserting ``career, technical, and adult
education''.
(b) Section 202 of the Department of Education Organization
Act (20 U.S.C. 3412) is amended--
(1) in subsection (b)(1)(C), by striking out ``Assistant
Secretary for Vocational and Adult Education'' and inserting
``Assistant Secretary for Career, Technical, and Adult
Education''; and
(2) in subsection (h), by striking out ``Assistant
Secretary for Vocational and Adult Education'' each place it
appears and inserting ``Assistant Secretary for Career,
Technical, and Adult Education''.
(c) Section 1 of the Department of Education Organization
Act (20 U.S.C. 3401 note) is amended by striking out the
entry for section 206 and inserting ``Sec. 206. Office of
Career, Technical, and Adult Education.''.
(d) Section 114(b)(1) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2324(b)(1)) is
amended by striking out ``Office of Vocational and Adult
Education'' and inserting ``Office of Career, Technical, and
Adult Education''.
Sec. 309. Section 8002(i)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(i)(1)) is
amended--
(1) by striking ``(not to exceed the amount equal to the
difference between (A) the amount appropriated to carry out
this section for fiscal year 1997 and (B) the amount
appropriated to carry out this section for fiscal year
1996)''; and
(2) by striking ``50 percent'' and inserting ``25
percent''.
Sec. 310. (a) A ``highly qualified teacher'' includes a
teacher who meets the requirements in 34 C.F.R.
200.56(a)(2)(ii), as published in the Federal Register on
December 2, 2002.
(b) This provision is effective on the date of enactment of
this Act through the end of the 2012-2013 academic year.
This title may be cited as the ``Department of Education
Appropriations Act, 2011''.

TITLE IV

RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

salaries and expenses

For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established by
Public Law 92-28, $5,771,000.

Corporation for National and Community Service

operating expenses

For necessary expenses for the Corporation for National and
Community Service (``the Corporation'') to carry out the
Domestic Volunteer Service Act of 1973 (``1973 Act'') and the
National and Community Service Act of 1990 (``1990 Act''),
$941,983,000, of which $331,100,000 shall be to carry out the
1973 Act and $610,883,000 shall be to carry out the 1990 Act
and notwithstanding sections 198B(b)(3), 198S(g), and
501(a)(4)(C) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program
grant funds may be used to defray the costs of conducting
grant application reviews, including the use of outside peer
reviewers and electronic management of the grants cycle; (2)
$5,000,000 shall be available for expenses authorized under
501(a)(4)(F)(ii) of the 1990 Act, which, notwithstanding any
other provision of law, shall be awarded by the Corporation
on a competitive basis to State Commissions; (3) $7,500,000
shall be available for expenses to carry out sections 112(e),
179A, and 198O and subtitle J of title I of the 1990 Act,
notwithstanding section 501(a)(6) of the 1990 Act; (4)
$6,000,000 shall be available for grants to public or private
nonprofit institutions to increase the participation of
individuals with disabilities in national service and for
demonstration activities in furtherance of this purpose,
notwithstanding section 129(k)(1) of the 1990 Act; (5)
$18,000,000 shall be available to provide assistance to State
commissions on national and community service under section
126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; and (6) $60,000,000 shall be
available for expenses authorized under section 501(a)(4)(E)
of the 1990 Act.

national service trust

(including transfer of funds)

For necessary expenses for the National Service Trust
established under subtitle D of title I of the National and
Community Service Act of 1990 (``1990 Act''), $254,856,000,
to remain available until expended: Provided, That the
Corporation for National and Community Service may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That
amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).

salaries and expenses

For necessary expenses of administration as provided under
section 501(a)(5) of the National and Community Service Act
of 1990 and under section 504(a) of the Domestic Volunteer
Service Act of 1973, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, the
employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $100,522,000.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$9,000,000.

administrative provisions

Sec. 401. The Corporation for National and Community
Service (``the Corporation'') shall make any significant
changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal
year 2011, during any

[[Page 20007]]

grant selection process, an officer or employee of the
Corporation shall not knowingly disclose any covered grant
selection information regarding such selection, directly or
indirectly, to any person other than an officer or employee
of the Corporation that is authorized by the Corporation to
receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the National and Community Service Act of
1990, and subject to partial waiver consistent with section
2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to the Corporation for National
and Community Service under section 196 of the National and
Community Service Act of 1990 (``1990 Act'') for the purposes
of financing programs and operations under titles I and II of
the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current
programs and operations.
Sec. 404. Notwithstanding the provisions of section
501(a)(1)(D) of the National and Community Service Act of
1990 (``the 1990 Act''), the Corporation for National and
Community Service shall fund summer of service program grants
authorized under section 119(c)(8) of the 1990 Act from funds
made available to provide financial assistance under
501(a)(1)(F)(iii) of the 1990 Act.
Sec. 405. In addition to the requirements in section
146(a) of the National and Community Service Act of 1990
(``the 1990 Act''), use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the 1990 Act.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting
(``Corporation''), as authorized by the Communications Act of
1934, an amount which shall be available within limitations
specified by that Act, for the fiscal year 2013,
$460,000,000: Provided, That none of the funds made available
to the Corporation by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to the Corporation by this
Act shall be available or used to aid or support any program
or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That none of the funds made available to the Corporation by
this Act shall be used to apply any political test or
qualification in selecting, appointing, promoting, or taking
any other personnel action with respect to officers, agents,
and employees of the Corporation: Provided further, That none
of the funds made available to the Corporation by this Act
shall be used to support the Television Future Fund or any
similar purpose: Provided further, That for fiscal year 2011,
in addition to the amounts provided above, $36,000,000 shall
be provided for costs related to digital program production,
development, and distribution, associated with the transition
of public broadcasting to digital broadcasting, to be awarded
as determined by the Corporation in consultation with public
radio and television licensees or permittees, or their
designated representatives.

Federal Mediation and Conciliation Service

salaries and expenses

For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$48,025,000, including $750,000 to remain available through
September 30, 2012, for activities authorized by the Labor-
Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.

Federal Mine Safety and Health Review Commission

salaries and expenses

For expenses necessary for the Federal Mine Safety and
Health Review Commission, $14,705,000.

Institute of Museum and Library Services

office of museum and library services: grants and administration

For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $270,619,000, of which $4,750,000 shall be used
for the projects, and in the amounts, as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).

Medicare Payment Advisory Commission

salaries and expenses

For expenses necessary to carry out section 1805 of the
Social Security Act, $13,100,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.

National Council on Disability

salaries and expenses

For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,337,000.

National Health Care Workforce Commission

salaries and expenses

For expenses necessary for the National Health Care
Workforce Commission as authorized by section 5101 of the
Patient Protection and Affordable Care Act, as amended,
$3,000,000.

National Labor Relations Board

salaries and expenses

For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $287,100,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.

National Mediation Board

salaries and expenses

For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $14,972,000.

Occupational Safety and Health Review Commission

salaries and expenses

For expenses necessary for the Occupational Safety and
Health Review Commission, $12,051,000.

Railroad Retirement Board

dual benefits payments account

For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $57,000,000, which shall include amounts becoming
available in fiscal year 2011 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.

federal payments to the railroad retirement accounts

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2012, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.

limitation on administration

For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $110,573,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund.

limitation on the office of inspector general

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$8,936,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.

[[Page 20008]]

Social Security Administration

payments to social security trust funds

For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m), 217(g), 228(g), and
1131(b)(2) of the Social Security Act, $21,404,000.

supplemental security income program

For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $40,482,124,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That of the funds
available for the Research and Demonstration program, not
more than $6,300,000 shall be used for the Special Initiative
activity only to support the Financial Literacy Education
Commission program.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2012,
$13,400,000,000, to remain available until expended.

limitation on administrative expenses

(including transfer and rescission of funds)

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$11,629,863,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That funds made available in this
paragraph and remaining unobligated at the end of fiscal year
2011 may be, not later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available
for the purposes for which appropriated, placed in an
``Information Technology and Telecommunications Investment
Fund'' (``ITTI Fund'') to be established within this account
where they shall remain available until expended for
investments in Social Security Administration information
technology and telecommunications hardware and software
infrastructure, including related equipment and non-payroll
administrative expenses: Provided further, That unobligated
balances of appropriations made to this account in prior
fiscal years that remain available for the purposes specified
in the preceding proviso may also be placed in the ITTI Fund
not later than the end of the fifth fiscal year after the
last fiscal year for which such funds are available for the
purposes for which appropriated: Provided further, That the
Commissioner of the Social Security Administration shall
provide information to the Committees on Appropriations of
the House of Representatives and the Senate each year, at the
same time the President's budget is submitted to Congress,
regarding actual or estimated amounts placed in, and
obligated and expended from, the ITTI Fund during the
preceding, current, and succeeding fiscal years, including
the nature and purposes of all such obligations and
expenditures, and regarding the balances remaining (or
expected to remain) in the ITTI Fund as of the close of each
such fiscal year: Provided further, That reimbursement to the
trust funds under this heading for expenditures for official
time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are
made: Provided further, That of the funds made available
under this heading, $1,863,000 shall be available only to
increase the Social Security Administration's acquisition
workforce capacity and capabilities, and may be transferred
by the Commissioner for that purpose to any other account in
the Social Security Administration (in addition to any other
transfer authority provided in this Act): Provided further,
That funds available under the previous proviso shall be used
only to supplement and not to supplant existing acquisition
workforce activities and may be used for training,
recruitment, retention, and hiring additional members of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act), for information technology in
support of acquisition workforce effectiveness, or for
activities to improve acquisition management.
From funds provided under the first paragraph, not less
than $283,000,000 shall be available for the cost associated
with conducting continuing disability reviews under titles II
and XVI of the Social Security Act and for the cost
associated with conducting redeterminations of eligibility
under title XVI of the Social Security Act.
In addition to the amounts made available above, and
subject to the same terms and conditions, $513,000,000, for
additional continuing disability reviews and redeterminations
of eligibility, of which up to $10,000,000 shall be available
to complete implementation of asset verification initiatives:
Provided, That the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the
obligation and expenditure of these additional amounts,
similar to the reports that were required by section
103(d)(2) of Public Law 104-121 for fiscal years 1996 through
2002.
In addition, $186,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2011
exceed $186,000,000, the amounts shall be available in fiscal
year 2012 only to the extent provided in advance in
appropriations Acts.
In addition, up to $500,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
Upon enactment of this Act, $455,700,000 of the remaining
unobligated balances, including expired and non-expired
amounts, of funds appropriated for ``Social Security
Administration--Limitation on Administrative Expenses'' for
fiscal years 2010 and prior years (other than funds
appropriated in Public Law 111-5) shall be made part of and
merged with the ITTI Fund, and of such funds $455,700,000 are
rescinded.

office of inspector general

(including transfer of funds)

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $30,000,000, together with not to exceed
$76,122,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate.

TITLE V

GENERAL PROVISIONS

(transfer of funds)

Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. 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. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any
State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. None of the funds contained in this Act may be
used to distribute any needle or syringe for the purpose of
preventing the spread of blood borne pathogens in any
location that has been determined by the local public health
or local law enforcement authorities to be inappropriate for
such distribution.

[[Page 20009]]

Sec. 506. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 507. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 508. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 509. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 511. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section
2441(a) of such Act, as amended by the Children's Internet
Protection Act and the No Child Left Behind Act, unless the
local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2)
of such section.
Sec. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2011, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;

unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2011, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;

unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier.
Sec. 517. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate scientific information that is
deliberately false or misleading.
Sec. 518. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2011 that are different than those specified in
this Act, the accompanying detailed table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) or the fiscal year 2011
budget request.
Sec. 519. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2011,
but not to include grants awarded on a formula basis or
directed by

[[Page 20010]]

law. Such report shall include the name of the contractor or
grantee, the amount of funding, the governmental purpose,
including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for
which the report is submitted.
Sec. 520. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 521. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 522. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the 3 years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 524. The policy regarding public access to research
results established for the National Institutes of Health by
section 217 of division F of Public Law 111-8 shall apply to
all Departments funded in this Act having more than
$100,000,000 in annual expenditures for extramural research.
Except with respect to the National Institutes of Health, the
Secretaries of the Departments affected may designate other
suitable online depositories to be used in lieu of the
National Library of Medicine's PubMed Central.
Sec. 525. Section 6402(f)(3)(C) of the Internal Revenue
Code of 1986, as amended by section 801(a)(3)(C) of the
Claims Resolution Act of 2010, is further amended by striking
``not''.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2011''.

DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011

TITLE I

LEGISLATIVE BRANCH

SENATE

Expense Allowances

For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate,
$40,000; Majority Whip of the Senate, $10,000; Minority Whip
of the Senate, $10,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen
of the Majority and Minority Policy Committees, $5,000 for
each Chairman; in all, $180,000.

Representation Allowances for the Majority and Minority Leaders

For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.

Salaries, Officers and Employees

For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$185,982,000, which shall be paid from this appropriation
without regard to the following limitations:

office of the vice president

For the Office of the Vice President, $2,517,000.

office of the president pro tempore

For the Office of the President Pro Tempore, $752,000.

offices of the majority and minority leaders

For Offices of the Majority and Minority Leaders,
$5,212,000.

offices of the majority and minority whips

For Offices of the Majority and Minority Whips, $3,288,000.

committee on appropriations

For salaries of the Committee on Appropriations,
$15,844,000.

conference committees

For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,726,000 for each such
committee; in all, $3,452,000.

offices of the secretaries of the conference of the majority and the
conference of the minority

For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $850,000.

policy committees

For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,763,000 for each such
committee; in all, $3,526,000.

office of the chaplain

For Office of the Chaplain, $415,000.

office of the secretary

For Office of the Secretary, $25,790,000.

office of the sergeant at arms and doorkeeper

For Office of the Sergeant at Arms and Doorkeeper,
$77,000,000.

offices of the secretaries for the majority and minority

For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,836,000.

agency contributions and related expenses

For agency contributions for employee benefits, as
authorized by law, and related expenses, $45,500,000.

Office of the Legislative Counsel of the Senate

For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $7,154,000.

Office of Senate Legal Counsel

For salaries and expenses of the Office of Senate Legal
Counsel, $1,544,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate

For expense allowances of the Secretary of the Senate,
$7,500; Sergeant at Arms and Doorkeeper of the Senate,
$7,500; Secretary for the Majority of the Senate, $7,500;
Secretary for the Minority of the Senate, $7,500; in all,
$30,000.

Contingent Expenses of the Senate

inquiries and investigations

For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $140,500,000.

expenses of the united states senate caucus on international narcotics
control

For expenses of the United States Senate Caucus on
International Narcotics Control, $520,000.

secretary of the senate

For expenses of the Office of the Secretary of the Senate
$6,200,000 of which $4,200,000 shall remain available until
September 30, 2015.

sergeant at arms and doorkeeper of the senate

For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $142,401,000, which shall remain
available until September 30, 2015.

miscellaneous items

For miscellaneous items, $19,145,000.

senators' official personnel and office expense account

For Senators' Official Personnel and Office Expense
Account, $422,000,000.

official mail costs

For expenses necessary for official mail costs of the
Senate, $300,000.

administrative provision

acquisition of goods, services, or space

Sec. 1. 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.''.

HOUSE OF REPRESENTATIVES

Salaries and Expenses

For salaries and expenses of the House of Representatives,
$1,371,172,000, as follows:

House Leadership Offices

For salaries and expenses, as authorized by law,
$26,157,000, including: Office of the Speaker, $5,143,000,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,560,000, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $4,622,000, including $10,000
for official expenses of the Minority Leader; Office of the

[[Page 20011]]

Majority Whip, including the Chief Deputy Majority Whip,
$2,222,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,713,000, including $5,000 for
official expenses of the Minority Whip; Speaker's Office for
Legislative Floor Activities, $518,000; Republican Steering
Committee, $984,000; Republican Conference, $1,771,000;
Republican Policy Committee, $360,000; Democratic Steering
and Policy Committee, $1,371,000; Democratic Caucus,
$1,744,000; nine minority employees, $1,553,000; training and
program development--majority, $290,000; training and program
development--minority, $290,000; Cloakroom Personnel--
majority, $508,000; and Cloakroom Personnel--minority,
$508,000.

Members' Representational Allowances Including Members' Clerk Hire,
Official Expenses of Memebers, and Official Mail

For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$652,000,000.

Committee Employees

Standing Committees, Special and Select

For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $147,878,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2012.

Committee on Appropriations

For salaries and expenses of the Committee on
Appropriations, $31,300,000, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2012.

Salaries, Officers and Employees

For compensation and expenses of officers and employees, as
authorized by law, $193,011,000, including: for salaries and
expenses of the Office of the Clerk, including not more than
$33,000, of which not more than $30,000 is for the Family
Room, for official representation and reception expenses,
$29,265,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $3,000 for official
representation and reception expenses, $16,538,000 of which
$7,044,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer, including not more than $3,000 for
official representation and reception expenses, $123,209,000,
of which $3,937,000 shall remain available until expended and
$20,000,000 shall not be available for obligation until the
Committee on Appropriations of the House of Representatives
and the Committee on House Administration receive the House
Services Action Plan from the Chief Administrative Officer;
for salaries and expenses of the Office of the Inspector
General, $5,207,000; salaries and expenses of the Office of
General Counsel, $1,437,000; for the Office of the Chaplain,
$176,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for
preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,092,000;
for salaries and expenses of the Office of the Law Revision
Counsel of the House, $3,361,000; for salaries and expenses
of the Office of the Legislative Counsel of the House,
$8,890,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $878,000; for other authorized
employees, $1,355,000; and for salaries and expenses of the
Office of the Historian, including the cost of the House
Fellows Program (including lodging and related expenses for
visiting Program participants), $603,000.

Allowances and Expenses

For allowances and expenses as authorized by House
resolution or law, $320,826,000, including: supplies,
materials, administrative costs and Federal tort claims,
$4,323,000; official mail for committees, leadership offices,
and administrative offices of the House, $201,000; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $286,316,000, including
employee tuition assistance benefit payments, $3,500,000, if
authorized, and employee child care benefit payments,
$1,000,000, if authorized; Business Continuity and Disaster
Recovery, $22,031,000; transition activities for new members
and staff, $2,664,000; Wounded Warrior Program, $2,500,000,
to remain available until expended; Office of Congressional
Ethics, $2,020,000; and miscellaneous items including
purchase, exchange, maintenance, repair and operation of
House motor vehicles, interparliamentary receptions, and
gratuities to heirs of deceased employees of the House,
$771,000.

Child Care Center

For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the
account established by section 312(d)(1) of the Legislative
Branch Appropriations Act, 1992 (2 U.S.C. 2062), subject to
the level specified in the budget of the Center, as submitted
to the Committee on Appropriations of the House of
Representatives.

Administrative Provisions

Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances to Be Used for Deficit Reduction
or to Reduce the Federal Debt.--Notwithstanding any other
provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2011. Any amount remaining after all payments are
made under such allowances for fiscal year 2011 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.

transfer of house emergency planning, preparedness, and operations
functions to sergeant at arms

Sec. 102. (a) Termination of OEPPO.--Section 905 of the
Emergency Supplemental Act, 2002 (2 U.S.C. 130i) is repealed.
(b) Transfer to Sergeant At Arms.--The functions and
responsibilities of the Office of Emergency Planning,
Preparedness, and Operations under section 905 of the
Emergency Supplemental Act, 2002 (2 U.S.C. 130i) (as in
effect on the day before the date referred to in subsection
(c)) shall be transferred and assigned to the Sergeant At
Arms of the House of Representatives.
(c) Effective Date.--This section and the amendment made by
this section shall take effect February 1, 2010.

JOINT ITEMS

For Joint Items, as follows:

Joint Economic Committee

For salaries and expenses of the Joint Economic Committee,
$4,814,000, to be disbursed by the Secretary of the Senate.

Joint Committee on Taxation

For salaries and expenses of the Joint Committee on
Taxation, $11,327,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.

Office of the Attending Physician

For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month
to the Attending Physician; (2) an allowance of $1,300 per
month to the Senior Medical Officer; (3) an allowance of $725
per month each to three medical officers while on duty in the
Office of the Attending Physician; (4) an allowance of $725
per month to two assistants and $580 per month each not to
exceed 11 assistants on the basis heretofore provided for
such assistants; and (5) $2,426,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and
equipment assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be
available for all the purposes thereof, $3,407,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.

Office of Congressional Accessibility Services

salaries and expenses

For salaries and expenses of the Office of Congressional
Accessibility Services, $1,377,000, to be disbursed by the
Secretary of the Senate.

technical correction

Sec. 1001. (a) In General.--Section 102(a) of the
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-
5(a)) is amended--
(1) in paragraph (1), by inserting ``, except as provided
under subsection (b)(3)'' after ``means an individual''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Employee of the senate.--The term `employee of the
Senate'--
``(A) has the meaning given the term under section 101 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1301);
and
``(B) includes any employee of the Office of Congressional
Accessibility Services whose pay is disbursed by the
Secretary of the Senate.
``(3) Employing office.--The term `employing office'--
``(A) means the employing office, as defined under section
101 of the Congressional Accountability Act of 1995 (2 U.S.C.
1301), of an employee of the Senate; and
``(B) includes the Office of Congressional Accessibility
Services with respect to employees of that office whose pay
is disbursed by the Secretary of the Senate.''.

[[Page 20012]]

(b) Exclusion From Participation in Dual Programs.--Section
102(b) of the Legislative Branch Appropriations Act, 2002 (2
U.S.C. 60c-5(b)) is amended by adding at the end the
following:
``(3) Exclusion from participation in dual programs.--
Notwithstanding section 5379 of title 5, United States Code,
an employee of the Office of Congressional Accessibility
Services may not participate in the student loan repayment
program through an agreement under that section and
participate in the student loan repayment program through a
service agreement under this section at the same time.''.
(c) Effective Date and Application.--The amendments made by
this section shall take effect on the date of enactment of
this Act and apply to service agreements entered into under
section 102 of the Legislative Branch Appropriations Act,
2002 (2 U.S.C. 60c-5) or section 5379 of title 5, United
States Code, on or after that date.

CAPITOL POLICE

Salaries

For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$279,224,000, of which $1,945,000 shall remain available
until September 30, 2014, to be disbursed by the Chief of the
Capitol Police or his designee.

General Expenses

For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $57,985,000, to be disbursed by the Chief
of the Capitol Police or his designee: Provided, That,
notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law
Enforcement Training Center for fiscal year 2011 shall be
paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.

Administrative Provisions

transfer authority

Sec. 1101. Amounts appropriated for fiscal year 2011 for
the Capitol Police may be transferred between the headings
``Salaries'' and ``General Expenses'' upon the approval of
the Committees on Appropriations of the House of
Representatives and the Senate.

use of funds for the truck interdiction monitoring program

Sec. 1102. (a) Notwithstanding section 1018(d) of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C.
1907(d)), the use of any funds appropriated to the United
States Capitol Police during fiscal year 2003 for transfer
relating to the Truck Interdiction Monitoring Program to the
working capital fund established under section 328 of title
49, United States Code is ratified.
(b) Nothing in subsection (a) may be construed to waive
sections 1341, 1342, 1349, 1350, or 1351 of title 31, United
States Code, or subchapter II of chapter 15 of such title
(commonly known as the ``Anti-Deficiency Act'').

OFFICE OF COMPLIANCE

Salaries and Expenses

For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $4,377,000, of which $884,000
shall remain available until September 30, 2012: Provided,
That not more than $500 may be expended on the certification
of the Executive Director of the Office of Compliance in
connection with official representation and reception
expenses.

CONGRESSIONAL BUDGET OFFICE

Salaries and Expenses

For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $46,905,000.

ARCHITECT OF THE CAPITOL

General Administration

For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for
surveys and studies in connection with activities under the
care of the Architect of the Capitol; for all necessary
expenses for the general and administrative support of the
operations under the Architect of the Capitol including the
Botanic Garden; electrical substations of the Capitol, Senate
and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including
furnishings and office equipment; including not more than
$5,000 for official reception and representation expenses, to
be expended as the Architect of the Capitol may approve; for
purchase or exchange, maintenance, and operation of a
passenger motor vehicle, and for lease payments on behalf of
the United States Capitol Historical Society, $109,294,000,
of which $7,499,000 shall remain available until September
30, 2015.

Capitol Building

For all necessary expenses for the maintenance, care and
operation of the Capitol, $52,916,000, of which $25,526,000
shall remain available until September 30, 2015.

Capitol Grounds

For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $9,988,000.

Senate Office Buildings

For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $81,112,000, of which
$19,474,000 shall remain available until September 30, 2015.

House Office Buildings

For necessary expenses for the maintenance, care and
operation of the House office buildings, $75,619,000, of
which $25,323,000 shall remain available until September 30,
2015. In addition, for a payment to the House Historic
Buildings Revitalization Trust Fund, $40,000,000, to remain
available until expended.

Capitol Power Plant

For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $109,069,000, of which $15,100,000
shall remain available until September 30, 2015: Provided,
That not more than $8,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2011.

Library Buildings and Grounds

For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $40,796,000, of which $13,857,000
shall remain available until September 30, 2015.

Capitol Police Buildings, Grounds and Security

For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and AOC security operations,
$26,266,000, of which $6,436,000 shall remain available until
September 30, 2015.

Botanic Garden

For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $13,834,000, of which $1,505,000 shall remain
available until September 30, 2015: Provided, That of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.

Capitol Visitor Center

For all necessary expenses for the operation of the Capitol
Visitor Center, $22,771,000.

LIBRARY OF CONGRESS

Salaries and Expenses

For necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; activities under the
Civil Rights History Project Act of 2009; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $443,345,000, of which not more than $6,000,000
shall be derived from collections credited to this
appropriation during fiscal year 2011, and shall remain
available until expended, under the Act

[[Page 20013]]

of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150)
and not more than $350,000 shall be derived from collections
during fiscal year 2011 and shall remain available until
expended for the development and maintenance of an
international legal information database and activities
related thereto: Provided, That the Library of Congress may
not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount
authorized for obligation or expenditure in appropriations
Acts: Provided further, That the total amount available for
obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That
of the total amount appropriated, not more than $12,000 may
be expended, on the certification of the Librarian of
Congress, in connection with official representation and
reception expenses for the Overseas Field Offices: Provided
further, That of the total amount appropriated, $7,315,000
shall remain available until expended for the digital
collections and educational curricula program.

salaries and expenses

For necessary expenses of the Copyright Office,
$55,994,000, of which not more than $28,751,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2011 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$5,639,000 shall be derived from collections during fiscal
year 2011 under sections 111(d)(2), 119(b)(2), 803(e), 1005,
and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the
amount by which collections are less than $34,390,000:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than
$4,250 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses for activities of the International
Copyright Institute and for copyright delegations, visitors,
and seminars: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter
10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).

Congressional Research Service

salaries and expenses

For necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $114,341,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.

Books for the Blind and Physically Handicapped

salaries and expenses

For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$70,500,000, of which $30,599,000 shall remain available
until expended: Provided, That of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.

Administrative Provisions

reimbursable and revolving fund activities

Sec. 1301. (a) In General.--For fiscal year 2011, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$148,064,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
(c) Transfer of Funds.--During fiscal year 2011, the
Librarian of Congress may temporarily transfer funds
appropriated in this Act, under the heading ``Library of
Congress'', under the subheading ``Salaries and Expenses'',
to the revolving fund for the FEDLINK Program and the Federal
Research Program established under section 103 of the Library
of Congress Fiscal Operations Improvement Act of 2000 (Public
Law 106-481; 2 U.S.C. 182c): Provided, That the total amount
of such transfers may not exceed $1,900,000: Provided
further, That the appropriate revolving fund account shall
reimburse the Library for any amounts transferred to it
before the period of availability of the Library
appropriation expires.

transfer authority

Sec. 1302. (a) In General.--Amounts appropriated for fiscal
year 2011 for the Library of Congress may be transferred
during fiscal year 2011 between any of the headings under the
heading ``Library of Congress'' upon the approval of the
Committees on Appropriations of the Senate and the House of
Representatives.
(b) Limitation.--Not more than 10 percent of the total
amount of funds appropriated to the account under any heading
under the heading ``Library of Congress'' for fiscal year
2011 may be transferred from that account by all transfers
made under subsection (a).

funds available for workers compensation payments

Sec. 1303. (a) In General.--Unobligated balances of expired
Library of Congress appropriations for fiscal year 2011 and
each fiscal year thereafter shall be available to the Library
of Congress to make the deposit to the credit of the
Employees' Compensation Fund required by subsection 8147(b)
of title 5, United States Code.
(b) Effective Date.--This section shall apply with respect
to appropriations for fiscal year 2011 and each fiscal year
thereafter.

proceeds from disposition of surplus or obsolete property

Sec. 1304. (a) In General.--Within the limits of available
appropriations, the Librarian of Congress may dispose of
surplus or obsolete personal property of the Library of
Congress by inter-agency transfer, donation, sale, trade-in,
or discarding. Amounts received for the sale or trade-in of
personal property shall be credited to funds available for
the operations of the Library of Congress and be available
for the costs of acquiring similar property. Such funds shall
be available for such purposes during the fiscal year
received and the following fiscal year.
(b) Effective Date.--This section shall apply with respect
to fiscal year 2011 and each fiscal year thereafter.

nonappropriated funds initiatives

Sec. 1305. (a) Revolving Funds.--The Library of Congress
Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182a et
seq.; Public Law 106-481) is amended--
(1) in section 101 (2 U.S.C. 182a)--
(A) in the section heading, by striking ``duplication'';
(B) in subsection (a)--
(i) by striking ``duplication and delivery services
provided by'' and inserting ``the following programs and
activities of'';
(ii) by striking the period and inserting a colon; and
(iii) by adding at the end the following:
``(1) Duplication and delivery services.
``(2) Storage of audiovisual materials.''; and
(2) in section 102(a) (2 U.S.C. 182b(a)), by adding at the
end the following:
``(5) Traveling exhibitions.
``(6) Training.''.
(b) Gifts.--Section 4 of the Act entitled ``An Act to
create a Library of Congress Trust Fund Board, and for other
purposes'', approved March 3, 1925 (2 U.S.C. 160), is
amended--
(1) in the first undesignated paragraph--
(A) in the first sentence--
(i) by striking ``Nothing'' and inserting ``(a) In
General.--Nothing'';
(ii) by striking ``gifts or bequests of money for immediate
disbursement'' and inserting ``and''; and
(iii) by inserting ``, gifts or bequests of personal
property, nonpersonal services, voluntary and uncompensated
personal services, or money for immediate disbursement''
before the period;
(B) in the second sentence, by inserting ``of money'' after
``bequests'';
(C) in the third sentence, by striking ``enter them'' and
inserting ``enter the gift, bequest, or proceeds''; and
(D) by inserting ``In the case of a gift of securities, the
librarian shall sell the securities and provide the donor
with a receipt from the proceeds of the sale.'' after the
second sentence; and
(2) by adding at the end the following:
``(b) Reporting, Disclosure, and Notification
Requirements.--
``(1) Reporting and disclosure.--
``(A) Issuance.--Each year the Librarian of Congress shall
issue a public report that discloses--
``(i) each gift or bequest accepted under subsection (a),
including each gift or bequest of personal property,
nonpersonal services, voluntary and uncompensated personal
services, or money for immediate disbursement; and
``(ii) details of any financial transaction required under
subsection (a) relating to each of those gifts or bequests.
``(B) Publication.--Each public report issued under
subparagraph (A) shall be published in the Annual Report of
the Librarian

[[Page 20014]]

of Congress and the annual Financial Statements of the
Library of Congress, with specific pagination of each gift or
bequest listed in the table of contents or index.
``(C) Website public access.--The Annual Report of the
Librarian of Congress and the annual Financial Statements of
the Library of Congress, including the public report issued
under subparagraph (A), shall be posted on the website of the
Library of Congress for public access.
``(2) Notification.--Not later than 5 business days before
acceptance or rejection of any gift or bequest under
subsection (a), the Librarian of Congress shall notify the
Chairman and the Vice-Chairman of the Joint Committee on the
Library of--
``(A) the determination of the Librarian of Congress to
accept or reject that gift or bequest; and
``(B) if the gift or bequest is accepted, the details of
all financial transactions relating to that gift or
bequest.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2011, and each fiscal
year thereafter.

GOVERNMENT PRINTING OFFICE

Congressional Printing and Binding

For authorized printing and binding for the Congress and
the distribution of Congressional information in any format;
printing and binding for the Architect of the Capitol;
expenses necessary for preparing the semimonthly and session
index to the Congressional Record, as authorized by law
(section 902 of title 44, United States Code); printing and
binding of Government publications authorized by law to be
distributed to Members of Congress; and printing, binding,
and distribution of Government publications authorized by law
to be distributed without charge to the recipient,
$96,652,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of
title 44, United States Code: Provided further, That this
appropriation shall be available for the payment of
obligations incurred under the appropriations for similar
purposes for preceding fiscal years: Provided further, That
notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated
or made available under this Act or any other Act for
printing and binding and related services provided to
Congress under chapter 7 of title 44, United States Code, may
be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document,
report, or publication is authorized by Congress to be
printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government
Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.

Office of Superintendent of Documents

salaries and expenses

For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of
Government publications and their distribution to the public,
Members of Congress, other Government agencies, and
designated depository and international exchange libraries as
authorized by law, $42,682,000: Provided, That amounts of not
more than $2,000,000 from current year appropriations are
authorized for producing and disseminating congressional
serial sets and other related publications for fiscal years
2009 and 2010 to depository and other designated libraries:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government
Printing Office revolving fund for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.

Government Printing Office Revolving Fund

For payment to the Government Printing Office Revolving
Fund, $8,127,000 for information technology development,
facilities repair, and continuity of operations: Provided,
That the Government Printing Office is hereby authorized to
make such expenditures, within the limits of funds available
and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs and purposes
set forth in the budget for the current fiscal year for the
Government Printing Office revolving fund: Provided further,
That not more than $7,500 may be expended on the
certification of the Public Printer in connection with
official representation and reception expenses: Provided
further, That the revolving fund shall be available for the
hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Public
Printer shall be deemed necessary to carry out the provisions
of title 44, United States Code: Provided further, That the
revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more
than the daily equivalent of the annual rate of basic pay for
level V of the Executive Schedule under section 5316 of such
title: Provided further, That activities financed through
the revolving fund may provide information in any format:
Provided further, That the revolving fund and the funds
provided under the headings ``Office of Superintendent of
Documents'' and ``Salaries and Expenses'' may not be used for
contracted security services at GPO's passport facility in
the District of Columbia.

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $558,430,000: Provided, That
not more than $9,400,000 of payments received under section
782 of title 31, United States Code, shall be available for
use in fiscal year 2011: Provided further, That not more
than $3,100,000 of reimbursements received under section 9105
of title 31, United States Code, shall be available for use
in fiscal year 2011: Provided further, That not more than
$7,000,000 of reimbursements received under section 3521 of
title 31, United States Code, shall be available for use in
fiscal year 2011: Provided further, That this appropriation
and appropriations for administrative expenses of any other
department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental
Audit Forum shall be available to finance an appropriate
share of either Forum's costs as determined by the respective
Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to
the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially
financed.

OPEN WORLD LEADERSHIP CENTER TRUST FUND

For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $12,000,000.

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.

TITLE II

GENERAL PROVISIONS

maintenance and care of private vehicles

Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.

fiscal year limitation

Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2011
unless expressly so provided in this Act.

rates of compensation and designation

Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.

consulting services

Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code,

[[Page 20015]]

shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued under existing
law.

awards and settlements

Sec. 205. Such sums as may be necessary are appropriated
to the account described in subsection (a) of section 415 of
the Congressional Accountability Act of 1995 (2 U.S.C.
1415(a)) to pay awards and settlements as authorized under
such subsection.

costs of lbfmc

Sec. 206. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.

landscape maintenance

Sec. 207. The Architect of the Capitol, in consultation
with the District of Columbia, is authorized to maintain and
improve the landscape features, excluding streets, in the
irregular shaped grassy areas bounded by Washington Avenue,
SW, on the northeast, Second Street, SW, on the west, Square
582 on the south, and the beginning of the I-395 tunnel on
the southeast.

limitation on transfers

Sec. 208. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.

guided tours of the capitol

Sec. 209. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.

(rescission)

Sec. 210. Of the unobligated balances available to the
Architect of the Capitol from prior year appropriations for
the Capitol Visitor Center project, $20,000,000 are hereby
rescinded.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2011''.

DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $3,891,395,000 to remain available until
September 30, 2015, of which $190,000,000 shall be for
trainee troop housing facilities: Provided, That of this
amount, not to exceed $263,783,000 shall be available for
study, planning, design, architect and engineer services, and
host nation support, as authorized by law, unless the
Secretary of the Army determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for trainee troop
housing facilities: Provided further, That none of the funds
provided under this heading for military construction
supporting new initiatives in Germany as identified in the
table entitled ``Military Construction'' as specified in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) may be
obligated or expended until the Department of Defense
completes an evaluation of the North Atlantic Treaty
Organization Strategic Concept Review and an accompanying
United States assessment of its defense posture in Europe,
and a ``Front End Assessment'' of the Department's global
posture for the fiscal year 2012 to 2016 program budget
review cycle, and the Secretary of Defense provides to the
congressional defense committees a certification of the
requirement identified by the assessments for each of the
Army military construction projects in Germany funded in this
section.

Military Construction, Navy and Marine Corps

For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$3,506,557,000, to remain available until September 30, 2015:
Provided, That of this amount, not to exceed $128,970,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.

Military Construction, Air Force

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,296,967,000, to
remain available until September 30, 2015: Provided, That of
this amount, not to exceed $84,401,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.

Military Construction, Defense-Wide

(including transfer and rescissions of funds)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $3,145,614,000,
to remain available until September 30, 2015: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, 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 further, That of the
amount appropriated, not to exceed $449,041,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount appropriated, notwithstanding any other
provision of law, $31,863,000 shall be available for payments
to the North Atlantic Treaty Organization for the planning,
design, and construction of a new North Atlantic Treaty
Organization headquarters: Provided further, That of the
unobligated balances available under the heading ``Military
Construction, Defense-Wide'' in title I of division E of
Public Law 111-117, $125,500,000 is hereby rescinded:
Provided further, That of the unobligated balances available
under the heading ``Military Construction, Defense-Wide'' in
title I of division E of Public Law 110-329, $23,000,000 is
hereby rescinded.

Military Construction, Army National Guard

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$1,125,628,000, to remain available until September 30, 2015,
of which $60,000,000 shall be for critical unfunded
requirements: Provided, That of the amount appropriated, not
to exceed $64,836,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Director of the Army National Guard
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That, not later than 30 days
after the date of the enactment of this Act, the Director of
the Army National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for the funds provided for critical unfunded requirements.

Military Construction, Air National Guard

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10,

[[Page 20016]]

United States Code, and Military Construction Authorization
Acts, $441,549,000, to remain available until September 30,
2015, of which $50,000,000 shall be for critical unfunded
requirements: Provided, That of the amount appropriated, not
to exceed $37,177,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Director of the Air National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor:
Provided further, That, not later than 30 days after the date
of the enactment of this Act, the Director of the Air
National Guard shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for the funds provided for critical unfunded requirements.

Military Construction, Army Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $388,064,000, to remain
available until September 30, 2015, of which $30,000,000
shall be for critical unfunded requirements: Provided, That
of the amount appropriated, not to exceed $27,289,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of the Army determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Chief of Army Reserve shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for the funds provided for critical unfunded
requirements.

Military Construction, Navy Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $91,557,000, to remain available until September 30,
2015, of which $15,000,000 shall be for critical unfunded
requirements of the Navy Reserve and $15,000,000 shall be for
critical unfunded requirements of the Marine Forces Reserve:
Provided, That of the amount appropriated, not to exceed
$1,857,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Chief of Navy Reserve and the Commander,
Marine Forces Reserve shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for the funds provided for critical unfunded requirements.

Military Construction, Air Force Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $48,182,000, to remain
available until September 30, 2015, of which $30,000,000
shall be for critical unfunded requirements: Provided, That
of the amount appropriated, not to exceed $2,503,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That, not later than 30 days after the date of the enactment
of this Act, the Chief of Air Force Reserve shall submit to
the Committees on Appropriations of both Houses of Congress
an expenditure plan for the funds provided for critical
unfunded requirements.

North Atlantic Treaty Organization

Security Investment Program

For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $258,884,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended for purposes
of section 2806 of title 10, United States Code, and sections
2501 and 2502 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84).

Family Housing Construction, Army

For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$92,369,000, to remain available until September 30, 2015.

Family Housing Operation and Maintenance, Army

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $518,140,000.

Family Housing Construction, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $186,444,000, to remain available until September 30,
2015.

Family Housing Operation and Maintenance, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $366,346,000.

Family Housing Construction, Air Force

For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$78,025,000, to remain available until September 30, 2015.

Family Housing Operation and Maintenance, Air Force

For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $513,792,000.

Family Housing Operation and Maintenance, Defense-Wide

For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $50,464,000.

Department of Defense Family Housing Improvement Fund

For the Department of Defense Family Housing Improvement
Fund, $1,096,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.

Homeowners Assistance Fund

For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966, (42 U.S.C. 3374), as amended by section 1001 of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 194), $16,515,000, to
remain available until expended.

Chemical Demilitarization Construction, Defense-Wide

For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
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, as currently authorized by law,
$124,971,000, to remain available until September 30, 2015,
which shall be only for the Assembled Chemical Weapons
Alternatives program.

Department of Defense Base Closure Account 1990

For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $450,474,000, to remain available until expended.

Department of Defense Base Closure Account 2005

(including rescission of funds)

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $2,354,285,000, to remain available until
expended: Provided, That the Department of Defense shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a
construction project that exceeds or reduces the amount
identified for that project in the most recently submitted
budget request for this account by 20 percent or $2,000,000,
whichever is less: Provided further, That the previous
proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under section 2805
of title 10, United States Code: Provided further, That of
the unobligated balances available under this heading from
prior appropriations Acts, $200,000,000 is hereby rescinded:
Provided further, That no funds may be rescinded from

[[Page 20017]]

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.

Administrative Provisions

Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor: Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of the plans and scope of
any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.

(including transfer of funds)

Sec. 118. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.

(including transfer of funds)

Sec. 119. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883, of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
Sec. 120. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice
described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal
Government with respect to the guarantee.

(including transfer of funds)

Sec. 121. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to
pay for expenses associated with the Homeowners Assistance
Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts
transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to
which transferred.
Sec. 122. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United

[[Page 20018]]

States Code, to the Committees on Appropriations of both
Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded
solely due to costs associated with environmental remediation
that could not be reasonably anticipated at the time of the
budget submission: Provided further, That the Under Secretary
of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual
general or flag officer quarters for the prior fiscal year.
Sec. 123. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
Sec. 124. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005 under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.

(including transfer of funds)

Sec. 125. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 126. None of the funds appropriated or otherwise made
available in this title may be used for any action that is
related to or promotes the expansion of the boundaries or
size of the Pinon Canyon Maneuver Site, Colorado.
Sec. 127. Notwithstanding Department of Defense
Instruction 1330.17, nonappropriated funds provided through
the Commissary Surcharge Fund may be used in accordance with
the authority provided in 10 U.S.C. 2484(h) to construct a
commissary at U.S. Southern Command Headquarters in Miami-
Dade County, Florida.
Sec. 128. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) and in the
guidance for military construction reprogrammings and
notifications contained in Department of Defense Financial
Management Regulation 7000.14-R, Volume 3, Chapter 7, of
February 2009, as in effect on the date of enactment of this
Act.
Sec. 129. Amounts appropriated or otherwise made available
in this title for ``Military Construction, Army'', ``Military
Construction, Navy and Marine Corps'', ``Military
Construction, Air Force'', ``Military Construction, Defense-
Wide'', ``Military Construction, Army National Guard'',
``Military Construction, Air National Guard'', ``Military
Construction, Army Reserve'', ``Military Construction, Navy
Reserve'', ``Military Construction, Air Force Reserve'',
``Family Housing Construction, Army'', ``Family Housing
Construction, Navy and Marine Corps'', ``Family Housing
Construction, Air Force'', and ``Chemical Demilitarization
Construction, Defense-Wide'' shall be for the projects and
activities, and in the amounts specified, identified under
those headings in the Committee recommendations, and under
the headings for ``Army'', ``Navy'', ``Air Force'',
``Defense-Wide'', ``Army National Guard'', ``Air National
Guard'', ``Army Reserve'', ``Navy Reserve'', ``Air Force
Reserve'', ``Family Housing Construction, Army'', ``Family
Housing Construction, Navy and Marine Corps'', ``Family
Housing Construction, Air Force'', and ``Chemical
Demilitarization Construction, Defense-Wide'' in the table
entitled ``Military Construction'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 130. Notwithstanding any other provision of law, the
Department of Defense is authorized to carry out planning,
design, and construction not otherwise authorized by law for
an Aegis Ashore Test Facility at the Pacific Missile Range
Facility, Hawaii, in an amount not to exceed $68,500,000
using funds appropriated or otherwise made available by title
I of division E of Public Law 111-117 under the heading
``Military Construction, Defense-Wide''.
Sec. 131. None of the funds made available by this Act may
be used to take beneficial occupancy of more than 1,000
parking spaces provided by the combination spaces provided by
the proposed office complex to be developed at an established
mixed-use business park in Alexandria, Virginia, to implement
recommendation 133 of the Defense Base Closure and
Realignment Commission contained in the report of the
Commission transmitted to Congress on September 15, 2005, and
the lease of spaces in the immediate vicinity of such office
complex until both of the following occur:
(1) The Secretary submits to the congressional defense
committees a viable transportation plan, as directed in House
Report 111-559, for the proposed office complex.
(2) The Secretary certifies to the congressional defense
committees that construction has been completed to provide
adequate ingress to and egress from the business park at
which the proposed office complex is located.
Sec. 132. Notwithstanding any other provision of law,
funds appropriated or otherwise made available by this title
may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

compensation and pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $53,978,000,000, to remain available until expended:
Provided, That not to exceed $30,423,000 of the amount
appropriated under this heading shall be reimbursed to
``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and
``Information technology systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical care collections fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38,
United States Code, $10,396,106,000, to remain available
until expended: Provided, That expenses for rehabilitation
program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of
title 38, United States Code, other than under paragraphs
(1), (2), (5), and (11) of that subsection, shall be charged
to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by title 38, United States Code, chapters 19 and
21, $77,589,000, to remain available until expended.

[[Page 20019]]

veterans housing benefit program fund

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 2011, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $163,646,000.

vocational rehabilitation loans program account

For the cost of direct loans, $48,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$3,042,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $337,000, which may be paid to
the appropriation for ``General operating expenses, Veterans
Benefits Administration''.

native american veteran housing loan program account

For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $707,000.

Veterans Health Administration

medical services

(including transfer of funds)

For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries
and expenses of health care employees hired under title 38,
United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and
support services for caregivers as authorized by section
1720G of title 38, United States Code, and loan repayments
authorized by section 604 of Public Law 111-163;
$39,649,985,000, plus reimbursements, shall become available
on October 1, 2011, and shall remain available until
September 30, 2012: Provided, That notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.

medical support and compliance

For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.); $5,535,000,000, plus reimbursements,
shall become available on October 1, 2011, and shall remain
available until September 30, 2012.

medical facilities

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and
other necessary facilities of the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the
Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing,
altering, improving, or providing facilities in the several
hospitals and homes under the jurisdiction of the Department,
not otherwise provided for, either by contract or by the hire
of temporary employees and purchase of materials; for leases
of facilities; and for laundry services, $5,426,000,000, plus
reimbursements, shall become available on October 1, 2011,
and shall remain available until September 30, 2012:
Provided, That of the amount available for fiscal year 2012,
$130,000,000 for non-recurring maintenance shall be allocated
in a manner not subject to the Veterans Equitable Resource
Allocation.

medical and prosthetic research

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $590,000,000,
plus reimbursements, shall remain available until September
30, 2012.

National Cemetery Administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $259,004,000, of which not
to exceed $24,200,000 shall remain available until September
30, 2012.

Departmental Administration

general administration

(including transfer of funds)

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $466,497,000, of
which not to exceed $22,000,000 shall remain available until
September 30, 2012: Provided, That $23,584,000 shall be to
increase the Department's acquisition workforce capacity and
capabilities and may be transferred by the Secretary to any
other account in the Department to carry out the purposes
provided therein: Provided further, That funds provided under
this heading may be transferred to ``General operating
expenses, Veterans Benefits Administration''.

general operating expenses, veterans benefits administration

For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, and reimbursement of the Department
of Defense for the cost of overseas employee mail,
$2,162,776,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That of the funds made available under this heading, not to
exceed $108,000,000 shall remain available until September
20, 2012: Provided further, That from the funds made
available under this heading, the Veterans Benefits
Administration may purchase (on a one-for-one replacement
basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.

information technology systems

For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $3,162,501,000, plus reimbursements, shall
remain available until September 30, 2012: Provided, That
none of the funds made available under this heading may be
obligated until the Department of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That not later than 30 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress a reprogramming base letter which
sets forth, by project, the operations and maintenance costs,
with salary expenses separately designated, and development
costs to be carried out utilizing amounts made available
under this heading: Provided further, That of the amounts
made available under this heading, $742,816,000 may not be
obligated or expended until the Secretary of Veterans Affairs
or the Chief Information Officer of the

[[Page 20020]]

Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress a certification of
the amounts, in parts or in full, to be obligated and
expended for each development project.

office of inspector general

For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $115,367,000, of which $6,000,000 shall remain
available until September 30, 2012.

construction, major projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$1,151,036,000, to remain available until expended, of which
$6,000,000 shall be to make reimbursements as provided in
section 13 of the Contract Disputes Act of 1978 (41 U.S.C.
612) for claims paid for contract disputes: Provided, That
except for advance planning activities, including needs
assessments which may or may not lead to capital investments,
and other capital asset management related activities,
including portfolio development and management activities,
and investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account, and funds
provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds made available under this heading shall be used
for any project which has not been approved by the Congress
in the budgetary process: Provided further, That funds made
available under this heading for fiscal year 2011, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2011; and
(2) by the awarding of a construction contract by September
30, 2012: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established
above: Provided further, That of the funds made available
under this heading, $940,932,000 shall be for the projects
and activities, and in the amounts, specified under this
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).

construction, minor projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110,
8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $517,700,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.

grants for construction of state extended care facilities

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $85,000,000, to remain available
until expended.

grants for construction of state veterans cemeteries

For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $46,000,000, to remain
available until expended.

Administrative Provisions

(including transfer of funds)

Sec. 201. Any appropriation for fiscal year 2011 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.

(including transfer of funds)

Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2011, in this Act or any
other Act, under the ``Medical services'', ``Medical support
and compliance'', and ``Medical facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
between the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
services'' and ``Medical support and compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to
or from the ``Medical facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code,
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2010.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
pensions''.

(including transfer of funds)

Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2011, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology
systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during
fiscal year 2011 that are available for dividends in that
program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement

[[Page 20021]]

shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2011 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.

(including transfer of funds)

Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not
exceed $38,783,000 for the Office of Resolution Management
and $3,354,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General administration'' and ``Information
technology systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental cost is more than $1,000,000, unless
the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.

(including transfer of funds)

Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical
services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.

(including transfer of funds)

Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with
the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare,
including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), and those lands within the Alaska Native
regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the
Municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.

(including transfer of funds)

Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report on the financial status of the
Veterans Health Administration.

(including transfer of funds)

Sec. 220. Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2011, may
be transferred to or from the ``Information technology
systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.

(including transfer of funds)

Sec. 221. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed.
Sec. 222. (a) Upon a determination by the Secretary of
Veterans Affairs that such action is in the national
interest, and will have a direct benefit for veterans through
increased access to treatment, the Secretary of Veterans
Affairs may transfer not more than $5,000,000 to the
Secretary of Health and Human Services for the Graduate
Psychology Education Program, which includes treatment of
veterans, to support increased training of psychologists
skilled in the treatment of post-traumatic stress disorder,
traumatic brain injury, and related disorders.
(b) The Secretary of Health and Human Services may only use
funds transferred under this section for the purposes
described in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
Sec. 223. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with--
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 224. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2011, in this Act or any
other Act, under the ``Medical facilities'' account for
nonrecurring maintenance, not more than 20 percent of the
funds made available shall be obligated during the last 2
months of that fiscal year: Provided, That the Secretary may
waive this requirement after providing written notice to the
Committees on Appropriations of both Houses of Congress.

(including transfer of funds)

Sec. 225. Of the amounts appropriated to the Department of
Veterans Affairs in this Act, and any other Act, 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 shall be available to
fund operations of the integrated Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago
Veteran Affairs Medical Center, and 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, 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.

(including transfer of funds)

Sec. 226. 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 the Captain
James A. Lovell Federal Health Care Center may be transferred
to the Joint Department

[[Page 20022]]

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 shall be available to
fund operations of the integrated Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago
Veteran Affairs Medical Center, and Navy Ambulatory Care
Center, and supporting facilities designated as a combined
Federal medical facility as described by section 1706 of
Public Law 110-417.

(including transfer of funds)

Sec. 227. Of the amounts available in this title for
``Medical services'', ``Medical support and compliance'', and
``Medical facilities'', a minimum of $15,000,000, shall be
transferred to the Department of Defense/Department of
Veterans Affairs Health Care Sharing Incentive Fund, as
authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.

(including rescission of funds)

Sec. 228. (a) Of the funds appropriated in the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2010 (Public Law 111-117, division E),
the following amounts which become available on October 1,
2010, are hereby rescinded from the following accounts in the
amounts specified:
``Medical services'', Department of Veterans Affairs,
$1,015,000,000;
``Medical support and compliance'', Department of Veterans
Affairs, $145,000,000; and
``Medical facilities'', Department of Veterans Affairs,
$145,000,000.
(b) An additional amount is appropriated to the following
accounts in the amounts specified, to become available on
October 1, 2010, and to remain available until September 30,
2012:
``Medical services'', Department of Veterans Affairs,
$1,015,000,000;
``Medical support and compliance'', Department of Veterans
Affairs, $145,000,000; and
``Medical facilities'', Department of Veterans Affairs,
$145,000,000.
Sec. 229. The Secretary of the Department of Veterans
Affairs shall notify the Committees on Appropriations of both
Houses of Congress of all bid savings in major construction
projects that total at least $5,000,000, or 5 percent of the
programmed amount of the project, whichever is less:
Provided, That such notification shall occur within 14 days
of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the committees 14
days prior to the obligation of such bid savings and shall
describe the anticipated use of such savings.
Sec. 230. The scope of work for a project included in
``Construction, major projects'' may not be increased above
the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations.
Sec. 231. Of the amounts made available for fiscal year
2011 for ``Medical facilities'' in Public Law 111-117,
$162,734,000 shall be available for renewable energy projects
at the Department of Veterans Affairs medical facility
campuses subject to section 8103 of title 38, United States
Code.
Sec. 232. For an additional amount for fiscal year 2011
for ``Medical services'', $74,776,000.
Sec. 233. For an additional amount for fiscal year 2011
for ``Medical facilities'', $35,000,000.
Sec. 234. 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 III

RELATED AGENCIES

American Battle Monuments Commission

salaries and expenses

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$67,200,000, to remain available until expended.

foreign currency fluctuations account

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.

United States Court of Appeals for Veterans Claims

salaries and expenses

For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$28,297,000: Provided, That $2,515,229 shall be available for
the purpose of providing financial assistance as described,
and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.

Department of Defense--Civil

Cemeterial Expenses, Army

salaries and expenses

For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $50,340,000, to remain
available until expended: Provided, That none of the funds
available under this heading shall be for construction of a
perimeter wall at Arlington National Cemetery. In addition,
such sums as may be necessary for parking maintenance,
repairs and replacement, to be derived from the Lease of
Department of Defense Real Property for Defense Agencies
account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery
making additional land available for ground burials.

Armed Forces Retirement Home

trust fund

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$71,200,000, of which $2,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi.

TITLE IV

OVERSEAS CONTINGENCY OPERATIONS

Department of Defense

Military Construction, Army

(including transfer of funds)

For an additional amount for ``Military Construction,
Army'', $918,845,000, to remain available until September 30,
2013: Provided, That of the amount appropriated, $7,000,000
shall be transferred to ``Department of Defense--Other
Department of Defense Programs--Office of the Inspector
General'', to be merged with and to be available for the same
time period as the appropriation to which transferred, for
the purpose of carrying out audits of military construction
projects in Afghanistan: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense.

Military Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy
and Marine Corps'', $160,430,000, to remain available until
September 30, 2013.

Military Construction, Air Force

For an additional amount for ``Military Construction, Air
Force'', $129,266,000, to remain available until September
30, 2013.

Military Construction, Defense-wide

For an additional amount for ``Military Construction,
Defense-Wide'', $48,461,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, $46,500,000 may be obligated and expended
to construct facilities in a foreign country for the National
Security Agency.

Administrative Provisions

Sec. 401. Each amount in this title is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).

(including transfer of funds)

Sec. 402. Of the unobligated balances available under the
headings ``Military Construction, Army'' and ``Military
Construction, Air Force'' in title IV of division E of Public
Law 111-117, a total of up to $250,000,000 may be transferred
among projects and activities within those accounts to
accommodate cost and scope increases or changes of location,
or may be used to undertake military construction projects
not otherwise authorized by law that are necessary to support
urgent military operational requirements in Afghanistan:
Provided, That not less than 14 days before undertaking a
military construction project as described under this
section, the Secretary of Defense shall notify the
congressional defense committees of the proposed
reprogramming of funds and the details and estimated cost of
the construction project: Provided further, That section 401
of this title shall not apply to the funds available in this
provision.

(including transfer of funds)

Sec. 403. Of the unobligated balances available under the
headings ``Military Construction, Army'' and ``Military
Construction, Air

[[Page 20023]]

Force'' in chapter 9 of title I of Public Law 111-212, a
total of up to $250,000,000 may be transferred among projects
and activities within those accounts to accommodate cost and
scope increases or changes of location, or may be used to
undertake military construction projects not otherwise
authorized by law that are necessary to support urgent
military operational requirements in Afghanistan: Provided,
That not less than 14 days before undertaking a military
construction project as described under this section, the
Secretary of Defense shall notify the congressional defense
committees of the proposed reprogramming of funds and the
details and estimated cost of the construction project.
Sec. 404. Notwithstanding any other provision of law,
funds appropriated or otherwise made available by this title
may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law.

TITLE V

GENERAL PROVISIONS

Sec. 501. 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. 502. Such sums as may be necessary for fiscal year
2011 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 503. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 504. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 505. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 506. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 507. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 508. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 509. (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 confidential or 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. 510. None of the funds made available in this Act may
be used for the processing of new enhanced-use leases at the
National Home for Disabled Volunteer Soldiers located in
Milwaukee, Wisconsin.
Sec. 511. For an additional amount for the Department of
Veterans Affairs for ``Construction, Major Projects'',
$46,550,000, to remain available until expended: Provided,
That such funds shall be for the construction of a Nursing
Home Care Unit at the Beckley, West Virginia, Veterans
Affairs Medical Center: Provided further, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
major medical facility construction not otherwise authorized
by law.
Sec. 512. The Department of Veterans Affairs is authorized
to carry out, as a major medical facility project, seismic
corrections and renovation of various buildings to include
Building 209 for housing facilities for homeless veterans at
the Department of Veterans Affairs Medical Center in West Los
Angeles, California, in an amount not to exceed $35,500,000:
Provided, That notwithstanding any other provision of law,
the Department of Veterans Affairs may obligate funds derived
as result of bid savings from major medical facility projects
for purposes of carrying out this provision.

(including rescission of funds)

Sec. 513. Of the unobligated balances available for
``Military Construction, Army'', from prior appropriations
Acts, $200,000,000 are hereby rescinded.

(including rescission of funds)

Sec. 514. Of the unobligated balances available in title X
of Public Law 111-5 under the headings ``Military
Construction, Army'', ``Military Construction, Navy and
Marine Corps'', ``Military Construction, Air Force'',
``Military Construction, Defense-Wide'', ``Military
Construction, Army National Guard'', and ``Military
Construction, Air National Guard'', $128,000,000 are hereby
rescinded.

(including rescission of funds)

Sec. 515. Of the unobligated balances available in Title
II of division E of Public Law 111-117, under the heading
``Departmental Administration, Information Technology
Systems'', for staffing and administrative payroll,
$117,505,000 are hereby rescinded.
This division may be cited as the ``Military Construction
and Veterans Affairs, and Related Agencies Appropriations
Act, 2011''.

DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2011

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

(including transfer of funds)

For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,553,200,000,
of which $1,560,700,000 is for Worldwide Security Protection:
Provided, That the Secretary of State may transfer up to
$250,000,000 of the total funds made available under this
heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head
of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of
the Foreign Assistance Act of 1961: Provided further, That
funds made available under this heading shall be allocated as
follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,754,289,000, to remain available until September 30, 2012,
of which not less than $140,728,000 shall be available only
for public diplomacy American salaries, and $249,315,000 is
for Worldwide Security Protection and shall remain available
until expended.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $3,432,216,000, to remain
available until September 30, 2012, of which not less than
$415,243,000 shall be available only for public diplomacy
international information programs.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation and
disarmament activities as authorized, $884,988,000, to remain
available until September 30, 2012.
(4) Security programs.--For necessary expenses for security
activities, $2,481,707,000, to remain available until
September 30, 2012, of which $1,311,385,000 is for Worldwide
Security Protection and shall remain available until
expended.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,702,904 shall be derived from fees
collected from other executive agencies for lease or use of
facilities located at the International Center in accordance
with section 4 of the International Center Act, and, in
addition, as authorized by section 5 of such Act, $505,000,
to be derived from the reserve authorized by that section, to
be used for the purposes set out in that section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other

[[Page 20024]]

payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges and fees for use of Blair House
facilities.
(6) Transfer, reprogramming, and spending plan.--
(A) Notwithstanding any provision of this Act, funds may be
reprogrammed within and between subsections under this
heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $12,500,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to 31 U.S.C.
1108(g), for the field examination of programs and activities
in the United States funded from any account contained in
this title.
(D) Not later than 45 days after the enactment of this Act,
the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under this heading.
(7) Property inventory.--Funds appropriated under this
heading in this Act may not be made available to the
Department of State for the purchase of vehicles, radios,
cell phones, and other nonexpendable equipment unless the
Secretary of State reports, in writing, to the Committees on
Appropriations that the Department is taking steps to improve
inventory procedures, including accounting for missing
armored vehicles, and for the timely disposal of excess
equipment.

civilian stabilization initiative

For necessary expenses to support, maintain, mobilize, and
deploy a civilian response corps in coordination with the
United States Agency for International Development (USAID),
and for related reconstruction and stabilization assistance
to prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such
strife, $35,000,000, to remain available until expended:
Provided, That funds made available under this heading may be
made available in fiscal year 2011 to provide administrative
expenses for the Office of the Coordinator for Reconstruction
and Stabilization: Provided further, That notwithstanding any
other provision of law, and following consultation with the
Committees on Appropriations, the President may exercise
transfer authorities contained in the Foreign Assistance Act
of 1961 for reconstruction and stabilization assistance
managed by the Office of the Coordinator for Reconstruction
and Stabilization only to support an actively deployed
Civilian Response Corps, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That not later than 45 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
submit a coordinated joint spending plan for funds made
available under this heading and under the heading ``Civilian
Stabilization Initiative'' in title II of this Act.

capital investment fund

For necessary expenses of the Capital Investment Fund,
$139,000,000, to remain available until expended, as
authorized: Provided, That section 135(e) of Public Law 103-
236 shall not apply to funds available under this heading.

office of inspector general

For necessary expenses of the Office of Inspector General,
$115,000,000, notwithstanding section 209(a)(1) of the
Foreign Service Act of 1980 (Public Law 96-465), as it
relates to post inspections, of which $22,000,000 shall be
for the Special Inspector General for Iraq Reconstruction for
reconstruction oversight, and $30,287,000 shall be for the
Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight.

educational and cultural exchange programs

For expenses of educational and cultural exchange programs,
as authorized, $654,200,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as
authorized.

representation allowances

For representation allowances as authorized, $8,175,000.

protection of foreign missions and officials

For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,000,000, to remain available
until September 30, 2012.

embassy security, construction, and maintenance

For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $913,300,000, to
remain available until expended as authorized, of which not
to exceed $25,000 may be used for domestic and overseas
representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for
other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $925,000,000, to
remain available until expended: Provided, That not later
than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the
proposed allocation of funds made available under this
heading and the actual and anticipated proceeds of sales for
all projects in fiscal year 2011.

emergencies in the diplomatic and consular service

(including transfer of funds)

For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $10,500,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.

repatriation loans program account

(including transfer of funds)

For the cost of direct loans, $739,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $711,000, which may be
transferred to, and merged with, funds made available under
the heading ``Diplomatic and Consular Programs''.

payment to the american institute in taiwan

For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $21,420,000.

payment to the foreign service retirement and disability fund

For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.

International Organizations

contributions to international organizations

For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,545,430,000: Provided, That
the Secretary of State shall, at the time of the submission
of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees
on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget: Provided further,
That notwithstanding any other provision of law, credits to
United States assessed contributions to the United Nations
Tax Equalization Fund should be used to offset other assessed
contributions to the United Nations, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any payment of arrearages under this
heading shall be directed toward activities that are mutually
agreed upon by the United States and the respective
international organization: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That the
reporting requirement in section 7052 of division F of Public
Law 111-117 shall continue to be in effect until September
30, 2011.

contributions for international peacekeeping activities

For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $2,096,382,000, of which 15 percent shall remain
available until September 30, 2012: Provided, That at least
15 days in advance of voting for a new or expanded mission in
the

[[Page 20025]]

United Nations Security Council (or in an emergency as far in
advance as is practicable): (1) the Committees on
Appropriations shall be notified of the estimated cost and
length of the mission, the national interest that will be
served, the planned exit strategy, and that the United
Nations has taken appropriate measures to prevent United
Nations employees, contractor personnel, and peacekeeping
forces serving in the mission from trafficking in persons,
exploiting victims of trafficking, or committing acts of
illegal sexual exploitation, and to hold accountable
individuals who engage in such acts while participating in
the peacekeeping mission, including the prosecution in their
home countries of such individuals in connection with such
acts; and (2) notification pursuant to section 7015 of this
Act is submitted, and the procedures therein followed,
setting forth the source of funds that will be used to pay
for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping
expenses unless the Secretary of State determines that
American manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: 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
troops have not been credibly alleged to have violated human
rights: Provided further, That notwithstanding any other
provision of law, credits to United States assessed
contributions to the United Nations Tax Equalization Fund
should be used to offset other assessed contributions to the
United Nations, subject to the regular notification
procedures of the Committees on Appropriations.

International Commissions

For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:

international boundary and water commission, united states and mexico

For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:

salaries and expenses

For salaries and expenses, not otherwise provided for,
$47,431,000.

construction

For detailed plan preparation and construction of
authorized projects, $26,900,000, to remain available until
expended, as authorized.

american sections, international commissions

For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by Public Law 103-182, $12,655,000: Provided, That
of the amount provided under this heading for the
International Joint Commission, $9,000 may be made available
for representation expenses.

international fisheries commissions

For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $51,000,000, of which $500,000 shall remain available
until September 30, 2012: Provided, That the United States
share of such expenses may be advanced to the respective
commissions pursuant to 31 U.S.C. 3324: Provided further,
That in addition to other funds available for such purposes,
funds available under this heading may be used to make
payments necessary to fulfill the United States' obligations
under the Pacific Salmon Treaty.

RELATED AGENCY

Broadcasting Board of Governors

international broadcasting operations

For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease,
and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make
and supervise grants for radio and television broadcasting to
the Middle East, $744,500,000: Provided, That of the total
amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized,
not to exceed $35,000 may be used for representation abroad
as authorized, and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the authority
provided by section 504(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 6206 note) shall remain in effect through September
30, 2011: Provided further, That the BBG shall notify the
Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast
entities, including its grantee organizations, provides an
open platform for international terrorists or those who
support international terrorism, or is in violation of the
principles and standards set forth in the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and
(b)) or the entity's journalistic code of ethics: Provided
further, That reductions and increases to BBG broadcast hours
previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite,
and television), for all BBG language services shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in
addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $2,000,000
in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating
international organizations, and up to $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.

broadcasting capital improvements

For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and reception
as authorized, $6,875,000, to remain available until
expended, as authorized.

RELATED PROGRAMS

The Asia Foundation

For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $19,000,000, to remain
available until expended, as authorized.

United States Institute of Peace

For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act, $44,050,000, to remain available until September 30,
2012, which shall not be used for construction activities.

Center for Middle Eastern-Western Dialogue Trust Fund

For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2011, to remain available until expended.

Eisenhower Exchange Fellowship Program

For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2011, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.

Israeli Arab Scholarship Program

For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2011, to remain available until expended.

East-West Center

To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $23,100,000: Provided,
That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.

National Endowment for Democracy

For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act, $118,000,000, to remain
available until expended, of which $100,000,000 shall be
allocated in the traditional and customary manner, including
for the core institutes, and $18,000,000 shall be for
democracy, human rights, and rule of law programs: Provided,
That the President of the National Endowment for Democracy
shall submit to the Committees on Appropriations not later
than 45 days after the date of enactment of this Act a report
on the proposed uses of funds under this heading on a
regional and country basis.
In addition, for grants made by the Department of State to
the National Endowment for Democracy, as authorized by the
National Endowment for Democracy Act, $10,500,000 for small
grants for democracy programs in Egypt, Pakistan, Cuba, North

[[Page 20026]]

Korea, and the Democratic Republic of the Congo.

OTHER COMMISSIONS

Commission for the Preservation of America's Heritage Abroad

salaries and expenses

For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $647,000, as
authorized by section 1303 of Public Law 99-83.

United States Commission on International Religious Freedom

salaries and expenses

For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $4,350,000, to remain available until September 30,
2012: Provided, That notwithstanding the expenditure
limitation specified in section 208(c)(1) of such Act (22
U.S.C. 6435a(c)(1)), the Commission may expend up to $250,000
of the funds made available under this heading to procure
temporary and intermittent services under the authority of
section 3109(b) of title 5, United States Code.

Commission on Security and Cooperation in Europe

salaries and expenses

For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,715,000, to remain available until September 30, 2012.

Congressional-Executive Commission on the People's Republic of China

salaries and expenses

For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2012.

United States-China Economic and Security Review Commission

salaries and expenses

For necessary expenses of the United States-China Economic
and Security Review Commission, $3,625,000, including not
more than $4,000 for the purpose of official representation,
to remain available until September 30, 2012: Provided, That
the second through sixth provisos under this heading in
division F of Public Law 111-117 shall continue in effect
during fiscal year 2011 and shall apply as if part of this
Act.

TITLE II

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President

operating expenses

(including transfer of funds)

For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,392,000,000, of which up to $160,000,000 may remain
available until September 30, 2012: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development (USAID), unless the USAID Administrator has
identified such proposed construction (including architect
and engineering services), purchase, or long-term lease of
offices in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of
funds for such purposes: Provided further, That the previous
proviso shall not apply when the total cost of construction
(including architect and engineering services), purchase, or
long-term lease of offices does not exceed $1,000,000:
Provided further, That of the funds appropriated under this
heading that are available for capital investments related to
the Development Leadership Initiative, up to $37,457,000 may
remain available until September 30, 2014: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That any decision to open a new USAID
mission or office or, except where there is a substantial
security risk to mission personnel, to close or significantly
reduce the number of personnel of any such mission or office,
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance
Act of 1961 may be exercised by the Secretary of State to
transfer funds appropriated to carry out chapter 1 of part I
of such Act to ``Operating Expenses'' in accordance with the
provisions of those sections: Provided further, That of the
funds appropriated or made available under this heading, not
to exceed $250,000 may be available for representation and
entertainment allowances, of which not to exceed $5,000 may
be available for entertainment allowances, for USAID during
the current fiscal year: Provided further, That no such
entertainment funds may be used for the purposes listed in
section 7020 of this Act: Provided further, That appropriate
steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized
in lieu of dollars: Provided further, That not later than 45
days after enactment of this Act, the USAID Administrator
shall submit to the Committees on Appropriations a report
detailing planned expenditures for funds appropriated under
this heading.

civilian stabilization initiative

For necessary expenses to carry out section 667 of the
Foreign Assistance Act of 1961 for the United States Agency
for International Development (USAID) to support, maintain,
mobilize, and deploy a Civilian Response Corps in
coordination with the Department of State, and for related
reconstruction and stabilization assistance to prevent or
respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife,
$15,000,000, to remain available until September 30, 2012:
Provided, That not later than 45 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
submit a coordinated joint spending plan for funds made
available under this heading and under the heading ``Civilian
Stabilization Initiative'' in title I of this Act.

capital investment fund

For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $173,000,000, to remain available until expended, of
which not more than $122,100,000 may be made available for
the purpose of implementing the Capital Security Cost-Sharing
Program: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That
funds appropriated under this heading shall be available for
obligation only pursuant to the regular notification
procedures of the Committees on Appropriations.

office of inspector general

For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$46,500,000, to remain available until September 30, 2012,
which shall be available for the Office of Inspector General
of the United States Agency for International Development.

TITLE III

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2012,
unless otherwise specified herein, as follows:

global health and child survival

(including transfer of funds)

For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $2,722,000,000, which
shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount
shall be made available for training, equipment, and
technical assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; and
(6) family planning/reproductive health: Provided further,
That none of the funds appropriated under this paragraph may
be made available for nonproject assistance, except that
funds may be made available for such assistance for ongoing
health activities: Provided further, That funds appropriated
under this paragraph shall be made available for a United
States contribution to the GAVI Alliance: Provided further,
That none of the funds made available in this Act nor any
unobligated balances from prior appropriations Acts may be
made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
any determination made under the previous proviso must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the
performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided
further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under
this Act may be used

[[Page 20027]]

to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of
family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be
construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota
of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,500,000,000, to remain available until September 30,
2013, which shall be apportioned directly to the Department
of State: Provided, That of the funds appropriated under this
paragraph, not less than $825,000,000 shall be made
available, notwithstanding any other provision of law, except
for the United States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria (Global Fund), and
shall be expended at the minimum rate necessary to make
timely payment for projects and activities: Provided further,
That up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2011 may be made
available to USAID for technical assistance related to the
activities of the Global Fund: Provided further, That of the
funds appropriated under this paragraph, up to $14,250,000
may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of
the Office of the United States Global AIDS Coordinator:
Provided further, That funds appropriated for HIV/AIDS
programs and activities under this paragraph in this Act and
in prior acts making appropriations for the Department of
State, foreign operations, and related programs shall be
subject to the regular notification procedures of the
Committees on Appropriations, including reprogramming
requirements contained in sections 7015 and 7019 of this Act.

development assistance

For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $2,767,700,000: Provided, That relevant bureaus and
offices of the United States Agency for International
Development (USAID) that support cross-cutting development
programs shall coordinate such programs on a regular basis:
Provided further, That funds appropriated by this Act shall
be made available for water and sanitation supply projects
pursuant to the Paul Simon Water for the Poor Act of 2005
(Public Law 109-121): Provided further, That funds
appropriated by this Act for food security and agricultural
development programs may be made available notwithstanding
any other provision of law and shall be made available for a
United States contribution to the endowment of the Global
Crop Diversity Trust pursuant to section 3202 of Public Law
110-246: Provided further, That the USAID Administrator
should provide grants and cooperative agreements for private
voluntary organizations and cooperatives to carry out
agriculture, rural development and related programs
authorized under the Foreign Assistance Act of 1961: Provided
further, That of the funds appropriated in this Act for food
security and agricultural development programs, up to
$100,000,000 may be made available for payment by the
Secretary of the Treasury for a United States contribution to
a global food security fund: Provided further, That funds
appropriated under this heading shall be made available for
programs to improve women's leadership capacity in recipient
countries.

international disaster assistance

For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $851,000,000, to remain available
until expended.

transition initiatives

For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961,
$55,000,000, to remain available until expended, to support
transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided
further, That the United States Agency for International
Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interests of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees
on Appropriations.

complex crises fund

For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to enable the Administrator of
the United States Agency for International Development
(USAID), with the concurrence of the Secretary of State, to
support programs and activities to prevent or respond to
emerging or unforeseen complex crises overseas, $55,000,000,
to remain available until expended: Provided, That the
administrative authorities of the Foreign Assistance Act of
1961 shall be applicable to the funds appropriated under the
heading: Provided further, That funds appropriated under this
heading may be made available on such terms and conditions as
the USAID Administrator may determine, in consultation with
the Committees on Appropriations, for the purposes of
preventing or responding to such crises, except that no funds
shall be made available to respond to natural disasters:
Provided further, That funds appropriated under this heading
shall be made available notwithstanding section 10 of Public
Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956: Provided further, That funds
appropriated under this heading may be made available
notwithstanding any other provision of law, except sections
7007, 7008, and 7018 of this Act and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act:
Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations, except that such
notifications shall be transmitted at least 5 days in advance
of the obligation of funds: Provided further, That the
provisions of section 7015(e) of this Act shall apply to
funds made available under this heading.

development credit authority

(including transfer of funds)

For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development
(USAID), as authorized by sections 256 and 635 of the Foreign
Assistance Act of 1961, up to $35,000,000 may be derived by
transfer from funds appropriated by this Act to carry out
part I of such Act and under the heading ``Assistance for
Europe, Eurasia and Central Asia'': Provided, That funds
provided under this paragraph and funds provided as a gift
pursuant

[[Page 20028]]

to section 635(d) of the Foreign Assistance Act of 1961 shall
be made available only for micro and small enterprise
programs, urban programs, and other programs which further
the purposes of part I of such Act: Provided further, That
such costs, including the cost of modifying such direct and
guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans
under this Act or prior Acts, and funds used for such costs
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306
of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $1,000,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $8,300,000, which may
be transferred to, and merged with, funds made available
under the heading ``Operating Expenses'' in title II of this
Act: Provided, That funds made available under this heading
shall remain available until September 30, 2013.

economic support fund

(including transfer of funds)

For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$6,787,589,000: Provided, That of the funds appropriated
under this heading, $250,000,000 shall be available for
assistance for Egypt, of which not less than $20,000,000
shall be made available for democracy, human rights and
governance programs, and not less than $35,000,000 shall be
made available for education programs, of which not less than
$10,000,000 is for scholarships for Egyptian students with
high financial need: Provided further, That of the funds
appropriated under this heading, not more than $400,400,000
may be made available for assistance for the West Bank and
Gaza, except that up to an additional $9,300,000 may be made
available for such assistance from funds appropriated for the
Middle East Partnership Initiative: Provided further, That
not more than $200,000,000 of the funds provided for the West
Bank and Gaza shall be for cash transfer assistance: Provided
further, That funds appropriated under this heading that are
made available for assistance for Cyprus shall be used only
for scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions
and promote peace and cooperation between the two communities
on Cyprus: Provided further, That $12,000,000 of the funds
made available for assistance for Lebanon under this heading
shall be for scholarships for students in Lebanon with high
financial need: Provided further, That of the funds
appropriated under this heading, not less than $360,000,000
shall be made available for assistance for Jordan: Provided
further, That of the funds appropriated under this heading,
$195,000,000 shall be apportioned directly to the United
States Agency for International Development for alternative
development/institution building programs in Colombia:
Provided further, That of the funds appropriated under this
heading that are available for assistance for Colombia, not
less than $8,000,000 shall be transferred to, and merged
with, funds appropriated under the heading ``Migration and
Refugee Assistance'' and shall be made available only for
assistance to nongovernmental and international organizations
that provide assistance to Colombian refugees in neighboring
countries.

democracy fund

For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $115,000,000, of which $68,500,000 shall be made
available for the Human Rights and Democracy Fund of the
Bureau of Democracy, Human Rights and Labor, Department of
State, and $46,500,000 shall be made available for the Office
of Democracy and Governance of the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency
for International Development.

assistance for europe, eurasia and central asia

For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act, and
the Support for East European Democracy (SEED) Act of 1989,
$709,000,000, to remain available until September 30, 2012,
which shall be available, notwithstanding any other provision
of law, for assistance and for related programs for countries
identified in section 3 of the FREEDOM Support Act and
section 3(c) of the SEED Act: Provided, That funds
appropriated under this heading 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 for the use of economic
assistance: Provided further, That notwithstanding any
provision of this or any other Act, funds appropriated in
prior years under the headings ``Independent States of the
Former Soviet Union'' and similar headings and ``Assistance
for Eastern Europe and the Baltic States'' and similar
headings, and currencies generated by or converted from such
funds, shall be available for use in any country for which
funds are made available under this heading without regard to
the geographic limitations of the heading under which such
funds were originally appropriated: Provided further, That
funds made available for the Southern Caucasus region may be
used for confidence-building measures and other activities in
furtherance of the peaceful resolution of conflicts,
including in Nagorno-Karabakh.

Department of State

migration and refugee assistance

For necessary expenses, not otherwise provided for, to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code,
$1,685,000,000, to remain available until expended, of which
not less than $25,000,000 shall be made available for
refugees resettling in Israel, and not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements of international and
nongovernmental partners.

united states emergency refugee and migration assistance fund

For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $45,000,000, to remain
available until expended: Provided, That section 2(c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)(2)) is amended in paragraph (1) by striking
``President'' and inserting ``Secretary of State'' and in
paragraph (2) by striking ``$100,000,000'' and inserting
``$200,000,000''.

Independent Agencies

peace corps

(including transfer of funds)

For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501-2523), including the purchase
of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$425,000,000, to remain available until September 30, 2012:
Provided, That the Director of the Peace Corps may transfer
to the Foreign Currency Fluctuations Account, as authorized
by 22 U.S.C. 2515, an amount not to exceed $5,000,000:
Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made
available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading,
not to exceed $4,000 may be made available for entertainment
expenses: Provided further, That any decision to open, close,
significantly reduce, or suspend a domestic or overseas
office or country program shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that prior
consultation and regular notification procedures may be
waived when there is a substantial security risk to
volunteers or other Peace Corps personnel, pursuant to
section 7015(e) of this Act: Provided further, That not later
than 45 days after enactment of this Act, the Director shall
submit a spending plan to the Committees on Appropriations on
the proposed uses of funds under this heading: Provided
further, That none of the funds appropriated under this
heading shall be used to pay for abortions.

millennium challenge corporation

(including transfer of funds)

For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,105,000,000 to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation (the Corporation): Provided further,
That up to 10 percent of the funds appropriated under this
heading may be made available to carry out the purposes of
section 616 of the Millennium Challenge Act of 2003 for
fiscal year 2011: Provided further, That section 605(e)(4) of
the Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section
609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount
of the United

[[Page 20029]]

States Government funding anticipated for the duration of the
Compact: Provided further, That the Chief Executive Officer
of the Corporation shall notify the Committees on
Appropriations not later than 15 days prior to signing any
new country compact or new threshold country program;
terminating or suspending any country compact or threshold
country program; or commencing negotiations for any new
compact or threshold country program: Provided further, That
funds appropriated by this Act or any prior Act appropriating
funds for the Department of State, foreign operations, and
related programs that are made available for a Millennium
Challenge Compact and that are suspended or terminated by the
Chief Executive Officer of the Corporation shall be subject
to the regular notification procedures of the Committees on
Appropriations prior to re-obligation: Provided further, That
of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and
entertainment allowances, of which not to exceed $5,000 may
be available for entertainment allowances.

inter-american foundation

For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$24,500,000: Provided, That of the funds appropriated under
this heading, not to exceed $2,000 may be available for
entertainment and representation allowances.

african development foundation

For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533), $30,500,000: Provided, That funds
made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board
of Directors of the Foundation: Provided further, That
interest earned shall be used only for the purposes for which
the grant was made: Provided further, That notwithstanding
section 505(a)(2) of the African Development Foundation Act,
in exceptional circumstances the Board of Directors of the
Foundation may waive the $250,000 limitation contained in
that section with respect to a project and a project may
exceed the limitation by up to 10 percent if the increase is
due solely to foreign currency fluctuation: Provided further,
That the Foundation shall provide a report to the Committees
on Appropriations after each time such waiver authority is
exercised.

Department of the Treasury

international affairs technical assistance

For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until September 30, 2013,
which shall be available notwithstanding any other provision
of law.

debt restructuring

For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V
of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed
countries, as authorized under section 411 of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, of concessional loans, guarantees and credit
agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees
made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section
1000(a)(5) of Public Law 106-113, $56,000,000, to remain
available until September 30, 2013: Provided, That not less
than $20,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part V
of the Foreign Assistance Act of 1961: Provided further, That
up to $36,000,000 of the funds appropriated under this
heading may be for the United States share of an increase in
the resources of the Fund for Special Operations of the
Inter-American Development Bank in furtherance of providing
debt relief to Haiti in view of the Cancun Declaration of
March 21, 2010: Provided further, That amounts paid to the
Heavily Indebted Poor Countries (HIPC) Trust Fund may be used
only to fund debt reduction under the enhanced HIPC
initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:

Provided further, That funds may not be paid to the HIPC
Trust Fund for the benefit of any country if the Secretary of
State has credible evidence that the central government of
such country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in
military or civil conflict that undermines its ability to
develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end:
Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and
international financial institutions are expected to benefit
from a United States contribution to the HIPC Trust Fund
during the fiscal year: Provided further, That the Secretary
of the Treasury shall notify the Committees on Appropriations
not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC
Trust Fund of amounts for such countries and institutions:
Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC
Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave''
loans; and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:

Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically
elected government has taken office.

TITLE IV

INTERNATIONAL SECURITY ASSISTANCE

Department of State

international narcotics control and law enforcement

(including transfer of funds)

For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,590,000,000, to remain
available until September 30, 2012: Provided, That during
fiscal year 2011, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of
1961, without regard to its restrictions, to receive excess
property from an agency of the United States Government for
the purpose of providing it to a foreign country or
international organization under chapter 8 of part I of that
Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a country-
by-country basis for each proposed program, project, or
activity: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b)
of the Foreign Assistance Act of 1961 shall be made available
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading, $5,000,000 should be
made available to combat piracy of United States copyrighted
materials, consistent with the requirements of section 688(a)
and (b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161): Provided further, That of the funds
appropriated under this heading, $15,000,000 shall be
apportioned directly to the United States Agency for
International Development (USAID) for institution building,
judicial reform, anti-corruption, rule of law activities, and
sustainable development programs in Mexico and may be
transferred to, and merged with, funds appropriated under the
heading ``Economic Support Fund'' to continue programs
administered by USAID: Provided further, That none of the
funds appropriated under this heading for assistance for
Colombia shall be made available for budget support or as
cash payments: Provided further, That none of the funds
appropriated under this heading shall be made available for
assistance for the Bolivian military and police unless the
Secretary of State determines and reports to the Committees
on Appropriations that the Government of Bolivia is
investigating, prosecuting, and punishing military and police
personnel who have been credibly alleged to have violated
internationally recognized human rights.

nonproliferation, anti-terrorism, demining and related programs

For necessary expenses for nonproliferation, anti-
terrorism, demining and related

[[Page 20030]]

programs and activities, $740,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part
II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency, and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided, That of the funds made
available under this heading, not to exceed $57,000,000, to
remain available until expended, may be made available for
the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation,
disarmament and weapons destruction: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds made available for the Nonproliferation
and Disarmament Fund shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That funds
appropriated under this heading may be made available for the
IAEA unless the Secretary of State determines that Israel is
being denied its right to participate in the activities of
that Agency: Provided further, That of the funds appropriated
under this heading, not more than $500,000 may be made
available for public-private partnerships for conventional
weapons and mine action by grant, cooperative agreement or
contract: Provided further, That of the funds made available
for demining and related activities, not to exceed $700,000,
in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the
operation and management of the demining program: Provided
further, That funds appropriated under this heading that are
available for ``Anti-terrorism Assistance'' and ``Export
Control and Border Security'' shall remain available until
September 30, 2012.

peacekeeping operations

For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$305,000,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, up to $81,918,000, to
remain available until September 30, 2012, may be made
available to pay assessed expenses of international
peacekeeping activities in Somalia, subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that such funds
should not be made available unless the Secretary of State
reports to the Committees on Appropriations that
indiscriminate shelling and other abuses of civilians by
African Union Mission troops are being addressed: Provided
further, That funds appropriated under this heading should
not be used to support any military training or operations
that include child soldiers: Provided further, That of the
funds appropriated under this heading, not less than
$26,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That none of the funds
appropriated under this heading shall be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations.

Funds Appropriated to the President

international military education and training

For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$107,000,000, of which up to $3,500,000 may remain available
until expended and may only be provided through the regular
notification procedures of the Committees on Appropriations:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds made available
under this heading for assistance for Angola, Bangladesh,
Cameroon, Central African Republic, Chad, Cote d'Ivoire,
Democratic Republic of the Congo, Ethiopia, Guatemala,
Guinea, Haiti, Indonesia, Kenya, Libya, Nepal, Nigeria, and
Sri Lanka may only be provided through the regular
notification procedures of the Committees on Appropriations
and any such notification shall include a detailed
description of proposed activities: Provided further, That of
the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment allowances.

foreign military financing program

For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $5,440,000,000: Provided, That to expedite the
provision of assistance to foreign countries and
international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the
clearance of unexploded ordnance, and related activities, and
may include activities implemented through nongovernmental
and international organizations: Provided further, That of
the funds appropriated under this heading, not less than
$3,000,000,000 shall be available for grants only for Israel,
and not less than $1,300,000,000 shall be made available for
grants only for Egypt, including for border security programs
and activities in the Sinai: Provided further, That the funds
appropriated under this heading for assistance for Israel
shall be disbursed within 30 days of enactment of this Act:
Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants
made available for Israel under this heading shall, as agreed
by the United States and Israel, be available for advanced
weapons systems, of which not less than $789,000,000 shall be
available for the procurement in Israel of defense articles
and defense services, including research and development:
Provided further, That funds appropriated under this heading
estimated to be outlayed for Egypt during fiscal year 2011
shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of
enactment of this Act: Provided further, That of the funds
appropriated under this heading, $300,000,000 shall be made
available for assistance for Jordan: Provided further, That
none of the funds made available under this heading shall be
made available to support or continue any program initially
funded under the authority of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456) unless the Secretary of State, in
coordination with the Secretary of Defense, has justified
such program to the Committees on Appropriations: Provided
further, That funds appropriated or otherwise made available
under this heading shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this
heading shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided
further, That none of the funds appropriated under this
heading may be made available for assistance for Nepal, Sri
Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
and Herzegovina, Haiti, Guatemala, Ethiopia, Cambodia, Kenya,
Chad, and the Democratic Republic of the Congo except
pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That only
those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal
year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading
for procurement of defense articles, defense services or
design and construction services that are not sold by the
United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make
timely payment for defense articles and services: Provided
further, That not more than $56,583,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That of
the funds appropriated under this heading for general costs
of administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed

[[Page 20031]]

$130,000 may be available for representation allowances:
Provided further, That not more than $749,597,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2011 pursuant to
section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.

pakistan counterinsurgency capability fund

(including transfer of funds)

For necessary expenses to carry out the provisions of
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of
the Foreign Assistance Act of 1961 and section 23 of the Arms
Export Control Act, $1,000,000,000, to remain available until
September 30, 2012, for the purpose of providing assistance
for Pakistan to build and maintain the counterinsurgency
capability of Pakistani security forces (including the
Frontier Corps), to include program management, training in
civil-military humanitarian assistance, human rights
training, and the provision of equipment, supplies, services,
training, and facility and infrastructure repair, renovation,
and construction: Provided, That notwithstanding any other
provision of law, such funds shall be available to the
Secretary of State, with the concurrence of the Secretary of
Defense: Provided further, That such funds may be transferred
by the Secretary of State to the Department of Defense or
other Federal departments or agencies to support
counterinsurgency operations and may be merged with, and be
available, for the same purposes and for the same time period
as the appropriation or fund to which transferred or may be
transferred pursuant to the authorities contained in the
Foreign Assistance Act of 1961: Provided further, That the
Secretary of State shall, not fewer than 15 days prior to
making transfers from this appropriation, notify the
Committees on Appropriations, in writing, of the details of
any such transfer: Provided further, That the Secretary of
State shall submit not later than 30 days after the end of
each fiscal quarter to the Committees on Appropriations a
report in writing summarizing, on a project-by-project basis,
the uses of funds under this heading: Provided further, That
upon determination by the Secretary of State, with the
concurrence of the Secretary of Defense, that all or part of
the funds so transferred from this appropriation are not
necessary for the purposes herein, such amounts may be
transferred by the head of the relevant Federal department or
agency back to this appropriation and shall be available for
the same purposes and for the same time period as originally
appropriated: Provided further, That any required
notification or report may be submitted in classified form.

TITLE V

MULTILATERAL ASSISTANCE

Funds Appropriated to the President

international organizations and programs

For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $395,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to contributions to the United Nations Democracy
Fund.

international financial institutions

global environment facility

For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $143,750,000, to
remain available until expended.

contribution to the international development association

For payment to the International Development Association by
the Secretary of the Treasury, $1,235,000,000, to remain
available until expended.

contribution to the clean technology fund

For payment to the International Bank for Reconstruction
and Development as trustee for the Clean Technology Fund by
the Secretary of the Treasury, $315,000,000, to remain
available until expended.

contribution to the strategic climate fund

For payment to the International Bank for Reconstruction
and Development as trustee for the Strategic Climate Fund by
the Secretary of the Treasury, $205,000,000, to remain
available until expended.

global food security fund

For payment as a contribution to a global food security
fund by the Secretary of the Treasury, $215,000,000, to
remain available until expended.

contribution to the inter-american development bank

For payment to the Inter-American Investment Corporation by
the Secretary of the Treasury, $21,000,000, to remain
available until expended.

contribution to the enterprise for the americas multilateral investment
fund

For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury,
$25,000,000, to remain available until expended.

contribution to the asian development bank

For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of increase in capital stock, $106,586,000, to remain
available until expended.

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.

contribution to the asian development fund

For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$77,000,000, to remain available until expended.

contribution to the african development fund

For payment to the African Development Fund by the
Secretary of the Treasury, $150,000,000, to remain available
until expended.

contribution to the international fund for agricultural development

For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.

TITLE VI

EXPORT AND INVESTMENT ASSISTANCE

Export-Import Bank of the United States

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $3,000,000, to remain available until
September 30, 2012.

program account

The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act: Provided further, That
the use of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank during the
current fiscal year should not result in greenhouse gas
emissions from the extraction or production of fossil fuels
and the use of fossil fuels in electricity generation
exceeding the total amount of such emissions resulting from
the use of such authority during fiscal year 2007, unless not
less than 15 days prior to the use of such authority the
Export-Import Bank provides written notification to the
Committees on Appropriations that the use of such authority
would result in greenhouse gas emissions exceeding such
amount and indicating the amount of the increase, and posts
such notification on the Bank's Web site: Provided further,
That not less than 10 percent of such aggregate should be
used for renewable energy technology and end-use energy
efficiency technologies.

subsidy appropriation

For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, not to exceed
$82,000,000: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
such funds shall remain available until September 30, 2026,
for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 2011,
2012, 2013, and 2014: Provided further, That none of the
funds appropriated by this Act or any prior Acts
appropriating funds for the Department of State, foreign
operations, and related programs for tied-aid credits or
grants may be used for any other purpose except through the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by
this paragraph are made available notwithstanding section
2(b)(2) of the Export-Import Bank Act of 1945, in connection
with the purchase or lease of any product by any Eastern
European country, any Baltic State or any agency or national
thereof.

administrative expenses

For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5
U.S.C. 3109, and not to exceed $30,000 for official reception
and representation expenses for members of the Board of
Directors, not to

[[Page 20032]]

exceed $99,000,000: Provided, That the Export-Import Bank may
accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for
a loan, guarantee or insurance commitment has been made:
Provided further, That 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 for the purposes of this heading:
Provided further, That notwithstanding subsection (b) of
section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2011.

receipts collected

Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount
appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as
to result in a final fiscal year appropriation from the
General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2011 in excess of obligations shall
become available on September 1, 2011 and shall remain
available until September 30, 2014.

Overseas Private Investment Corporation

noncredit account

The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $53,946,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.

program account

For the cost of direct and guaranteed loans, $29,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such sums shall be available for
direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2011, 2012, and 2013:
Provided further, That funds so obligated in fiscal year 2011
remain available for disbursement through 2019; funds
obligated in fiscal year 2012 remain available for
disbursement through 2020; and funds obligated in fiscal year
2013 remain available for disbursement through 2021: Provided
further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification
procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.

Funds Appropriated to the President

trade and development agency

For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$55,200,000, to remain available until September 30, 2012:
Provided, That of the funds appropriated under this heading,
not more than $4,000 may be available for representation and
entertainment allowances.

TITLE VII

GENERAL PROVISIONS

allowances and differentials

Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
5 U.S.C. 3109; and for hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).

unobligated balances report

Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative balances
by program, project, and activity of the funds received by
such department or agency in this fiscal year or any previous
fiscal year that remain unobligated and unexpended: Provided,
That such report should disaggregate such funds by fiscal
year as soon as practicable.

consulting services

Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.

embassy construction

Sec. 7004. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct
a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a
Federal agency or department if the Secretary of State
determines that such department or agency has not provided to
the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted
into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as
amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United
States may include office space or other accommodations for
members of the United States Marine Corps.
(c) Funds appropriated by this Act, and any prior Act
making appropriations for the Department of State, foreign
operations, and related programs, which may be made available
for the acquisition of property for diplomatic facilities in
Afghanistan, Pakistan, and Iraq, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(d) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in title
I of this Act may be made available for construction of the
New London Embassy.

personnel actions

Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.

local guard contracts

Sec. 7006. In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in
accordance with section 136 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined
by a cost-technical tradeoff analysis (as described in
Federal Acquisition Regulation part 15.101) in Iraq,
Afghanistan, and Pakistan, notwithstanding subsection (c)(3)
of such section: Provided, That the authority in this section
shall apply to any options for renewal that may be exercised
under such contracts that are awarded during the current
fiscal year: Provided further, That prior to issuing a
solicitation for a contract to be awarded pursuant to the
authority under this section, the Secretary of State shall
consult with the Committees on Appropriations.

prohibition against direct funding for certain countries

Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of
the Export-Import Bank or its agents.

coups d'etat

Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by coup d'etat or
decree: Provided, That assistance may be resumed to such
government if the President determines and certifies to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to

[[Page 20033]]

assistance to promote democratic elections or public
participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall
be subject to the regular notification procedures of the
Committees on Appropriations.

transfer authority

Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be
transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 7015(a) and (b) of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2011, for programs
under title VI of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such
Act, with funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Global
Health and Child Survival'', ``Development Assistance'', and
``Economic Support Fund'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were
not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days
prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds, consults
with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General for the
agency receiving the transfer or allocation of such funds
shall perform periodic program and financial audits of the
use of such funds: Provided, That funds transferred under
such authority may be made available for the cost of such
audits.

reporting requirement

Sec. 7010. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2011,
and for each fiscal quarter, a report in writing on the uses
of funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.

availability of funds

Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1, 8, 11, and 12 of part I, section
661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
the Foreign Assistance Act of 1961, section 23 of the Arms
Export Control Act, and funds provided under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``Democracy Fund'', ``Pakistan Counterinsurgency Capability
Fund'', and ``Development Credit Authority'', shall remain
available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired,
if such funds are initially obligated before the expiration
of their respective periods of availability contained in this
Act: Provided further, That notwithstanding any other
provision of this Act, any funds made available for the
purposes of chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall
remain available until expended.

limitation on assistance to countries in default

Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of one calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.

prohibition on taxation of united states assistance

Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2011 on funds appropriated by this Act by a foreign
government or entity against commodities financed under
United States assistance programs for which funds are
appropriated by this Act, either directly or through
grantees, contractors and subcontractors shall be withheld
from obligation from funds appropriated for assistance for
fiscal year 2012 and allocated for the central government of
such country and for the West Bank and Gaza program to the
extent that the Secretary of State certifies and reports in
writing to the Committees on Appropriations that such taxes
have not been reimbursed to the Government of the United
States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not
assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States assistance or
which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities
financed with United States assistance for programs for which
funds are appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the

[[Page 20034]]

government of the country receiving assistance that describes
the privileges and immunities applicable to United States
foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.

reservations of funds

Sec. 7014. (a) Funds appropriated under titles II through
VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision
of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the United
States Agency for International Development (USAID) that are
specifically designated for particular programs or activities
by this or any other Act shall be extended for an additional
fiscal year if the USAID Administrator determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such
designated funds can be obligated during the original period
of availability: Provided, That such designated funds that
continue to be available for an additional fiscal year shall
be obligated only for the purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.

reprogramming notification requirements

Sec. 7015. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies
and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or
other offsetting collections, or made available by transfer,
to the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) closes or opens a mission or
post; (6) establishes, reorganizes, or renames offices or
bureaus; (7) reorganizes programs or activities; or (8)
contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under
previous appropriations Acts to the agency or department
funded under title I of this Act that remain available for
obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agency or
department funded under title I of this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through VI in this Act under
the headings ``Global Health and Child Survival'',
``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International
Narcotics Control and Law Enforcement'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Economic Support
Fund'', ``Democracy Fund'', ``Peacekeeping Operations'',
``Capital Investment Fund'', ``Operating Expenses'',
``Civilian Stabilization Initiative'', ``Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'',
``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peace Corps'', shall
be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on
Appropriations are notified 15 days in advance: Provided,
That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days
in advance of such commitment: Provided further, That
requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are
appropriated under titles II through IV of this Act of less
than 10 percent of the amount previously justified to the
Congress for obligation for such activity, program, or
project for the current fiscal year.
(d) Notwithstanding any other provision of law, with the
exception of funds transferred to, and merged with, funds
appropriated under title I of this Act, funds transferred by
the Department of Defense to the Department of State and the
United States Agency for International Development for
assistance for foreign countries and international
organizations (including for infrastructure projects in
Afghanistan), and funds made available for programs
authorized by section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(e) The requirements of this section or any similar
provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial
risk to human health or welfare: Provided, That in case of
any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) None of the funds appropriated under titles III through
VI of this Act shall be obligated or expended for assistance
for Serbia, Sudan, Zimbabwe, Afghanistan, Pakistan, Dominican
Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal,
Colombia, Burma, Yemen, Mexico, Kazakhstan, Somalia, Sri
Lanka, or Cambodia and countries listed in section 7044(c)(3)
of this Act except as provided through the regular
notification procedures of the Committees on Appropriations.

notification on excess defense equipment

Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as other committees pursuant to
subsection (f) of that section: Provided, That before issuing
a letter of offer to sell excess defense articles under the
Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with
the regular notification procedures of such Committees if
such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or
are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.

limitation on availability of funds for international organizations and
programs

Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles III through VI of this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, which are returned or not
made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance
Act of 1961, shall remain available for obligation until
September 30, 2012.

prohibition on funding for abortions and involuntary sterilization

Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method

[[Page 20035]]

of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.

allocations

Sec. 7019. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries
in the amounts contained in the respective tables included in
the explanatory statement accompanying this Act:
``Diplomatic and Consular Programs'';
``Educational and Cultural Exchange Programs'';
``International Fisheries Commissions'';
``International Broadcasting Operations'';
``Operating Expenses'';
``Global Health and Child Survival'';
``Development Assistance'';
``Democracy Fund'';
``Economic Support Fund'';
``Assistance for Europe, Eurasia and Central Asia'';
``International Narcotics Control and Law Enforcement'';
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'';
``Peacekeeping Operations'';
``International Military Education and Training'';
``Foreign Military Financing Program''; and
``International Organizations and Programs''.
(b) For the purposes of implementing this section and only
with respect to the tables included in the explanatory
statement accompanying this Act, the Secretary of State, the
Administrator of the United States Agency for International
Development and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced
in subsection (a), subject to the regular notification
procedures of the Committees on Appropriations.
(c) The requirements contained in subsection (a) shall
apply to the tables under the headings ``Bilateral Economic
Assistance'' and ``General Provisions'' in the explanatory
statement.
(d) For the purposes of division K of this Act and unless
otherwise specified, the term ``explanatory statement'' shall
mean the matter in division K of the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).

prohibition of payment of certain expenses

Sec. 7020. None of the funds appropriated or otherwise
made available by this Act under the headings ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Global Health and Child Survival'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.

prohibition on assistance to governments supporting international
terrorism

Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export
Administration Act of 1979: Provided, That the prohibition
under this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment: Provided further, That this section
applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national
interests of the United States.
(3) Whenever the President makes a determination pursuant
to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any
such title in prior acts making appropriations for the
Department of State, foreign operations, and related
programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
or
(B) otherwise supports international terrorism.
(2) The President may waive the application of paragraph
(1) to a government if the President determines that national
security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver
in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.

limitation on use of funds in contravention of certain laws

Sec. 7022. None of the funds made available in this Act or
prior Acts may be used in contravention of any provision of,
or amendment made by, this Act, unless such authority is
expressly provided in statute: Provided, That if a
determination is made on constitutional grounds by the
executive branch that any provision of law covered by the
preceding sentence shall not apply, the head of the relevant
Federal agency shall notify the Committees on Appropriations
in writing within 5 days of such determination, the basis for
such determination and any resulting changes to program and
policy.

authorization requirements

Sec. 7023. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672, section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).

definition of program, project, and activity

Sec. 7024. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the
United States Agency for International Development ``program,
project, and activity'' shall also be considered to include
central, country, regional, and program level funding, either
as: (1) justified to the Congress; or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within 30 days of the
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.

authorities for the peace corps, inter-american foundation and african
development foundation

Sec. 7025. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That the agency shall promptly
report to the Committees on Appropriations whenever it is
conducting activities or is proposing to conduct activities
in a country for which assistance is prohibited.

commerce, trade and surplus commodities

Sec. 7026. (a) None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in
the

[[Page 20036]]

judgment of its Board of Directors the benefits to industry
and employment in the United States are likely to outweigh
the injury to United States producers of the same, similar,
or competing commodity, and the Chairman of the Board so
notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
(c)(1) The Secretary of the Treasury shall instruct the
United States executive directors of the international
financial institutions to use the voice and vote of the
United States to oppose any assistance by such institutions,
using funds appropriated or made available pursuant to titles
III through VI of this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or
competing commodity.
(2) For the purposes of this Act the term ``international
financial institutions'' shall mean the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund.

separate accounts

Sec. 7027. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States
Agency for International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the
amount of local currency (and United States dollar
equivalent) used and/or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the regular notification procedures of the Committees
on Appropriations.

assistance for nongovernmental organizations

Sec. 7028. (a) Section 123 of the Foreign Assistance Act of
1961 (22 U.S.C. 2151u) is amended at the end by adding the
following new subsection:
``(i)(1) Restrictions contained in this or any other Act
with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from--
``(A) funds made available to carry out this chapter and
chapters 10, 11, and 12 of part I and chapter 4 of part II;
or
``(B) funds made available for economic assistance
activities under the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
``(2) The President shall submit to Congress, in accordance
with section 634A, advance notice of an intent to obligate
funds under the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations.
``(3) Assistance may not be furnished through
nongovernmental organizations to the central government of a
country under the authority of this subsection, but
assistance may be furnished to local, district, or
subnational government entities under such authority.''.
``(4) Exception.--This subsection shall not apply--
``(A) with respect to section 620A of this Act or any
comparable provision of law prohibiting assistance to
countries that support international terrorism; or
``(B) with respect to section 116 of this Act or any
comparable provision of law prohibiting assistance to the
government of a country that violates internationally
recognized human rights.''.
(b) Public Law 480.--During fiscal year 2011, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.

impact on jobs in the united states

Sec. 7029. None of the funds appropriated under titles III
through VI of this Act may be obligated or expended to
provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture.

international financial institutions

Sec. 7030. (a) None of the funds appropriated in title V of
this Act may be made as payment to any international
financial institution while the United States executive
director to such institution is compensated by

[[Page 20037]]

the institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose any loan, grant, strategy or policy of
such institution that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention, care and treatment for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
health, in connection with such institution's financing
programs.
(c) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund
(the Fund) to use the voice and vote of the United States to
oppose any loan, project, agreement, memorandum, instrument,
plan, or other program of the Fund to a Heavily Indebted Poor
Country that imposes budget caps or restraints that do not
allow the maintenance of or an increase in governmental
spending on health care or education; and to promote
government spending on healthcare, education, food aid, or
other critical safety net programs in all of the Fund's
activities with respect to Heavily Indebted Poor Countries.

debt-for-development

Sec. 7031. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.

authority to engage in debt buybacks or sales

Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of
payment from an eligible purchaser, reduce or cancel such
loan or portion thereof, only for the purpose of
facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
Foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section: Provided, That such agency shall make adjustment in
its accounts to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.

special debt relief for the poorest

Sec. 7033. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance
to a country: Provided, That the authority provided by
subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321
of the International Development and Food Assistance Act of
1975.

special provisions

Sec. 7034. (a) Afghanistan, Pakistan, Iraq, Lebanon,
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated under titles III through VI of this Act
that are made available for assistance for Afghanistan may be
made available notwithstanding section 7012 of this Act or
any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated under titles
III and VI of this Act that are made available for assistance
for Pakistan, Iraq, and Lebanon and for victims of war,
displaced children, displaced Burmese, and to assist victims
of trafficking in persons and, subject to the regular
notification procedures of the Committees on Appropriations,
to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Waiver.--
(1) The President may waive the provisions of section 1003
of Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the Committees on Appropriations that it is important to the
national security interests of the United States.
(2) Period of application of waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(c) Small Business.--In entering into multiple award
indefinite-quantity contracts

[[Page 20038]]

with funds appropriated by this Act, the United States Agency
for International Development (USAID) may provide an
exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any
category of small or small disadvantaged business.
(d) Authority Repealed.--Section 564(g)(4) of Public Law
106-429 and section 3204(f) of division B of Public Law 106-
246, as amended, are hereby repealed.
(e) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(f) Extension of Authority.--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 ``2010'' each place it
appears and inserting ``2011''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2010'' and inserting ``2011''.
(g) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance, USAID,
from this or any other Act, $10,000,000 shall be made
available as a general contribution to the World Food
Program, notwithstanding any other provision of law.
(h) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive order, funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', and ``Transition
Initiatives'' may be made available to support programs to
disarm, demobilize, and reintegrate into civilian society
former members of foreign terrorist organizations: Provided,
That the Secretary of State shall consult with the Committees
on Appropriations prior to the obligation of funds pursuant
to this subsection: Provided further, That for the purposes
of this subsection the term ``foreign terrorist
organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act.
(i) Personnel.--The authority provided by section 1113 of
Public Law 111-32 shall remain in effect through fiscal year
2011: Provided, That none of the funds appropriated or
otherwise made available by this Act 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.
(j) Contingencies.--During fiscal year 2011, the President
may use up to $75,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(k) Consolidation of Reports.--The Secretary of State, in
coordination with the USAID Administrator, shall submit to
the Committees on Appropriations not later than 90 days after
enactment of this Act recommendations for the consolidation
or combination of reports (including plans and strategies)
that are called for by any provision of law to be submitted
to the Congress and that are substantially duplicative of
others called for by any other provision of law: Provided,
That reports are considered ``substantially duplicative'' if
they are required to address at least more than half of the
same substantive factors, criteria and issues that are
required to be addressed by any other report, and any such
consolidated report must address all the substantive factors,
criteria and issues required to be addressed in each of the
individual reports: Provided further, That reports affected
by this subsection are those within the purview of, or
prepared primarily by, the Department of State and USAID and
that relate to matters addressed under this Act or any other
Act authorizing or appropriating funds for use by, or actions
of, the Department of State or USAID.
(l) Program for Research and Training on Eastern Europe and
the Independent States of the Former Soviet Union.--Of the
funds appropriated by this Act under the heading, ``Economic
Support Fund'', not less than $5,000,000 shall be made
available to carry out the Program for Research and Training
on Eastern Europe and the Independent States of the Former
Soviet Union (title VIII) as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501-
4508, as amended).
(m) International Fund for Ireland.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
this Act, $15,000,000 shall be made available for the United
States contribution to the International Fund for Ireland to
carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99-415): Provided, That such amount shall be
expended at the minimum rate necessary to make timely payment
for projects and activities.
(n) Democracy Promotion.--
(1) Funds made available by this Act that are made
available for the promotion of democracy may be made
available notwithstanding any other provision of law, and
with regard to the National Endowment for Democracy, any
regulation.
(2) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the
rule of law, and otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states, institutions, and practices
that are responsive and accountable to citizens.
(3) Any contract, grant, or cooperative agreement (or any
amendment to any contract, grant or cooperative agreement) in
excess of $1,000,000 of funds under the heading ``Democracy
Fund'', and in excess of $1,000,000 under other headings in
this Act for the promotion of democracy, with the exception
of programs and activities of the National Endowment for
Democracy, shall be subject to the regular notification
procedures of the Committees on Appropriations.
(4) With respect to the provision of assistance for
democracy, human rights and governance activities in this
Act, the organizations implementing such assistance and the
specific nature of that assistance shall not be subject to
the prior approval by the government of any foreign country.
(5) Of the funds appropriated under title III of this Act
that are made available for the promotion of democracy, up to
$20,000,000 shall be made available to expand access to
information and communications through the Internet, and
shall be used for programs that provide unmonitored and
uncensored access to the Internet for large numbers of users
living in closed societies that have acutely hostile Internet
environments: Provided, That such funds, and any unobligated
funds appropriated in prior Acts making appropriations for
the Department of State, foreign operations and related
programs for Internet freedom, shall not be obligated until
the Secretary of State, in coordination with the USAID
Administrator and the Broadcasting Board of Governors,
submits to the Committees on Appropriations, in classified
form if necessary, a detailed, multi-year strategy to promote
Internet freedom abroad, including goals and objectives,
funding data by Federal agency, program and fiscal year, and
a detailed description of the following--
(A) mechanisms and tools, inluding censorship circumvention
technology, to be used to promote expanded access and freedom
via the Internet and other forms of connection technology,
especially for people living in countries whose governments
censor, monitor, distort, and restrict the Internet and other
forms of media;
(B) the countries which will be focal points for such
strategy, and an assessment of options to reach the largest
number of people in each country;
(C) projected outcomes and metrics for measuring the impact
and sustainability of programs established by such funds; and
(D) an assessment of the effectiveness of the uses of
previously appropriated funds for this purpose.
(o) Accountability Review Boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect through September 30, 2011.
(p) Partner Vetting.--Funds appropriated by this Act may be
used to implement a Partner Vetting System (PVS) pilot
program, including necessary rulemaking: Provided, That any
such PVS pilot program shall apply equally to the programs
and activities of the Department of State and USAID: Provided
further, That the Secretary of State and the USAID
Administrator shall jointly consult with the Committees on
Appropriations not later than 30 days after enactment of this
Act on progress implementing the PVS pilot program, and
preliminary results: Provided further, That such funds shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(q) Modification Date of Report.--Section 102(b)(1) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1) is amended by striking ``September 1'' and
inserting ``April 1''.
(r) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The Secretary of
State shall implement section 203(a)(2) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (Public Law 110-457): Provided, That in
determining whether to suspend the issuance of A-3 or G-5
visas to applicants seeking to work for officials of a
diplomatic mission or international organization, the
Secretary shall consider whether a final court judgment has
been issued against a current or former employee of such
mission or organization (and the time period for a final
appeal

[[Page 20039]]

has expired) or whether the Department of State has requested
that immunity of individual diplomats or family members be
waived to permit criminal prosecution: Provided further, That
the Secretary should continue to assist in obtaining payment
of final court judgments awarded to A-3 and G-5 visa holders,
including encouraging the sending states to provide
compensation directly to victims: Provided further, That the
Secretary shall include, in a manner the Secretary deems
appropriate, all trafficking cases involving A-3 or G-5 visa
holders in the Trafficking in Persons annual report for which
a final civil judgment has been issued (and the time period
for final appeal has expired) or the Department of Justice
has determined that the United States Government would seek
to indict the diplomat or a family member but for diplomatic
immunity.
(s) Modification of Amendment.--Section 620J of the Foreign
Assistance Act of 1961 (Limitation on Assistance to Security
Forces) is amended as follows:
(1) by redesignating the section as section 620M;
(2) in subsection (a), by striking ``evidence'' and
inserting ``information'' and by striking ``gross
violations'' and inserting ``a gross violation''; and
(3) by adding the following subsection:
``(d) Credible Information.--Not later than 180 days after
the enactment of this section, the Secretary shall establish
procedures to--
``(1) ensure that information about gross violations of
human rights by units of the security forces of a foreign
country is gathered and received (including from United
States Government sources and from individuals and
organizations outside the United States Government),
maintained, and evaluated; and
``(2) identify the unit involved when credible information
of a gross violation exists but the identity of the unit is
lacking.''
(t) Sections Repealed.--Sections 494, 495, and 495B through
495K of the Foreign Assistance Act of 1961, and section 1511
of the Foreign Affairs Agencies Consolidation Act of 1998
(Public Law 105-277), are hereby repealed.
(u) Mid-career Pilot Program.--Notwithstanding any other
provision of law, funds appropriated under the heading
``Diplomatic and Consular Programs'' shall be made available
for a pilot program to recruit, hire, and train up to 25 mid-
career professionals for the Foreign Service: Provided, That
the Secretary of State shall consult with the Committees on
Appropriations on the parameters of such a pilot program.
(v) Videoconference Interviews.--
(1) The Secretary of State shall develop and conduct a
pilot program for the processing of tourist visas using
secure remote videoconferencing technology as a method for
conducting visa interviews of applicants, and shall work with
other Federal agencies that use such secure communications to
help ensure security of the videoconferencing transmission
and encryption.
(2) Not later than 90 days after the end of the pilot
program the Secretary of State shall submit a report to the
Committees on Appropriations detailing the results of such
program including recommendations on whether it should be
continued, broadened, or modified.
(3) The Secretary of State may waive the requirement of
paragraph (1) if the Secretary determines and reports to the
Committees on Appropriations that such program poses an undue
security risk, such that it cannot be done in a manner
consistent with maintaining security controls.
(w) Annuitant Waiver.--
(1) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) is amended--
(A) in paragraph (1)(B), by striking ``to facilitate the''
and all that follows through ``Afghanistan,'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(2) Section 61 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(2)
by striking ``2010'' and inserting ``2012''.
(3) Section 625 of the Foreign Assistance Act of 1961 (22
U.S.C. 2385) is amended in subsection (j)(1)(B) by striking
``2010'' and inserting ``2012''.
(x) Fees.--
(1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) is amended by striking ``2010'' and
inserting instead ``2011''.
(2) Section 410(a)(1)(A) of title IV of the Department of
State and Related Agencies Appropriations Act, 1999
(contained in division A of Public Law 105-277) is amended by
striking ``a fee of $13'' and inserting ``a fee of not to
exceed half the amount of the fee that would otherwise apply
for processing a machine readable combined border crossing
identification card and non-immigrant visa, and may be
increased not more than 50 percent in a fiscal year''.
(y) Victims Compensation.--Of the funds appropriated under
the heading ``Diplomatic and Consular Programs'' in this Act,
up to $4,000,000 may be made available for the purposes
described in the sixth proviso, under the terms and
conditions of the seventh proviso, under such heading in
division J of Public Law 110-161: Provided, That these funds
are in addition to the amount previously appropriated for
such purposes.
(z) Tropical Forest Programs.--The second proviso of
section 7081(d) of Public Law 111-117 is amended to read as
follows: ``Provided further, That Funds appropriated under
title III of this Act 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 scale logging into
primary tropical forests, and shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations:''.

arab league boycott of israel

Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.

palestinian statehood

Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance to the Palestinian
Authority'').

restrictions concerning the palestinian authority

Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
successor Palestinian governing entity

[[Page 20040]]

provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration
of Principles, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem:
Provided further, That as has been true in the past, officers
and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.

prohibition on assistance to the palestinian broadcasting corporation

Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.

assistance for the west bank and gaza

Sec. 7039. (a) Oversight.--For fiscal year 2011, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing
or otherwise honoring individuals who commit, or have
committed acts of terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations act,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development (USAID) shall ensure that Federal
or non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of USAID for
audits, inspections, and other activities in furtherance of
the requirements of this subsection: Provided, That such
funds are in addition to funds otherwise available for such
purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash
transfer assistance, in fiscal year 2011 under the heading
``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Funds made available in this Act for West Bank and Gaza
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(g) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the
Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.

limitation on assistance for the palestinian authority

Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas or any power-sharing government of which
Hamas is a member.
(2) Notwithstanding the limitation of subsection (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961,
as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(l)(A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.

near east

Sec. 7041. (a) Iraq.--
(1) Funds appropriated or otherwise made available by this
Act for assistance for Iraq shall be made available in a
manner that utilizes Iraqi entities to the maximum extent
practicable, and in accordance with the Department of State's
April 9, 2009 ``Guidelines for Government of Iraq Financial
Participation in United States Government-Funded Civilian
Foreign Assistance Programs and Projects''.
(2) None of the funds appropriated or otherwise made
available by this Act may be used by the Government of the
United States to enter into a permanent basing rights
agreement between the United States and Iraq.
(3) Funds appropriated or otherwise made available by this
Act for security-related programs in Iraq may only be made
available if the Secretary of State certifies to the
Committees on Appropriations that the Government of Iraq has
committed to contributing to, and sustaining, such programs,
including details on the manner in which such contributions
and sustainment will be achieved.

[[Page 20041]]

(4) Of the funds appropriated by this Act for assistance
for Iraq under the heading ``Economic Support Fund'', not
less than $10,000,000 shall be made available for programs
and activities for which policy justifications and decisions
shall be the responsibility of the United States Chief of
Mission in Iraq.
(5) Not later than 45 days after enactment of this Act, and
prior to the initial obligation of funds, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, shall submit to
the Committees on Appropriations a spending plan for funds
appropriated or otherwise made available by this Act for
assistance for Iraq, which shall include clear and achievable
goals and objectives, indicators and benchmarks for measuring
progress, and expected results: Provided, That such plan
shall not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961.
(b) Lebanon.--Funds appropriated under the heading
``Foreign Military Financing Program'' in this Act for
assistance for Lebanon shall be made available only to
professionalize the Lebanese Armed Forces and to strengthen
border security and combat terrorism, including training and
equipping the Lebanese Armed Forces to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to
implement United Nations Security Council Resolution 1701:
Provided, That funds may not be made available for obligation
until the Secretary of State provides the Committees on
Appropriations a detailed spending plan: Provided further,
That such plan shall not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961.
(c) Middle East Peace.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a strategy for
curbing incitement and promoting tolerance in the Middle East
region: Provided, That funds appropriated or otherwise made
available in this Act for the Middle East Partnership
Initiative should be made available to implement such
strategy, subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(d) Saudi Arabia.--Section 7041 in division F of Public Law
111-117 shall continue in effect during fiscal year 2011 and
shall apply as if part of this Act.
(e) West Bank and Gaza.--The reporting requirements
regarding the United Nations Relief and Works Agency
contained in the joint explanatory statement accompanying the
Supplemental Appropriations Act, 2009 (Public Law 111-32)
under the heading ``Migration and Refugee Assistance'' in
title XI shall apply to funds made available by this Act
under such heading.

iran sanctions

Sec. 7042. (a) The declaration of policy in section 3 of
the Iran Sanctions Act of 1996 (Public Law 104-172) is
incorporated herein.
(b) None of the funds appropriated or otherwise made
available in title VI of 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).
(c) The reporting requirement in section 7043(c)(2) in
division F of Public Law 111-117 shall continue in effect
during fiscal year 2011 as if part of this Act.

aircraft transfer and coordination

Sec. 7043. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'' and ``Andean Counterdrug Programs'' may be used
for any other program and in any region, including for the
transportation of active and standby Civilian Response Corps
personnel and equipment during a deployment: Provided, That
the responsibility for policy decisions and justification for
the use of such transfer authority shall be the
responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be
delegated.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after a determination by the
Secretary of State to the Committees on Appropriations that
the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Aircraft purchased or leased by the Department of State
and the United States Agency for International Development
(USAID) with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under
the authority of the appropriate Chief of Mission: Provided,
That such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting the Department of State and
USAID programs and activities: Provided further, That
official travel for other agencies for other purposes may be
supported on a reimbursable basis, or without reimbursement
when traveling on a space available basis.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.

western hemisphere

Sec. 7044. (a) Trade Capacity.--Of the funds appropriated
by this Act, not less than $10,000,000 under the heading
``Development Assistance'' and not less than $10,000,000
under the heading ``Economic Support Fund'' shall be made
available for labor and environmental capacity building
activities relating to free trade agreements with countries
of Central America, Peru and the Dominican Republic.
(b) Assistance for Haiti.--
(1) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
(2) Funds appropriated under the heading ``Economic Support
Fund'' in this Act that are made available for assistance for
Haiti shall be made available, to the maximum extent
practicable, in a manner that emphasizes the participation
and leadership of Haitian civil society organizations and
directly improves the security, economic and social well-
being, and political status, of Haitian women and girls.
(3) None of the funds made available by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' may be used to transfer excess weapons or
ammunition of an agency of the United States Government to
any individual or unit of the Haitian National Police if the
Secretary of State has credible information that such
individual or unit has committed a gross violation of
internationally recognized human rights or other serious
crime.
(c) Caribbean Basin Security Initiative.--
(1) Of the funds appropriated by this Act, not more than
$59,900,000 shall be made available for the Caribbean Basin
Security Initiative (CBSI), of which not more than
$16,000,000 shall be funds appropriated under the heading
``Foreign Military Financing Program'' to support military
reform and air and maritime operations: Provided, That a
priority of the CBSI should be to build the capacity and
professionalism of civilian police and judicial institutions:
Provided further, That none of the funds made available under
this subsection shall be made available for budget support or
as cash payments.
(2) Spending plan.--Not later than 45 days after the date
of the enactment of this Act and prior to the initial
obligation of funds, the Secretary of State shall submit to
the Committees on Appropriations a detailed spending plan for
the countries of the Caribbean Basin which shall include
clear and achievable goals and objectives, indicators and
benchmarks for measuring progress, and expected results:
Provided, That such plan shall not be considered as meeting
the notification requirements under section 7015 of this Act
or under section 634A of the Foreign Assistance Act of 1961.
(3) Definition.--For the purposes of this subsection,
``Caribbean Basin Security Initiative'' and ``countries of
the Caribbean Basin'' include Antigua and Barbuda, The
Bahamas, Barbados, Belize, Dominica, Dominican Republic,
Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint
Lucia, Saint Vincent and the Grenadines, Suriname, and
Trinidad and Tobago.
(d) Assistance for Guatemala.--
(1) Of the funds appropriated in this Act under the heading
``International Narcotics Control and Law Enforcement'' not
less than $4,000,000 shall be made available for a United
States contribution to the International Commission Against
Impunity in Guatemala.
(2) None of the funds appropriated under the headings
``International Military Education and Training'' and
``Foreign Military Financing Program'' may be made available
for assistance for the Guatemalan Army, except that such
funds may be made available for the Army Corps of Engineers
only to improve disaster response capabilities and to
participate in international peacekeeping operations.
(e) Assistance for Mexico.--
(1) Prohibition.--None of the funds made available in this
Act for assistance for Mexico may be made available for
budget support or as cash payments.
(2) Applicability of fiscal year 2009 provisions.--The
provisions of paragraphs (1) through (3) of section 7045(e)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law
111-8) shall apply to

[[Page 20042]]

funds appropriated or otherwise made available by this Act
for assistance for Mexico, and the report required in that
section shall be based on a written determination by the
Secretary of State of compliance with each of the
requirements in those paragraphs: Provided, That the spending
plan required in that section shall not be considered as
meeting the notification requirements under section 7015 of
this Act or under section 634A of the Foreign Assistance Act
of 1961.
(f) Assistance for the Countries of Central America.--
(1) Prohibition.--None of the funds made available in this
Act for the countries of Central America may be made
available for budget support or as cash payments.
(2) Applicability of fiscal year 2009 provisions.--
(A) In general.--Except as provided in subparagraph B, the
provisions of paragraphs (1) through (3) of section 7045(f)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law
111-8) shall apply to funds appropriated or otherwise made
available by this Act for assistance for countries of Central
America.
(B) Exception.--Section 7045(f)(1) of division H of Public
Law 111-8 is amended by striking ``and `Foreign Military
Financing Program'''.
(3) Definition.--For the purposes of this subsection, the
term ``countries of Central America'' means Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and
Panama.
(g) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be
borne by the recipient country.

colombia

Sec. 7045. (a) Assistance.--
(1) Funds appropriated by this Act and made available to
the Department of State for counter-narcotics or other law
enforcement assistance for the Government of Colombia may be
used to support a unified campaign against narcotics
trafficking and organizations designated as Foreign Terrorist
Organizations and successor organizations, and to take
actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations:
Provided, That no United States Armed Forces personnel or
United States civilian contractor employed by the United
States will participate in any combat operation in connection
with assistance made available by this Act for Colombia:
Provided further, That rotary and fixed-wing aircraft
supported with funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' for
assistance for Colombia may be used for aerial or manual drug
eradication and interdiction, including to transport
personnel and supplies and to provide security for such
operations, if the Secretary of State determines that
voluntary eradication, combined with alternative development
programs, including access to land, markets and social
services, is not feasible in such areas: Provided further,
That such aircraft may also be used to provide transport in
support of alternative development programs and
investigations by civilian judicial authorities: Provided
further, That the President shall ensure that if any
helicopter procured with funds in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, is used to aid or abet the
operations of any illegal self-defense group, paramilitary
organization, illegal security cooperative or successor
organizations in Colombia, such helicopter shall be
immediately returned to the United States: Provided further,
That none of the funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be made available for
assistance for the Colombian Departamento Administrativo de
Seguridad or successor organizations.
(2) Of the funds available under the heading
``International Narcotics Control and Law Enforcement'' for
the Colombian national police for the procurement of
chemicals for aerial coca and poppy eradication programs, not
more than 20 percent of such funds may be made available for
such eradication programs unless the Secretary of State
certifies to the Committees on Appropriations that: (1) the
herbicide is being used in accordance with Environmental
Protection Agency label requirements for comparable use in
the United States and with Colombian laws; and (2) the
herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the
environment, including endemic species: Provided, That such
funds may not be made available unless the Secretary of State
certifies to the Committees on Appropriations that any
complaints of harm to health or licit crops caused by such
aerial eradication are thoroughly investigated and evaluated,
and fair compensation is being paid in a timely manner for
meritorious claims: Provided further, That such funds may not
be made available for such purposes unless programs are being
implemented by the United States Agency for International
Development, the Government of Colombia, or other
organizations, in consultation and coordination with local
communities, to provide alternative sources of income in
areas where security permits for small-acreage growers and
communities whose illicit crops are targeted for aerial
eradication: Provided further, That none of the funds
appropriated by this Act for assistance for Colombia shall be
made available for the cultivation or processing of African
oil palm, if doing so would contribute to significant loss of
native species, disrupt or contaminate natural water sources,
reduce local food security, or cause the forced displacement
of local people: Provided further, That funds appropriated by
this Act may not be used for aerial eradication in Colombia's
national parks or reserves unless the Secretary of State
certifies to the Committees on Appropriations on a case-by-
case basis that there are no effective alternatives and the
eradication is conducted in accordance with Colombian laws.
(b) Applicability of Fiscal Year 2009 Provisions.--
(1) In general.--Except as provided in paragraph (2), the
provisions of subsections (b) through (f) of section 7046 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law
111-8), as amended by section 7046 (b)(2)(A) of division F of
Public Law 111-117, shall apply to funds appropriated or
otherwise made available by this Act for assistance for
Colombia.
(2) Exceptions.--The following provisions of section 7046
of division H of Public Law 111-8 shall apply to funds
appropriated or otherwise made available by this Act for
assistance for Colombia as follows:
(A) Subsection (b)(1)(B) is amended as follows:
(i) By striking clause (i) and inserting the following:
``(i) The Colombian Armed Forces are suspending those
members, of whatever rank, who have been credibly alleged to
have violated ternationally recognized human rights, or to
have aided, abetted or benefitted from paramilitary
organizations or successor armed groups; all such cases are
promptly referred to civilian jurisdiction for investigation
and prosecution, and the Colombian Armed Forces are no longer
opposing civilian judicial jurisdiction in such cases; and
the Colombian Armed Forces are cooperating fully with
civilian prosecutors and judicial authorities.''.
(ii) By striking clause (iv) and inserting the following:
``(iv) The Government of Colombia is respecting the rights
of human rights defenders, journalists, trade unionists, and
other social activists, and the rights and territory of
indigenous and Afro-Colombian communities; and the Colombian
Armed Forces are implementing procedures to distinguish
between civilians, including displaced persons, and
combatants, in their operations.''.
(B) Subsection (b)(2) shall be applied by substituting
``July 31, 2011'' for the date contained therein;
(C) Subsection (c) shall be applied by substituting
``September 30, 2011'' for the date contained therein; and
(D) Subsection (d)(1) shall be applied--
(i) by substituting ``18,000,000'' for the dollar amount
contained therein; and
(ii) by substituting ``fiscal year 2011'' for the fiscal
year contained therein.

serbia

Sec. 7046. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2011, if the Secretary of State has submitted
the report required in subsection (c).
(b) After May 31, 2011, the Secretary of the Treasury
should instruct the United States executive directors of the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
condition in subsection (c).
(c) The report referred to in subsection (a) is a report by
the Secretary of State to the Committees on Appropriations
that the Government of Serbia is cooperating with the
International Criminal Tribunal for the former Yugoslavia
including access to investigators, the provision of
documents, timely information on the location, movement, and
sources of financial support of indictees, and the surrender
and transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Goran Hadzic.
(d) This section shall not apply to humanitarian assistance
or assistance to promote democracy.

community-based police assistance

Sec. 7047. (a) Authority.--Funds made available by titles
III and IV of this Act to carry out the provisions of chapter
1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training
and technical assistance in human rights, prevention and
response to gender-based violence, rule of law, anti-
corruption, strategic planning, and through assistance to
foster civilian police roles that support democratic
governance including assistance for programs to prevent
conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior

[[Page 20043]]

consultation with, and the regular notification procedures
of, the Committees on Appropriations.

prohibition of payments to united nations members

Sec. 7048. None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
carrying out the Foreign Assistance Act of 1961, may be used
to pay in whole or in part any assessments, arrearages, or
dues of any member of the United Nations or, from funds
appropriated by this Act to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.

war crimes tribunals drawdown

Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant
to this section shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.

peacekeeping

Sec. 7050. (a) Missions.--None of the funds appropriated or
otherwise made available by title I of this Act may be used
for any United Nations peacekeeping mission that will involve
United States Armed Forces under the command or operational
control of a foreign national, unless the President's
military advisors have submitted to the President a
recommendation that such involvement is in the national
interests of the United States and the President has
submitted to the Congress such a recommendation.
(b) Assessment.--Section 404(b)(2)(B)(vi) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note) is amended to read as follows:
``(vi) For assessments made during calendar year 2010 and
2011, 27.3 percent.''.

attendance at international conferences

Sec. 7051. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of
more than 50 employees of agencies or departments of the
United States Government who are stationed in the United
States, at any single international conference occurring
outside the United States, unless the Secretary of State
reports to the Committees on Appropriations that such
attendance is in the national interest: Provided, That for
purposes of this section the term ``international
conference'' shall mean a conference attended by
representatives of the United States Government and of
foreign governments, international organizations, or
nongovernmental organizations.

restrictions on united nations delegations

Sec. 7052. None of the funds made available under title I
of this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), supports international terrorism.

parking fines and real property taxes owed by foreign governments

Sec. 7053. (a) Subject to subsection (c), of the funds
appropriated under titles III through VI of this Act that are
made available for assistance for a foreign country, an
amount equal to 110 percent of the total amount of the unpaid
fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country
shall be withheld from obligation for assistance for the
central government of such country until the Secretary of
State submits a certification to the Committees on
Appropriations stating that such parking fines and penalties
and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to
the regular notification procedures of the Committees on
Appropriations, provided that no such funds shall be made
available for assistance for the central government of a
foreign country that has not paid the total amount of the
fully adjudicated parking fines and penalties and unpaid
property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment
of this Act, or at any time with respect to a particular
country, if the Secretary determines that it is in the
national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of
State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations
describing a strategy, including a timetable and steps
currently being taken, to collect the parking fines and
penalties and unpaid property taxes and interest owed by
nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation summons;
or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge to the
summons has lapsed.
(2) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2010.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.

landmines and cluster munitions

Sec. 7054. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the President may
prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments; and
(2) the agreement applicable to the assistance, transfer,
or sale of such cluster munitions or cluster munitions
technology specifies that the cluster munitions will only be
used against clearly defined military targets and will not be
used where civilians are known to be present or in areas
normally inhabited by civilians.

prohibition on publicity or propaganda

Sec. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.

limitation on residence expenses

Sec. 7056. Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed $100,500
shall be for official residence expenses of the United States
Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken
to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of
dollars.

united states agency for international development management

(including transfer of funds)

Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development (USAID) to
hire and employ individuals in the United States and overseas
on a limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2012.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent

[[Page 20044]]

that an equivalent number of positions that are filled by
personal services contractors or other nondirect hire
employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', are
eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID
to meet personnel positions in technical skill areas
currently encumbered by contractor or other nondirect hire
personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations on a quarterly basis
concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which such
individual's responsibilities primarily relate: Provided,
That funds made available to carry out this section may be
transferred to, and merged with, funds appropriated by this
Act in title II under the heading ``Operating Expenses''.
(g) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980, may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(h) Junior Officer Placement Authority.--Of the funds made
available in subsection (a), USAID may use, in addition to
funds otherwise available for such purposes, up to
$15,000,000 to fund overseas support costs of members of the
Foreign Service with a Foreign Service rank of four or below:
Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other
nondirect hire employees compensated with funds appropriated
to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia''.
(i) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters.
(j) Technical Advisors.--Up to $13,500,000 of the funds
made available in title III of this Act for assistance under
the heading ``Global Health and Child Survival'', may be used
to reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of
individuals (including for the personal services of such
individuals) detailed or assigned to, or contracted by USAID
for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such
agencies, institutions, and organizations for such costs of
such individuals carrying out other development assistance
activities.
(k) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by USAID to employ up to
40 personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be
assigned to any bureau or office: Provided further, That not
more than 15 of such contractors shall be for activities
related to USAID's Afghanistan or Pakistan program: Provided
further, That such funds appropriated to carry out title II
of the Agricultural Trade Development and Assistance Act of
1954, may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(l) Hiring Authority.--Notwithstanding section 307 of the
Foreign Service Act of 1980, the USAID Administrator may hire
up to 85 individuals under the Development Leadership
Initiative: Provided, That the authority contained in this
subsection shall expire on September 30, 2012.
(m) Locally Employed Staff.--Of the funds appropriated
under title II of this Act, up to $1,000,000, in addition to
funds otherwise made available for such purposes, may be made
available for special compensation for overseas, locally
employed staff.
(n) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of division F of Public Law 111-117 may be
assigned to or support programs in Iraq, Afghanistan, or
Pakistan with funds made available in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs.

global health activities

Sec. 7058. Funds appropriated by title III of this Act
that are made available for bilateral assistance for child
survival activities or disease programs including activities
relating to research on, and the prevention, treatment and
control of, HIV/AIDS may be made available notwithstanding
any other provision of law except for the provisions under
the heading ``Global Health and Child Survival'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.),
as amended: Provided, That of the funds appropriated under
title III of this Act, not less than $710,000,000 shall be
made available for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species.

development grants program

Sec. 7059. Of the funds appropriated in title III of this
Act, not less than $45,000,000 shall be made available for
the Development Grants Program established pursuant to
section 674 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161), a significant portion of which is for
unsolicited proposals, to support grants of not more than
$2,000,000 to small nongovernmental organizations: Provided,
That funds made available under this section are in addition
to other funds available for such purposes including funds
designated by this Act by section 7063.

women in development

Sec. 7060. (a) Programs funded under title III of this Act
shall include, where appropriate, gender considerations in
the planning, assessment, implementation, monitoring and
evaluation of such programs.
(b) Funds made available under title III of this Act shall
be made available to support programs to enhance economic
opportunities for poor women in developing countries,
including increasing the number and capacity of women-owned
enterprises, improving property rights for women, increasing
access to financial services, and improving women's ability
to participate in the global economy.
(c) Funds made available under title III of this Act for
food security and agricultural development shall take into
consideration the unique needs of women, and technical
assistance for women farmers should be a priority.

gender-based violence

Sec. 7061. (a) Funds appropriated under the headings
``Development Assistance'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' in
this Act shall be made available for programs to address
sexual and gender-based violence.
(b) Funds appropriated under the headings ``International
Disaster Assistance'' and ``Migration and Refugee
Assistance'' should be made available for gender-based
violence prevention and response efforts, and to strengthen
the capacity of nongovernmental organizations to address such
violence.
(c) Programs and activities funded under titles III and IV
of this Act to train foreign police, judicial, and military
personnel, including for international peacekeeping
operations, shall include, where appropriate, prevention and
response to gender-based violence.
(d) The Secretary of State should seek to ensure that
programs funded under titles III and IV of this Act are
consistent with United Nations Security Council resolutions
1325, 1820 and 1888 in their design and implementation, as
appropriate.
(e) The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall identify critical or widespread incidents
of violence against women and girls in situations of armed
conflict, develop emergency response measures, and consult
with Congress on implementation plans.

education

Sec. 7062. (a) Basic Education.--
(1) Of the funds appropriated by title III of this Act, not
less than $925,000,000 should be made available for
assistance for basic education, of which not less than
$355,000,000 shall be made available under the heading
``Development Assistance'': Provided, That funding provided
under the headings ``Development Assistance'' and ``Economic
Support Fund'' should be used to provide a continuity of
assistance for basic education in humanitarian and other
emergency situations.
(2) The United States Agency for International Development
(USAID) shall ensure that programs supported by funding
appropriated for basic education in this Act, and prior Acts,
are integrated, as appropriate, with other health,
agriculture and economic development funding, and provide a
quality education: Provided, That schools supported by
funding in this Act and in prior Acts should serve as
``Communities of Learning'' and should be the focal point for
health, education and development activities, as appropriate.
(3) Of the funds appropriated by title III of this Act for
basic education, up to $25,000,000 shall be made available as
a contribution to the Fast Track Initiative's Catalytic Fund.

[[Page 20045]]

(4) USAID shall serve as the coordinating agency for United
States Government basic education programs globally.
(b) Higher Education.--Of the funds appropriated by title
III of this Act, not less than $225,000,000 shall be made
available for assistance for higher education.

reconciliation programs

Sec. 7063. Of the funds appropriated by title III of this
Act under the headings ``Economic Support Fund'' and
``Development Assistance'', $27,000,000 shall be made
available to support people to people reconciliation programs
which bring together individuals of different ethnic,
religious and political backgrounds from areas of civil
strife and war, of which $11,000,000 shall be made available
for such programs in the Middle East: Provided, That the
Administrator of the United States Agency for International
Development shall consult with the Committees on
Appropriations, prior to the initial obligation of funds, on
the most effective uses of such funds.

comprehensive expenditures report

Sec. 7064. Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
total amount of United States Government expenditures in
fiscal years 2009 and 2010, by Federal agency, for assistance
programs and activities in each foreign country, identifying
the line item as presented in the President's Budget Appendix
and the purpose for which the funds were provided: Provided,
That if required, information may be submitted in classified
form.

requests for documents

Sec. 7065. None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.

prohibition on use of torture

Sec. 7066. (a) None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture, cruel or inhumane treatment by any official
or contract employee of the United States Government.
(b) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit to the Committees on
Appropriations a report identifying those countries whose
police, military, or other security forces use torture, as
determined by the Assistant Secretary of State for Democracy,
Human Rights and Labor based on the Department of State's
most recent Human Rights Report and other relevant
information.
(c) Funds appropriated by this Act to carry out the
provisions of chapters 1, 10, 11, and 12 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961,
and the Support for East European Democracy (SEED) Act of
1989, shall be made available, notwithstanding section 660 of
the Foreign Assistance Act of 1961, for assistance to help
eliminate torture by foreign police, military or other
security forces.

africa

Sec. 7067. (a) Expanded International Military Education
and Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' in this Act that are made
available for assistance for Angola, Cameroon, Central
African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe
may be made available only for training related to
international peacekeeping operations and expanded
international military education and training.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act
may be made available for assistance for Equatorial Guinea or
Somalia.
(b) Ethiopia.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
available for assistance for Ethiopia may be made available
unless the Secretary of State--
(A) certifies to the Committees on Appropriations that the
Government of Ethiopia is making significant efforts to
respect due process and the rights of its citizens to
peaceful expression and association, and is permitting access
to independent human rights and humanitarian organizations to
the Somalia region of Ethiopia; and
(B) submits a report to such Committees on the types and
amounts of United States training and equipment proposed to
be provided to the Ethiopian military including steps that
will be taken to ensure that such assistance is not provided
to military units or personnel that have violated
internationally recognized human rights, and steps taken by
the Government of Ethiopia to investigate and prosecute
members of the Ethiopian military who have been credibly
alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to Ethiopian military efforts in support of
international peacekeeping operations and for assistance to
the Ethiopian Defense Command and Staff College.
(c) Conflict Minerals.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Rwanda or Uganda if the
Secretary of State has credible evidence that the Government
of Rwanda or the Government of Uganda is providing political,
military or financial support to armed groups in the
Democratic Republic of the Congo (DRC) that are involved in
the illegal exportation of minerals out of the DRC or have
committed violations of internationally recognized human
rights, including rape.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals out of the DRC by such groups, to
protect relief efforts, or to support the training and
deployment of members of the Rwandan or Ugandan militaries in
international peacekeeping operations.
(d) Sudan Limitation on Assistance.--
(1) Subject to paragraph (2):
(A) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(B) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Paragraph (1) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations
that:
(A) The Government of Sudan honors its pledges to cease
attacks upon civilians and disarms and demobilizes the
Janjaweed and other government-supported militias;
(B) The Government of Sudan and all government-supported
militia groups are honoring their commitments made in all
previous cease-fire agreements; and
(C) The Government of Sudan is allowing unimpeded access to
Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international
monitoring team that is based in Darfur and has the support
of the United States.
(3) The provisions of paragraph (1) shall not apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, and
Abyei; and
(C) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement
or any other internationally recognized viable peace
agreement in Sudan.
(4) For the purposes of this Act, the term ``Government of
Sudan'' shall not include the Government of Southern Sudan.
(5) Notwithstanding any other provision of law, assistance
in this Act may be made available to the Government of
Southern Sudan to provide non-lethal military assistance,
military education and training, and defense services
controlled under the International Traffic in Arms
Regulations (22 CFR 120.1 et seq.) if the Secretary of
State--
(A) determines that the provision of such items is in the
national interest of the United States; and
(B) not later than 15 days before the provision of any such
assistance, notifies the Committees on Appropriations of such
determination.
(e) Southern Sudan.--The Secretary of State shall obtain
regular audits of the financial accounts of the Government of
Southern Sudan to ensure transparency and accountability of
funds, including revenues from the extraction of oil and gas,
and the public disclosure of such audits in a timely manner:
Provided, That in determining amounts and types of United
States assistance to make available to the Government of
Southern Sudan, the Secretary shall consider the extent to
which such government is ensuring transparency and
accountability of funds: Provided further, That the Secretary
shall, as appropriate, assist the Government of Southern
Sudan in conducting such audits, and shall submit a report
not later than 90 days after enactment of this Act to the
Committees on Appropriations detailing the steps that will be
taken by the Government of Southern Sudan, which are
additional to those which were taken in the previous fiscal
year, to improve resource management and ensure transparency
and accountability of funds.
(f) The Gambia.--The Secretary of the Treasury shall
instruct the United States executive directors of the
international financial institutions to vote against any
loan, agreement, or other financial support for The Gambia,
except to meet basic human needs, unless the Secretary of
State certifies to the Committees on Appropriations that the
Government of The Gambia is making significant efforts to
release and account for political prisoners, including
Ebrimah Manneh.
(g) War Crimes in Africa.--
(1) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special

[[Page 20046]]

Court for Sierra Leone (SCSL) to bring to justice individuals
responsible for war crimes and crimes against humanity in a
timely manner.
(2) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance for
the central government of a country in which individuals
indicted by ICTR and SCSL are credibly alleged to be living,
if the Secretary of State determines and reports to the
Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and
transfer of indictees in a timely manner: Provided, That this
subsection shall not apply to assistance provided under
section 551 of the Foreign Assistance Act of 1961 or to
project assistance under title VI of this Act: Provided
further, That the United States shall use its voice and vote
in the United Nations Security Council to fully support
efforts by ICTR and SCSL to bring to justice individuals
indicted by such tribunals in a timely manner.
(3) The prohibition in paragraph (2) may be waived on a
country-by-country basis if the President determines that
doing so is in the national security interest of the United
States: Provided, That prior to exercising such waiver
authority, the President shall submit a report to the
Committees on Appropriations, in classified form if
necessary, on--
(A) the steps being taken to obtain the cooperation of the
government in surrendering the indictee in question to the
court of jurisdiction;
(B) a strategy, including a timeline, for bringing the
indictee before such court; and
(C) the justification for exercising the waiver authority.
(h) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loans or grants to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
reports in writing to the Committees on Appropriations that
the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of
speech and association.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health, education, and macroeconomic
growth assistance, unless the Secretary of State makes the
determination pursuant to paragraph (1).

asia

Sec. 7068. (a) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans; are
based on a thorough needs-assessment; foster self-sufficiency
of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $7,500,000 of the funds appropriated by this Act under
the heading ``Economic Support Fund'' should be made
available to nongovernmental organizations to support
activities which preserve cultural traditions and promote
sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose and vote against the extension by such
institution of any loan or financial or technical assistance
or any other utilization of funds of the respective bank to
and for Burma.
(2) Funds appropriated by this Act may be made available
for assistance for Burma notwithstanding any other provision
of law, except no such funds shall be made available to the
State Peace and Development Council, or its successor, and
its affiliated organizations: Provided, That such funds shall
be made available to support programs in Burma, along Burma's
borders, and for Burmese groups and organizations located
outside Burma: Provided further, That not less than
$5,000,000 shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for
Burmese refugees appropriated under the heading ``Migration
and Refugee Assistance'' in this Act: Provided further, That
any new program or activity initiated with funds made
available by this Act shall be subject to prior consultation
with the Committees on Appropriations, and all such funds
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Cambodia.--
(1) Funds made available in this Act for a United States
contribution to a Khmer Rouge tribunal may only be made
available if the Secretary of State certifies to the
Committees on Appropriations that the United Nations and the
Government of Cambodia are taking effective steps to address
allegations of corruption and mismanagement within the
tribunal.
(2) Not later than 30 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations listing Cambodian officials known to have been
involved in the decision to repatriate 20 Uigher asylum
seekers from Cambodia to the People's Republic of China in
December 2009: Provided, That such report shall be posted on
the Department of State's public Web site not more than 7
days after such report is transmitted to Congress.
(d) Indonesia.--
(1) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are available for
assistance for Indonesia, $2,000,000 may not be obligated
until the Secretary of State submits to the Committees on
Appropriations the report on Indonesia detailed under such
heading in Senate Report 111-237: Provided, That such report
shall include steps taken by the Government of Indonesia to
guarantee freedom of expression in Papua and the southern
Moluccan Islands.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance
for Indonesia, not less than $400,000 should be made
available for grants for capacity building of Indonesian
human rights organizations, including in Papua.
(e) North Korea.--
(1) Funds appropriated under the heading ``Migration and
Refugee Assistance'' in this Act should be made available for
assistance for refugees from North Korea.
(2) Funds made available by this Act under the heading
``Economic Support Fund'' for assistance for countries in the
North Asia region may be made available for programs and
activities pursuant to section 4 of Public Law 108-333, as
amended, and subject to the regular notification procedures
of the Committees on Appropriations: Provided, That for the
purposes of this subsection, such programs and activities
shall be considered democracy promotion.
(f) People's Republic of China.--
(1) None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be
obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic
of China unless, at least 15 days in advance, the Committees
on Appropriations are notified of such proposed action.
(2) The terms and requirements of section 620(h) of the
Foreign Assistance Act of 1961 shall apply to foreign
assistance projects or activities of the People's Liberation
Army (PLA) of the People's Republic of China, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Notwithstanding any other provision of law and subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $15,000,000 shall be made
available to United States educational institutions and
nongovernmental organizations for programs and activities in
the People's Republic of China relating to the environment,
governance, and the rule of law.
(g) Philippines.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' that
are available for assistance for the Philippines, $3,000,000
may not be obligated until the Secretary of State submits to
the Committees on Appropriations the report on the
Philippines detailed under such heading in Senate Report 111-
237.
(h) Timor-Leste.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$1,000,000, in addition to funds otherwise made available for
such purposes, shall be made available for democracy programs
and activities in Timor-Leste, and not less than $2,000,000
shall be made available for higher education scholarships.
(i) Vietnam.--Funds appropriated by this Act that are made
available for assistance for Vietnam for remediation of
dioxin contaminated sites and related health activities may
be made available for assistance for the Government of
Vietnam, including the military, for such purposes.

independent states of the former soviet union

Sec. 7069. (a) None of the funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia''
may be made available for assistance for a government of an
Independent State of the former Soviet Union if that
government directs any

[[Page 20047]]

action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former
Soviet Union, such as those violations included in the
Helsinki Final Act, unless the Secretary of State determines
that to do so is in the national security interests of the
United States.
(b) Funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c)(1) Of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' that are
available for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation
until the Secretary of State certifies to the Committees on
Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology,
or equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in the North
Caucasus.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(d) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or nonproliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.

central asia

Sec. 7070. The terms and conditions of sections 7075(a)
and (b) and 7076(a) through (e) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2009 (division H of Public Law 111-8) shall apply to funds
appropriated by this Act: Provided, That for the purposes of
the application of section 7076(e) to this Act, the term
``assistance'' shall not include expanded international
military education and training.

south asia

Sec. 7071. (a) Afghanistan.--
(1) Limitation.--None of the funds appropriated or
otherwise made available by this Act under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' may be obligated for assistance
for 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 that--
(A) The Government of Afghanistan is--
(i) demonstrating a commitment to reduce corruption and
improve governance, including by investigating, prosecuting,
sanctioning and/or removing corrupt officials from office and
to implement financial transparency and accountability
measures for government institutions and officials (including
the Central Bank) as well as to conduct oversight of public
resources;
(ii) taking significant steps to facilitate active public
participation in governance and oversight; and
(iii) taking credible steps to protect the internationally
recognized human rights of Afghan women.
(B) There is a unified United States Government anti-
corruption strategy for Afghanistan that is adequately
funded, and is being implemented in conjunction with relevant
Afghan authorities.
(C) 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,
such as--
(i) the High Office of Oversight;
(ii) the Control and Audit Office;
(iii) the Afghan Criminal Justice Task Force;
(iv) the Afghan Judicial Security Unit;
(v) the Anti-Corruption Tribunal, and the Attorney
General's Anti-Corruption Unit;
(vi) the training and mentoring of judicial personnel;
(vii) the training and mentoring of Afghan Government
personnel in financial management, budgeting, and independent
oversight of public funds; and
(viii) Afghan civil society organizations and media
institutions that play an important role in government
oversight.
(D) 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.
(E) Funds will be used to train and deploy additional
United States Government direct-hire personnel to improve
monitoring and control of assistance to ensure that funds are
used for the intended purpose and do not support illicit and/
or corrupt activities.
(F) 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.
(2) Direct government-to-government assistance.--
(A) Funds appropriated or otherwise made available by this
Act for assistance for Afghanistan 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 Afghan implementing agency
has been assessed and considered qualified to manage such
funds and the Government of the United States and the
Government of Afghanistan 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: Provided, That the
Secretary of State should suspend any direct government-to-
government assistance to an implementing agency if the
Secretary has credible information of misuse of such funds by
any such agency: Provided further, That any such assistance
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(B) Funds appropriated or otherwise made available by this
Act for assistance for Afghanistan 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.
(3) Assistance and operations.--
(A) Funds appropriated under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' in this Act that are available for assistance
for Afghanistan--
(i) 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
7060 and 7061 of this Act, including support for the Afghan
Independent Human Rights Commission, the Afghan Ministry of
Women's Affairs, and women-led nongovernmental organizations.
(ii) 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:
(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
(2) 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;
(iii) may be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund; and
(iv) should be made available, notwithstanding any
provision of law that restricts assistance to foreign
countries, for cross border stabilization and development
programs between Afghanistan and Pakistan or between either
country and the Central Asian republics.
(B) Programs and activities funded under titles III and IV
of this Act that provide training for foreign police,
judicial, and military personnel shall address, where
appropriate, gender-based violence.
(C) The authority contained in section 1102(c) of Public
Law 111-32 shall continue in

[[Page 20048]]

effect during fiscal year 2011 and shall apply as if part of
this Act.
(D) 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 Act for rule of law
programs in Afghanistan.
(E) None of the funds made available by this Act may be
used by the United States Government to enter into a
permanent basing rights agreement between the United States
and Afghanistan.
(F) 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
Act, and prior to the initial obligation of funds, a detailed
spending plan for assistance for Afghanistan 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 this Act or under section
634A of the Foreign Assistance Act of 1961.
(G) Any significant modification to the scope, objectives
or implementation mechanisms of United States assistance
programs in Afghanistan shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that the prior
consultation requirement may be waived in a manner consistent
with section 7015(e) of this Act.
(4) Oversight.--
(A) The Special Inspector General for Afghanistan
Reconstruction, the Inspector General of the Department of
State and the Inspector General of USAID, shall jointly
develop and submit to the Committees on Appropriations within
45 days of enactment of this Act a coordinated audit and
inspection plan of United States assistance for, and civilian
operations in, Afghanistan.
(B) Of the funds appropriated in this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan,
$3,000,000 shall be transferred to, and merged with, funds
made available under the heading ``Office of Inspector
General'' in title I of this Act, 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 Special Inspector General for
Afghanistan Reconstruction.
(C) Of the funds appropriated in this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan,
$1,500,000 shall be transferred to, and merged with, funds
appropriated under the heading ``Office of Inspector
General'' in title II of this Act for increased oversight of
programs in Afghanistan and shall be in addition to funds
otherwise available for such purposes.
(5) Modification to prior provisions.--
(A) 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.''.
(B) 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.''.
(C) 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.''.''.
(b) Nepal.--
(1) Funds appropriated by this Act under the headings
``Foreign Military Financing Program'' and ``Peacekeeping
Operations'' may be made available for assistance for Nepal
only if the Secretary of State certifies to the Committees on
Appropriations that the Nepal Army is--
(A) cooperating fully with investigations and prosecutions
by civilian judicial authorities of violations of
internationally recognized human rights, including the 2004
murder of Maina Sunuwar; and
(B) working constructively to redefine the Nepal Army's
mission and adjust its size accordingly, implement reforms
including strengthening the capacity of the civilian ministry
of defense to improve budget transparency and accountability,
and facilitate the integration of former rebel combatants
into the security forces including the Nepal Army, consistent
with the goals of reconciliation, peace and stability.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction
activities in Nepal.
(c) Pakistan.--
(1) In general.--Funds appropriated by this Act that are
available for assistance for Pakistan shall be made
available, to the maximum extent practicable, in a manner
that utilizes Pakistani entities and directly improves the
security, economic and social well-being of Pakistani women
and girls.
(2) Direct government-to-government assistance.--Funds
appropriated by this Act for assistance for Pakistan may be
made available for direct government-to-government assistance
only if the Secretary of State certifies to the Committees on
Appropriations that the Government of the United States and
the Government of Pakistan 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: Provided, That the
Secretary of State should suspend any direct government-to-
government assistance to an implementing agency if the
Secretary has credible information of misuse of such funds by
any such agency: Provided further, That funds made available
pursuant to this subparagraph shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(3) Cross border assistance.--Funds appropriated under the
heading ``Economic Support Fund'' in this Act for assistance
for Pakistan should be provided notwithstanding any provision
of law that restricts assistance to foreign countries for
cross border stabilization and development programs between
Afghanistan and Pakistan or between either country and the
Central Asian republics.
(4) Infrastructure projects.--Funds appropriated under the
heading ``Economic Support Fund'' in this Act that are made
available for assistance for infrastructure projects in
Pakistan shall be implemented in a manner consistent with
section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(5) Human rights.--
(A) Funds appropriated under the headings ``Foreign
Military Financing Program'' and ``Pakistan Counterinsurgency
Capability Fund'' in this Act that are available for
assistance for Pakistan shall be made available--
(i) in a manner that promotes unimpeded access by
humanitarian organizations to detainees, internally displaced
persons, and other Pakistani civilians adversely affected by
the conflict; and
(ii) in accordance with section 620M of the Foreign
Assistance Act of 1961, as amended by this Act.
(B) Funds appropriated under the heading ``Economic Support
Fund'' in this Act for assistance for Pakistan shall be made
available through the Bureau of Democracy, Human Rights and
Labor, Department of State, for human rights programs in
Pakistan, including training of government officials and
security forces, and assistance for human rights
organizations.
(6) Chief of mission.--Of the funds appropriated under the
heading ``Economic Support Fund'' in this Act for assistance
for Pakistan, up to $10,000,000 may be made available to the
Chief of Mission to address unanticipated humanitarian and
conflict related needs: Provided, That such funds shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
except that the prior consultation requirement may be waived
in a manner consistent with section 7015(e) of this Act.
(7) Spending plan.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds, a detailed
spending plan for assistance for Pakistan 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 this Act or under section
634A of the Foreign Assistance Act of 1961.
(8) Modification to program.--Any significant modification
to the scope, objectives or implementation mechanisms of
United States assistance programs in Pakistan shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
except that the prior consultation requirement may be waived
if it is determined that failure to do so would pose a
substantial risk to human health or welfare: Provided, That
in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such consultation requirement was applicable.
(d) Sri Lanka.--
(1) Funds appropriated in title III of this Act that are
available for assistance for Sri Lanka shall be made
available for programs that promote reconciliation between
ethnic Sinhalese and Tamil populations, support post-conflict
reconstruction, and advance the participation of Tamils and
other minorities in the political and economic life of the
country, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available

[[Page 20049]]

for assistance for Sri Lanka, no defense export license may
be issued, and no military equipment or technology shall be
sold or transferred to Sri Lanka pursuant to the authorities
contained in this Act or any other Act, unless the Secretary
of State certifies to the Committees on Appropriations that
the Government of Sri Lanka is--
(A) investigating alleged violations of internationally
recognized human rights and international humanitarian law by
government forces and the Liberation Tigers of Tamil Eelam,
including the assassination of Lasantha Wickrematunge;
(B) bringing to justice individuals who have been credibly
alleged to have committed such violations;
(C) supporting and cooperating with any United Nations
advisory panel or investigation of alleged violations of
international humanitarian law;
(D) respecting due process and the rights of its citizens
to peaceful expression and association;
(E) providing access to detainees and conflict-affected
areas and populations by humanitarian organizations; and
(F) implementing policies to promote reconciliation and
justice including devolution of power as provided for in the
Constitution of Sri Lanka.
(3) Paragraph (2) shall not apply to assistance for
humanitarian demining and aerial and maritime surveillance.
(4) If the Secretary makes the certification required in
paragraph (2), funds appropriated under the heading ``Foreign
Military Financing Program'' that are made available for
assistance for Sri Lanka should be used to support the
recruitment and training of Tamils into the Sri Lankan
military, Tamil language training for Sinhalese military
personnel, and human rights training for all military
personnel.
(5) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to vote against any loan, agreement, or other
financial support for Sri Lanka except to meet basic human
needs, unless the Secretary of State certifies to the
Committees on Appropriations that the Government of Sri Lanka
is meeting the requirements in paragraph (2)(E) and (F) of
this subsection.

enterprise funds

Sec. 7072. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance
with the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles III through VI of
this Act for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities and shall be subject to the regular
notification procedures of the Committees on Appropriations.

united nations population fund

Sec. 7073. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2011, $57,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health and Child Survival'' account and shall
be made available for family planning, maternal, and
reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that the UNFPA is budgeting for the year in which the report
is submitted for a country program in the People's Republic
of China.
(2) If a report under paragraph (1) indicates that the
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the report,
then the amount of such funds the UNFPA plans to spend in the
People's Republic of China shall be deducted from the funds
made available to the UNFPA after March 1 for obligation for
the remainder of the fiscal year in which the report is
submitted.

overseas private investment corporation

(including transfer of funds)

Sec. 7074. (a) Whenever the President determines that it is
in furtherance of the purposes of the Foreign Assistance Act
of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred
to, and merged with, funds appropriated by this Act for the
Overseas Private Investment Corporation Program Account, to
be subject to the terms and conditions of that account:
Provided, That such funds shall not be available for
administrative expenses of the Overseas Private Investment
Corporation: Provided further, That designated funding levels
in this Act shall not be transferred pursuant to this
section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority
of subsections (a) through (c) of section 234 of such Act
shall remain in effect through September 30, 2013.

extradition

Sec. 7075. (a) None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided
under the headings ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'',
``Emergency Migration and Refugee Assistance'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which
has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing
a law enforcement officer, as specified in a United States
extradition request.
(b) Subsection (a) shall only apply to the central
government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such
waiver is important to the national interests of the United
States.

climate change and environment programs

Sec. 7076. (a) In General.--Of the funds appropriated by
this Act, up to $1,476,550,000 may be made available for
programs and activities to--
(1) reduce, mitigate, and sequester greenhouse gases that
contribute to global climate change;
(2) support climate change adaptation; and
(3) protect biodiversity, including wildlife, tropical
forests, and other critical landscapes.
(b) Uses of Clean Energy Funding.--Funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' for clean energy programs and
activities, may be made available only to support and promote
the sustainable use of renewable energy technologies and end-
use energy efficiency technologies, carbon sequestration, and
carbon accounting.
(c) Tropical Forest Programs.--Funds appropriated under
title III of this Act 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 scale logging into
primary tropical forests, and shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided, That not more
than $5,000,000 of the funds that are available for the
Central African Regional Program for the Environment (CARPE)
and other tropical forest programs in the Congo Basin may be
obligated before approval of a new CARPE strategy.
(d) Authority.--Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law except for the
provisions of this section and subject to the regular
notification procedures of the Committees on Appropriations,
to support climate change and environment programs.
(e) Consultation.--Funds made available pursuant to this
section are subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That prior to the obligation of
funds appropriated by this Act for contributions to the
Forest Carbon Partnership Facility and the Forest Investment
Program, the Secretary of State and/or the Secretary of the
Treasury, as appropriate, shall determine and report to the
Committees on Appropriations that there have been meaningful
consultations by the World Bank with interested civil society
and indigenous organizations.
(f) Extraction of Natural Resources.--
(1) Funds appropriated by this Act shall be made available
to promote and support transparency and accountability of
expenditures and revenues related to the extraction of
timber, oil and gas, cacao and other natural resources,
including by strengthening

[[Page 20050]]

implementation and monitoring of the Extractive Industries
Transparency Initiative and the Kimberley Process
Certification Scheme, and by providing technical assistance
to promote independent audit mechanisms and support civil
society participation in natural resource management.
(2)(A) The Secretary of the Treasury shall inform the
managements of the international financial institutions and
post on the Department of the Treasury's Web site that it is
the policy of the United States to oppose any assistance by
such institutions (including but not limited to any loan,
credit, grant, or guarantee) for the extraction and export of
oil, gas, coal, timber, or other natural resource unless the
government of the country has in place functioning systems in
the sector in which assistance is being considered for:
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in the
extraction and export of natural resources;
(ii) the independent auditing of accounts receiving such
payments and the widespread public dissemination of the
findings of such audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this paragraph.
(3) The Secretary of the Treasury or the Secretary of
State, as appropriate, shall instruct the United States
executive director of each international financial
institution and the United States representatives to all
forest-related multilateral financing mechanisms and
processes, that it is the policy of the United States to
oppose the expansion of industrial scale logging into primary
tropical forests.
(g) Clean Technology Fund.--
(1) Authorization of appropriations.--For fiscal year 2011,
up to $315,000,000 is authorized to be appropriated for a
United States contribution to the Clean Technology Fund (the
Fund).
(2) Limits on country access.--The Secretary of the
Treasury shall use the voice and vote of the United States to
ensure that--
(A) the Fund does not provide more than 15 percent of Fund
resources to any one country;
(B) prior to the obligation of funds from the Fund to a
recipient country, recipient countries shall submit to the
governing body of the Fund, and the governing body of the
Fund appropriately reviews and considers, an investment plan
that will achieve significant net reductions in national-
level greenhouse gas emissions;
(C) the investment plan for a recipient country, whose
borrowing status is classified by the World Bank as
``International Development Association blend'', shall have
at least 15 percent of its total cost for public sector
activities contributed from the public funds of the recipient
country, and any recipient country whose borrowing status is
classified by the World Bank as ``International Bank for
Reconstruction and Development Only'' status, shall have at
least 25 percent of its total cost for public sector
activities contributed from public funds of the recipient
country; and
(D) assistance made available by the Fund is used
exclusively to support the deployment of clean energy
technologies in developing countries (including, where
appropriate, through the provision of technical support or
support for policy or institutional reforms) in a manner that
achieves substantial net reductions in greenhouse gas
emissions.
(3) Definitions.--For purposes of this subsection--
(A) Net reductions.--The term ``net reductions'' refers to
the extent to which a project or program supported under this
subsection results in lower greenhouse gas emissions than
would be emitted by the same entity or sector in the same
country in the absence of the Fund's project, taking into
account, unless impracticable, effects beyond the physical
boundaries of the project or program that result from project
or program activities.
(B) Public funds.--The term ``public funds'' may include
sovereign loans assumed by the recipient country to
contribute to the financing of the investment plan.
(C) Clean energy technology.--The term ``clean energy
technology'' means a technology that, as compared with
technologies being deployed at that time for widespread
commercial use in the country involved--
(i) achieves substantial reductions in greenhouse gas
emissions;
(ii) does not result in significant incremental adverse
effects on public health or the environment; and
(iii) does one or more of the following:

(I) generates electricity or useful thermal energy from a
renewable resource;
(II) substantially increases the energy efficiency of
buildings, industrial, or agricultural processes, or of
electricity transmission, distribution, or end-use
consumption;
(III) substantially increases the energy efficiency of the
transportation system or increases utilization of
transportation fuels that have lifecycle greenhouse gas
emissions that are substantially lower than those
attributable to fossil fuel-based alternatives.

prohibition on promotion of tobacco

Sec. 7077. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.

commercial leasing of defense articles

Sec. 7078. The second sentence of section 23(a) of the
Arms Export Control Act, as amended, (Public Law 96-29) is
further amended by striking ``and Egypt'' and inserting ``,
Egypt, and NATO and major non-NATO allies''.

international prison conditions

Sec. 7079. (a) Not later than 180 days after enactment of
this Act, the Secretary of State shall submit to the
Committees on Appropriations a report, which shall also be
made publicly available including on the Department of
State's Web site, indicating those countries receiving
assistance under the headings ``Development Assistance'',
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Foreign Military Financing
Program'' in this Act where the Assistant Secretary of State
for Democracy, Human Rights and Labor has determined, based
on the Department of State's most recent Human Rights Report
and any other relevant information, inhumane conditions in
prisons and other detention facilities are common.
(b) For purposes of each determination made pursuant to
subsection (a), the Assistant Secretary shall consider the
criteria listed in section 7085(b)(1 through 10) of division
F of Public Law 111-117.
(c) Funds appropriated by this Act to carry out the
provisions of chapters 1 and 11 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961, and the
Support for East European Democracy (SEED) Act of 1989, shall
be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance to help eliminate
inhumane conditions in foreign prisons and other detention
facilities.

transparency, accountability and anti-kleptocracy

Sec. 7080. (a) United Nations.--Funds appropriated by this
Act shall be available to continue to support efforts to
promote transparency and accountability at the United
Nations, including access to audits and program information,
as appropriate: Provided, That the Secretary of State,
following consultation with the Committees on Appropriations,
may withhold from obligation funds appropriated under the
heading ``International Organizations and Programs'' for a
United States contribution to a United Nations organization
or agency if the Secretary determines that such organization
or agency is not adequately implementing reforms to increase
transparency and accountability.
(b) International Monetary Fund.--
(1) The terms and conditions of section 7086(b) of division
F of Public Law 111-117 shall apply to this Act.
(2) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the
IMF before other private creditors and in full.
(c) National Budget and Contract Transparency.--
(1) None of the funds appropriated under titles III and IV
of this Act may be made available for assistance for the
central government of any country that fails to publicly
disclose on an annual basis its national budget, to include
income and expenditures by ministry, and government contracts
and licenses for natural resource exploitation, to include
bidding and concession allocation practices.
(2) The Secretary of State may waive the prohibition in
paragraph (1) on a country-by-country basis if the Secretary
reports to the Committees on Appropriations that to do so is
important to the national interests of the United States.
(3) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $1,500,000 may be made
available for programs and activities to assist the central
government of any country named in the report required by
paragraph (2) to improve budget transparency or to support
civil society organizations in such countries that promote
budget transparency: Provided, That such sums shall be in
addition to funds otherwise made available for such purposes.
(d) Good Governance and Accountability.--Programs funded
under title III of this Act shall include, where appropriate,
efforts to--
(1) strengthen governance, counter corruption, promote
accountability, and provide budget transparency to donors and
citizens of recipient countries;

[[Page 20051]]

(2) enhance civil society participation in governance and
oversight activities including participatory and transparent
budgeting, and capacity building to increase legislative
branch oversight; and
(3) improve police and justice systems that support anti-
corruption efforts and enforce the rule of law.
(e) Anti-kleptocracy.--
(1) In furtherance of the National Strategy to
Internationalize Efforts Against Kleptocracy and Presidential
Proclamation 7750, the Secretary of State shall compile and
maintain a list of officials of foreign governments and their
immediate family members who the Secretary has credible
evidence have been involved in corruption relating to the
extraction of natural resources in their countries.
(2) Any individual on the list compiled under paragraph (1)
shall be ineligible for admission to the United States.
(3) The Secretary may waive the application of paragraph
(2) if the Secretary determines that admission to the United
States is necessary to attend the United Nations, to further
important United States law enforcement objectives, or that
the circumstances which caused the individual to be included
on the list have changed sufficiently to justify the removal
of the individual from the list.
(4) Not later than 120 days after enactment of this Act,
the Secretary of State shall report in writing, in classified
form if necessary, to the Committees on Appropriations
describing the evidence of corruption concerning each of the
individuals listed pursuant to paragraph (1), which shall
include a list of any waivers provided under paragraph (3),
and the justification for each waiver.
(f) Asian Development Bank.--Ten percent of the funds
appropriated by this Act under the heading ``Contribution to
the Asian Development Fund'' shall be withheld from
obligation until the Secretary of the Treasury reports to the
Committees on Appropriations that the Asian Development Bank
(the Bank) is taking steps to--
(1) implement an independent review, to include external
specialists, of the operations and internal controls of the
Office of Information Systems and Technology and any other
offices considered vulnerable to fraud and corruption;
(2) strengthen internal controls to improve accountability
by management and prevent cases of fraud and corruption; and
(3) ensure that restitution, including criminal prosecution
if appropriate, is sought if the Bank experiences losses from
fraud and corruption.

disability programs

Sec. 7081. (a) Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States
Agency for International Development (USAID) to address the
needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for
the cost of translation.
(b) Funds appropriated under the heading ``Operating
Expenses'' in title II of this Act shall be made available to
develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal
participation of people with disabilities in developing
countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the USAID Administrator shall seek to ensure that, where
practicable, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight, and
technical support.

buying power maintenance, international organizations

Sec. 7082. (a) There may be established in the Treasury of
the United States a ``Buying Power Maintenance, International
Organizations'' account.
(b) At the end of each fiscal year, the Secretary of State
may transfer to, and merge with, ``Buying Power Maintenance,
International Organizations'' such amounts from
``Contributions to International Organizations'' as the
Secretary determines are in excess of the needs of activities
funded from ``Contributions to International Organizations''
because of fluctuations in foreign currency exchange rates.
(c) In order to offset adverse fluctuations in foreign
currency exchange rates, the Secretary of State may transfer
to, and merge with, ``Contributions to International
Organizations'' such amounts from ``Buying Power Maintenance,
International Organizations'' as the Secretary determines are
necessary to provide for the activities funded from
``Contributions to International Organizations''.
(d)(1) Subject to the limitations contained in this
section, not later than the end of the fifth fiscal year
after the fiscal year for which funds are appropriated or
otherwise made available for ``Contributions to International
Organizations'', the Secretary of State may transfer any
unobligated balance of such funds to the ``Buying Power
Maintenance, International Organizations'' account.
(2) The balance of the Buying Power Maintenance,
International Organizations account may not exceed
$15,000,000 as a result of any transfer under this
subsection.
(3) Any transfer pursuant to this subsection shall be
treated as a reprogramming of funds under section 34 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2706) and shall be available for obligation or expenditure
only in accordance with the procedures under such section.
(e)(1) Funds transferred to the ``Buying Power Maintenance,
International Organizations'' account pursuant to this
section shall remain available until expended.
(2) The transfer authorities in this section shall be
available for funds appropriated for fiscal year 2011 and for
each fiscal year thereafter, and are in addition to any
transfer authority otherwise available to the Department of
State under other provisions of law.

prohibition on first-class travel

Sec. 7083. None of the funds made available in this Act
may be used for first-class travel by employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.

prohibition on federal contractors in violation of civil rights act

Sec. 7084. (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 that is
awarded more than 60 days after the effective date of this
Act, 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 awarded more than 180 days after the effective date
of this Act 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 State 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 determines that to do so is
important to the national security interest of the United
States: Provided, That prior to exercising such waiver
authority (or, in an emergency, as soon as practicable), the
Secretary shall submit a report to the Committees on
Appropriations, in classified form if necessary, detaining
the grounds for the waiver.

millennium challenge corporation compacts

Sec. 7085. (a) Extension of Compacts.--Section 609(j) of
the Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) is
amended to read as follows:
``(j) Extension of Compact.--
``(1) In general.--Except as provided under paragraph (2),
the duration of a Compact shall not exceed 5 years.
``(2) Exception.--The duration of a Compact may be extended
beyond 5 years if the Board--
``(A) determines that a project included in the Compact
cannot be completed within 5 years; and
``(B) approves an extension of the Compact that does not
extend the total duration of the Compact beyond 7 years.
``(3) Congressional notification.--Not later than 15 days
before the date on which the Board is scheduled to vote on
the extension of a Compact beyond 5 years pursuant to
paragraph (2), the Board, acting through the Chief Executive
Officer, shall--

[[Page 20052]]

``(A) notify the Committees on Appropriations, the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
of its intent to approve such extension; and
``(B) provide such committees with a detailed explanation
for the determination and approval described in paragraph
(2).''.
(b) Concurrent and Subsequent Compacts.--Section 609(k) of
such Act (22 U.S.C. 7708(k)) is amended to read as follows:
``(k) Concurrent and Subsequent Compacts.--
``(1) In general.--Subject to paragraph (2), and in
accordance with the requirements of this title, an eligible
country and the United States may enter into and have in
effect concurrent and/or subsequent Compacts.
``(2) Requirements.--An eligible country and the United
States may enter into concurrent or subsequent Compacts if
the Board determines that such country--
``(A) is making significant, consistent progress in
implementing the terms of its existing Compact(s) and
supplementary agreements to such Compact(s); and
``(B) will contribute, in the case of a Low Income Country
as defined in section 606(a), not less than a 7.5 percent
contribution of the total amount agreed upon for a subsequent
Compact, or in the case of an Lower Middle Income Country
(LMIC) as defined in section 606(b), a 15 percent
contribution for a subsequent Compact.
``(3) Funding.--Millennium Challenge Corporation (MCC)
shall commit any funding for a concurrent Compact at the time
it funds the Compact.
``(4) Timing.--A concurrent Compact shall be signed not
later than 2 years after the signing of the earlier compact.
``(5) Limitation on compacts.--The MCC shall provide no
more than 15 years of compact funding to any country.''.
(c) Applicability.--The amendments made by subsection (a)
shall apply with respect to Compacts entered into between the
United States and an eligible country under the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) before, on or
after enactment of this Act, and those made by subsection (b)
shall apply prospectively to new compacts.
(d) Maintaining Candidate Status for Purposes of Income
Category.--Section 606 of the Millennium Challenge Act of
2003 (22 U.S.C. 7705) is amended as follows:
(1) Section (a)(1) is amended by striking the words
``Fiscal year 2004'' and inserting ``In general'', and by
striking the words ``for fiscal year 2004'' and inserting
``for a fiscal year''.
(2) Section (a)(1)(A) is stricken and replaced with the
following: ``The country has a per capita income equal to or
below the World Bank's lower middle income country threshold
for the fiscal year involved and is among the 75 lowest per
capita income countries as identified by the World Bank;
and'';
(3) Section (a)(2) is stricken.
(4) Section (b)(1)(A) is stricken and replaced with the
following: ``has a per capita income equal to or below the
World Bank's lower middle income country threshold for the
fiscal year involved and is not among the 75 lowest per
capita income countries as identified by the World Bank;
and''.
(e) Section 606 is amended by inserting the following--
``(d) Income Classification Transition.--Any country with a
per capita income that changes in a given fiscal year such
that the country would be reclassified in that fiscal year
from a low income country to a lower middle income country or
from a lower middle income country to a low income country
shall retain its candidacy status in its former income
classification for the fiscal year of the country's
transition and the two subsequent fiscal years.''.

global women's issues

Sec. 7086. (a) Department of State Office for Global
Women's Issues.--There is established, in the Office of the
Secretary of State, the Office for Global Women's Issues (the
Office). The Secretary of State may assign appropriate staff
with relevant technical and operational expertise to the
Office to carry out the purposes of this section.
(b) Ambassador-at-large for Global Women's Issues.--The
Office shall be headed by an Ambassador-at-Large for Global
Women's Issues (the Ambassador), who shall be appointed by
the President, by and with the advice and consent of the
Senate; report directly to the Secretary of State; and have
the rank and status of Ambassador-at-Large.
(1) Duties.--The Ambassador is authorized to--
(A) coordinate, advise on, promote and, where relevant,
design and implement, activities, policies, programs, and
funding of relevant bureaus and offices of the Department of
State, and other relevant executive branch agencies, which
relate to--
(i) gender integration;
(ii) women's and girls' health, economic, social and legal
development, protection, improvement in role and status in
society; and
(iii) prevention and response to violence against women and
girls, including child and forced marriage;
(B) work with relevant offices within the Department of
State, and in other relevant executive branch agencies, to
promote the collection, retention, and analysis of data using
internationally comparable indicators, norms and
methodologies to the extent possible on programs and
activities in paragraph (A); and
(C) subject to the direction of the President and the
Secretary of State, represent the United States in matters
relevant to the status of women internationally.
(c) Interagency Cooperation.--On behalf of the Secretary of
State, the Ambassador shall convene periodic meetings with
other executive branch agencies to enhance and ensure
effective coordination of policies, programs, and resources
regarding critical issues related to international women's
status and development.
(d) United States Agency for International Development
Gender Integration and Development Advisor.--There is
established, within the United States Agency for
International Development (USAID), the Gender Integration and
Development Advisor (the Advisor), who shall be appointed by,
and should report directly to, the USAID Administrator; be
highly qualified in the areas of international development
and gender integration; and participate in high-level
strategic policy, planning, operations, and evaluations
throughout all regional and functional disciplines of USAID.
(1) Support staff.--The Office of Women in International
Development shall report directly to the Advisor. The USAID
Administrator shall assign additional staff with technical
and operational expertise as may be needed to assist the
Advisor in carrying out the purposes of this section.
(2) Duties.--The Advisor is authorized to--
(A) coordinate and advise USAID efforts to integrate gender
in foreign assistance design, strategy, and programs,
including to make recommendations to the USAID Administrator
regarding USAID policies, procedures, and budgeting;
(B) collect and make publicly available data and analysis
on gender integration activities, women's development, and
strategies for gender-based violence prevention and response,
in accordance with agency-wide mechanisms for data
collection, monitoring, and evaluation; and
(C) provide recommendations to the Administrator and the
Ambassador.
(e) Strategy.--Not later than 1 year after enactment of
this Act, the Secretary of State and the USAID Administrator
shall submit to the Committees on Appropriations, the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
a 5-year strategy, developed by the Ambassador and the
Advisor in consultation with other Federal agencies,
multilateral organizations, foreign governments and United
States and foreign civil society organizations with relevant
expertise, to prevent and respond to violence against women
and girls comprehensively in at least 5 developing countries
with severe levels of violence, which shall include multi-
sector approaches, clear and achievable goals and objectives,
indicators and benchmarks for measuring progress, and
expected impacts, and the role of local women's organizations
in implementation.
(f) Clarification.--Nothing in this section shall be
construed as affecting in any way existing statutory
prohibitions related to abortion or existing statutory
prohibitions on the use of funds to lobby for or against
abortion.

asian development fund and asian development bank authorizations

Sec. 7087. 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) Contribution Authorized.--The United States Governor
of the Bank is authorized to contribute $461,000,000 on
behalf of the United States to the ninth replenishment of the
resources of the Fund, to the extent such amounts are made
available in advance through appropriations Acts.
``(b) Authorization of Appropriations.--In order to pay for
the United States contribution under 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 the capital
stock of the Bank shall be effective only to such extent and
in such amounts as are made available in advance through
appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank under 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 shall be for paid in shares of the Bank;
and
``(B) $12,790,243,843 shall be for callable shares of the
Bank.''.

inspectors general personnel

Sec. 7088. (a)(1) The provisions in this section shall
apply to the Inspector General of

[[Page 20053]]

the Department of State and the Inspector General of the
United States Agency for International Development.
(2) The term ``Government Employee'' has the meaning given
the term employee in section 2105 of title 5, United States
Code.
(3) The Inspector General may waive any of the following
provisions to employ annuitants (individuals who are entitled
to benefits under a retirement system for Government
employees): subsections (a) through (d) of section 8344 of
title 5, United States Code; subsections (a), (b) and (e) of
section 8468 of title 5, United States Code; subsections (a)
through (d) of section 824 of the Foreign Service Act of 1980
(22 U.S.C. 4064); and any other similar provision of law, as
identified by the Inspector General in regulations: Provided,
That the Inspector General may exercise this authority: only
on a case-by-case basis and only for so long as is necessary;
when necessary due to exceptional difficulty in the
recruitment or retention of a qualified employee for the
position involved or a temporary emergency hiring need; as
long as it does not cause the number of employees within the
Office of Inspector General (OIG) employed under this or
other similar authority to exceed, as of any given date, 15
percent of the total OIG workforce, determined on a full-time
equivalent basis; and this authority is repealed on October
1, 2013, except that an annuitant re-employed pursuant to the
waiver in this section before October 1, 2013, may continue
such employment until not later than September 30, 2014.
(4) Nothing in this section may be construed to permit or
require that any re-employed annuitant benefitting from a
waiver of a provision of law set forth in this section be
treated as a Government employee for purposes of the
retirement system to which such provision relates.
(5) The Inspector General is authorized to obtain services
under section 3109 of title 5, United States Code, without
regard to subsections (d)(1) of such section, and is
considered the head of the agency under subsection (b) of
such section for purposes of exercising this authority.
(A) Services may be obtained by the Inspector General for a
period of up to 1 year, with an option to extend such
services for an additional 2 years, and that the total number
of individuals employed under this section shall not exceed
15 percent of the total OIG workforce, determined on a full-
time equivalent basis.
(B) The authority to obtain such services shall expire on
September 30, 2014 except that an individual whose service
under this subsection is procured before October 1, 2014, may
continue to provide such service until not later than
September 30, 2015.
(b) Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(l)(1) The provisions of subsections (a)-(h) providing
for availability pay shall apply to a Foreign Service officer
serving as a criminal investigator in the Office of the
Inspector General of the United States Agency for
International Development.
``(2) For the purpose of this section, section 5542(d) of
this title, and section 13(a)(16) and (b)(30) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and
(b)(30)), such a Foreign Service officer shall be deemed to
be a criminal investigator as defined in this section.
``(3) For purposes of this subsection, the term `Foreign
Service officer' means as defined in section 103 (1)-(4) of
the Foreign Service Act of 1980, as amended (22 U.S.C. 2903
(1)-(4)).''.

rescissions

Sec. 7089. (a) Of the unobligated balances available under
the heading ``Subsidy Appropriation'' for the Export-Import
Bank of the United States in title VI of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8; 123
Stat. 846) and under such heading in prior acts making
appropriations for the Department of State, foreign
operations, and related programs, $160,000,000 are rescinded.
(b) 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, of which
$50,000,000 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 the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
(c) Of the unobligated balances available for the
International Broadcasting Operations account, as identified
by Treasury Appropriation Fund Symbol 95X0206, $633,000 are
rescinded.
(d) Of the amounts appropriated or otherwise made available
by section 101 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289), as amended by
section 2 of the Revised Continuing Appropriations
Resolution, 2007 (Public Law 110-5; 121 Stat. 8), for the
Broadcasting Board of Governors under the heading
``Broadcasting Capital Improvements'' that remain available
for obligation as of the date of the enactment of this Act,
$72,000 are rescinded.
(e) Of the unobligated balances available for the Child
Survival and Health Program Fund account, as identified by
Treasury Appropriation Fund Symbols 7206/111095 and 7207/
121095, $6,317,000 are rescinded.
(f) Of the unobligated balances available for the
Development Assistance account, as identified by Treasury
Appropriation Fund Symbols 7206/111021 and 7207/121021,
$4,928,000 are rescinded.
(g) Of the unobligated balances available for the Economic
Support Fund account, as identified by Treasury Appropriation
Fund Symbols 7206/111037, 7207/121037, $6,179,000 are
rescinded.
(h) 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 and 7207/121093, $3,294,000 are
rescinded.
(i) Of the unobligated balances available for the
International Narcotics Control and Law Enforcement account,
as identified by Treasury Appropriation Fund Symbols,
11X1022, 1911X1022, 1106/121022, and 191105/111022,
$11,143,000 are rescinded.
(j) Of the unobligated balances available for the
Assistance for Counternarcotics Activities account, as
identified by Treasury Appropriation Fund Symbol, 19X1154,
$3,148,000 are rescinded.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2011''.

DIVISION L--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2011

TITLE I

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

salaries and expenses

For necessary expenses of the Office of the Secretary,
$115,509,000, of which not to exceed $2,667,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,000,000 shall be available for the Immediate Office
of the Deputy Secretary; not to exceed $19,960,000 shall be
available for the Office of the General Counsel; not to
exceed $16,568,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$11,156,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,500,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,695,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,055,000 shall be
available for the Office of Public Affairs; not to exceed
$1,683,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,563,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $10,999,000 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed
$19,663,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs.

national infrastructure investment

For capital investments in transportation infrastructure,
$500,000,000, to remain available through September 30, 2013:
Provided, That the Secretary of Transportation shall
distribute funds provided under this heading as discretionary
grants to be awarded to a State, local government, transit
agency, or a collaboration among such entities on a
competitive basis for projects that will have a significant
impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided
under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United
States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and
freight rail transportation projects; and port infrastructure
investments: Provided further, That in distributing funds
provided under this heading, the Secretary shall take such
measures so as to ensure an equitable geographic distribution
of

[[Page 20054]]

funds, an appropriate balance in addressing the needs of
urban and rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $10,000,000 and not
greater than $125,000,000: Provided further, That not more
than 25 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package: Provided further, That
not less than $100,000,000 of the funds provided under this
heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas,
the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent:
Provided further, That of the amount made available under
this heading, the Secretary may transfer to the Federal
Highway Administration an amount not to exceed $60,000,000
for the purpose of paying the subsidy and administrative
costs of projects eligible for federal credit assistance
under chapter 6 of title 23, United States Code, if the
Secretary finds that such use of the funds would advance the
purposes of this paragraph: Provided further, That of the
amount made available under this heading, the Secretary may
use an amount not to exceed $20,000,000 for the planning,
preparation or design of projects eligible for funding under
this heading: Provided further, That projects conducted using
funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further, That the Secretary
shall publish criteria on which to base the competition for
any grants awarded under this heading no sooner than 60 days
after enactment of this Act, require applications for funding
provided under this heading to be submitted no sooner than
120 days after the publication of such criteria, and announce
all projects selected to be funded from funds provided under
this heading no sooner than September 15, 2011: Provided
further, That the Secretary may retain up to $20,000,000 of
the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration, and the Federal Maritime
Administration, to fund the award and oversight of surface
transportation grants.

financial management capital

For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $20,000,000, to remain
available through September 30, 2014.

cyber security initiatives

For necessary one-time expenses for cyber security
initiatives, including improvement of network perimeter
controls and identity management, testing and assessment of
information technology against business, security, and other
requirements, implementation of Federal cyber security
initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network
devices, and enhancement of cyber security workforce training
tools, $30,000,000, to remain available through September 30,
2014.

office of civil rights

For necessary expenses of the Office of Civil Rights,
$9,767,000.

transportation planning, research, and development

For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $16,769,000.

working capital fund

For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$148,096,000, shall be paid from appropriations made
available to the Department of Transportation: Provided, That
such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided
further, That the above limitation on operating expenses
shall not apply to non-DOT entities: Provided further, That
no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund
without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against
any program, budget activity, subactivity or project funded
by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.

minority business resource center program

For the cost of guaranteed loans, $329,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for administrative expenses
to carry out the guaranteed loan program, $584,000.

minority business outreach

For necessary expenses of Minority Business Resource Center
outreach activities, $3,553,000, to remain available until
September 30, 2012: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.

payments to air carriers

(airport and airway trust fund)

(including transfer of funds)

In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $146,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That, in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential
air service program in the current fiscal year, the Secretary
shall transfer such sums as may be necessary to carry out the
essential air service program from any available amounts
appropriated to or directly administered by the Office of the
Secretary for such fiscal year.

administrative provisions--office of the secretary of transportation

Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. None of the funds made available under this Act
may be obligated or expended to establish or implement a
program under which essential air service communities are
required to assume subsidy costs commonly referred to as the
EAS local participation program.
Sec. 103. The Secretary or his designee may engage in
activities with States and State legislators to consider
proposals related to the reduction of motorcycle fatalities.

Federal Aviation Administration

operations

(airport and airway trust fund)

(including transfer of funds)

For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 108-176, $9,817,739,000, of which
$4,559,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,653,128,000 shall be
available for air traffic organization activities; not to
exceed $1,304,486,000 shall be available for aviation safety
activities; not to exceed $16,747,000 shall be available for
commercial space transportation activities; not to exceed
$114,784,000 shall be available for financial services
activities; not to exceed $103,297,000 shall be available for
human resources program activities; not to exceed
$361,354,000 shall be available for region and center
operations and regional coordination activities; not to
exceed $208,644,000 shall be available for staff offices; and
not to exceed $55,949,000 shall be available for information
services: Provided, That the Secretary utilize not less than
$18,000,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of
Aviation Flight Standards and the Office of Aircraft
Certification: Provided further, That none of the funds
provided for increases to the staffs of the aviation flight
standards and aircraft certification offices shall be used
for other purposes: Provided further, That not to exceed 2
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 2
percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
the Administrator shall study and report to the House and
Senate Committees on Appropriations various alternatives for
developing an objective, data-driven test to be used in the
placement of air traffic controllers after the successful
completion of their training

[[Page 20055]]

at the Federal Aviation Administration Academy: Provided
further, That such study shall include an evaluation of the
amount of training controllers should receive at the Academy:
Provided further, That not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to
section 221 of Public Law 108-176: Provided further, That the
amount herein appropriated shall be reduced by $100,000 for
each day after March 31 that such report has not been
submitted to the Congress: Provided further, That not later
than March 31 of each fiscal year hereafter, the
Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification
staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year, and a
benchmark for assessing the amount of time aviation
inspectors spend directly observing industry field
operations: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation as offsetting collections funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $9,500,000
shall be for the contract tower cost-sharing program:
Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund.

facilities and equipment

(airport and airway trust fund)

For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,990,000,000, of which $2,508,000,000 shall
remain available until September 30, 2013, and of which
$482,000,000 shall remain available until September 30, 2011:
Provided, That of the funds provided under this heading,
$25,000,000 is available for next generation air
transportation equipage: Provided further, That the Secretary
of Transportation shall use existing authorities to
distribute funds made available for next generation air
transportation equipage under the previous proviso to air
carriers, other certificate holders, and avionics
manufacturers, or a collaboration among such entities, on a
competitive basis for projects that will demonstrate
significant benefits to the public, aviation industry or
aircraft operators, and take such measures so as to give
priority to maximizing the anticipated public benefit and
participant contribution: Provided further, That the Federal
share of the costs for which an expenditure is made for next
generation transportation equipage shall not exceed 80
percent of the total cost of the proposed equipage program:
Provided further, That there may be credited to this
appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That upon initial submission to the
Congress of the fiscal year 2012 President's budget, the
Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2012 through 2016, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget.

research, engineering, and development

(airport and airway trust fund)

For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$198,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2013:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.

grants-in-aid for airports

(liquidation of contract authorization)

(limitation on obligations)

(airport and airway trust fund)

For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,550,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,515,000,000 in fiscal year 2011,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, of funds limited
under this heading, not more than $99,622,000 shall be
obligated for administration, not less than $15,000,000 shall
be available for the airport cooperative research program,
not less than $27,217,000 shall be for Airport Technology
Research.

administrative provisions--federal aviation administration

Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2011.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2010, 49
U.S.C. 41742(b) shall not apply, and any amount remaining in
such account at the close of that fiscal year may be made
available to satisfy section 41742(a)(1) for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 115. None of the funds limited by this Act for grants
under the Airport Improvement Program shall be made available
to the sponsor of a commercial service airport if such
sponsor fails to agree to a request from the Secretary of
Transportation for cost-free space in a nonrevenue producing,
public use area of the airport terminal or other airport
facilities for the purpose of carrying out a public service
air passenger rights and consumer outreach campaign.
Sec. 116. None of the funds in this Act shall be available
for paying premium pay under

[[Page 20056]]

subsection 5546(a) of title 5, United States Code, to any
Federal Aviation Administration employee unless such employee
actually performed work during the time corresponding to such
premium pay.
Sec. 117. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 118. The Secretary shall apportion to the sponsor of
an airport that received scheduled or unscheduled air service
from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other
regulations as may be issued by the Secretary under the
authority of section 41709) an amount equal to the minimum
apportionment specified in 49 U.S.C. 47114(c), if the
Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on
data submitted to the Secretary under part 241 of title 14,
Code of Federal Regulations.
Sec. 119. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Deputy Assistant Secretary for Administration
of the Department of Transportation.

Federal Highway Administration

limitation on administrative expenses

(including transfer of funds)

Not to exceed $420,843,000, together with advances and
reimbursements received by the Federal Highway
Administration, shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration for necessary expenses for
administration and operation. In addition, not to exceed
$3,300,000 shall be paid from appropriations made available
by this Act and transferred to the Appalachian Regional
Commission in accordance with section 104 of title 23, United
States Code.

federal-aid highways

(limitation on obligations)

(highway trust fund)

None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $41,776,000,000 for Federal-aid
highways and highway safety construction programs for fiscal
year 2011: Provided, That within the $41,776,000,000
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $429,800,000
shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23,
United States Code; sections 111, 5505, and 5506 of title 49,
United States Code; and title 5 of Public Law 109-59) for
fiscal year 2011: Provided further, That this limitation on
transportation research programs shall not apply to any
authority previously made available for obligation: Provided
further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend
fees to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.

(liquidation of contract authorization)

(highway trust fund)

For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, not
otherwise provided, including reimbursement for sums expended
pursuant to the provisions of 23 U.S.C. 308, $42,515,000,000
or so much thereof as may be available in and derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.

(rescission of unobligated balances)

(highway trust fund)

Unobligated balances of funds made available for obligation
under 23 U.S.C. 320, 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. In addition, 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. In addition, 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.

planning capacity grants

For activities eligible under sections 134 and 135 of title
23, United States Code, and sections 5303 and 5304 of title
49 of such Code, $100,000,000, to remain available through
September 30, 2012: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a
metropolitan planning organization, or to a State, local,
tribal government, or agency thereof, on a competitive basis
for activities that will improve surface transportation
planning: Provided further, That not less than $25,000,000 of
the funds provided under this heading shall be for grants
that improve planning for rural areas: Provided further, That
up to $12,000,000 of the funds provided under this heading
may be for grants that improve public involvement in surface
transportation planning: Provided further, That a grant
funded under this heading shall be not greater than
$5,000,000: Provided further, That the Federal share of the
costs for which an expenditure is made under this heading
shall be 80 percent: Provided further, That the Secretary may
retain up to 1 percent of the funds provided under this
section to fund the award and oversight of grants made under
this heading: Provided further, That of the funds retained
under the previous proviso, 50 percent shall be available to
the Federal Highway Administration and 50 percent shall be
transferred to the Federal Transit Administration.

administrative provisions--federal highway administration

(including rescissions)

Sec. 120. (a) For fiscal year 2011, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States
Code (as in effect on the date before the date of enactment
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users); the highway use tax evasion
program; and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for previous fiscal
years the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 (but
individually for each project numbered 1 through 3676 listed
in the table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users) and section 144(g) of title 23, United
States Code; and section 14501 of title 40, United States
Code, so that the amount of obligation authority available
for each of such sections is equal to the amount determined
by multiplying the ratio determined under paragraph (3) by
the sums authorized to be appropriated for that section for
the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs
that are allocated by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code (other than
to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the
amounts authorized to be appropriated for each such program
for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but
only to the extent that the amounts apportioned for the
equity bonus program for the

[[Page 20057]]

fiscal year are greater than $2,639,000,000, and the
Appalachian development highway system program) that are
apportioned by the Secretary under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users and title 23, United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations: (1) under section 125 of title 23, United States
Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-
Aid Highway Act of 1981; (4) under subsections (b) and (j) of
section 131 of the Surface Transportation Assistance Act of
1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in
effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under
section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal years; (9) for
Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for
the 21st Century or subsequent public laws for multiple years
or to remain available until used, but only to the extent
that the obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States Code, but
only in an amount equal to $639,000,000 for each of fiscal
years 2005 through 2011; and (11) under section 1603 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, to the extent that funds obligated
in accordance with that section were not subject to a
limitation on obligations at the time at which the funds were
initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for a
period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-
aid highway and highway safety construction programs for
future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section
133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4)
shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section
in the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on
the date on which obligation authority is distributed under
this section for the next fiscal year following obligation
under paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of
the individual projects numbered greater than 3676 listed in
the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highways and highway
safety construction.
Sec. 122. Not less than 15 days prior to waiving, under
his statutory authority, any Buy America requirement for
Federal-aid highway projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity
on the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report
to the Appropriations Committees of the Congress on any
waivers granted under the Buy America requirements.
Sec. 123. (a) In General.--Except as provided in subsection
(b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise
authorize the imposition of any toll on any segment of
highway located on the Federal-aid system in the State of
Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of nontoll
lanes as were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a nontoll
lane for purposes of determining whether a highway will have
fewer nontoll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane
may use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be
replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority.
Sec. 124. There is hereby appropriated to the Secretary of
Transportation for the necessary expenses of certain highway
and surface transportation projects, $226,860,000, to remain
available until expended: Provided, That the amount provided
by this section shall be made available for the programs,
projects, and activities identified under this section in the
Committee report accompanying this Act: Provided further,
That funds provided by this section, at the request of a
State, shall be transferred by the Secretary of
Transportation to another Federal agency: Provided further,
That the Federal share payable on account of any program,
project, or activity carried out with funds provided under
this section shall be 100 percent: Provided further, That
none of the funds set aside by this section shall be subject
to any limitation on obligations for Federal-aid highways and
highway safety construction programs set forth in this Act or
any other Act.
Sec. 125. Of the unobligated balances made available under
Public Law 101-516, Public Law 102-143, Public Law 103-331,
and Public Law 106-346, $33,905,809 are rescinded: Provided,
That in administering the rescission required under this
section, the Secretary of Transportation shall first
consider: (1) projects where the designated purpose has been
completed and the remaining funds are no longer needed to
meet that purpose; and (2) projects with more than 90 percent
of the appropriated amount remaining available for
obligation.
Sec. 126. Of the amounts made available for ``Highway
Related Safety Grants'' by section 402 of title 23, United
States Code, and administered by the Federal Highway
Administration, $3,651 in unobligated balances are rescinded.
Sec. 127. For the Capitol Street Renaissance Project
transportation improvements,

[[Page 20058]]

MS; the Interstate 55 Interchange Lighting, MS; the Jonestown
Bypass, MS; and the Statesman Boulevard and Trail, MS; as
listed under the heading Delta Region Transportation
Development Program in the explanatory statement accompanying
the Consolidated Appropriations Act, 2010 (Public Law 111-
117), $901,018, to remain available until expended: Provided,
That the amount provided under this section shall be
distributed among the listed projects in proportion to the
listed dollar amount of each such project so that each
project so listed be funded at an amount not to exceed 93.5
percent of the amount so authorized: Provided further, That
the funds provided under this section shall be administered
in the same manner as the funds authorized under section 1308
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Public Law 109-59): Provided
further, That none of the funds provided under this section
shall be subject to any limitation on obligations for
Federal-aid highways and highway safety construction programs
set forth in this Act or any other Act.

Federal Motor Carrier Safety Administration

motor carrier safety operations and programs

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to ciation 31104(i) of title
49, United States Code, and sections 4127 and 4134 of Public
Law 109-59, $252,553,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together
with advances and reimbursements received by the Federal
Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That none of the
funds derived from the Highway Trust Fund in this Act shall
be available for the implementation, execution or
administration of programs, the obligations for which are in
excess of $252,553,000, for ``Motor Carrier Safety Operations
and Programs'' of which $8,586,000, to remain available for
obligation until September 30, 2013, is for the research and
technology program and $1,000,000 shall be available for
commercial motor vehicle operator's grants to carry out
section 4134 of Public Law 109-59: Provided further, That an
additional $7,325,000 shall be appropriated from the Highway
Trust Fund for the execution and administration of
information management operations and programs: Provided
further, That notwithstanding any other provision of law,
none of the funds under this heading for outreach and
education shall be available for transfer: Provided further,
That the Federal Motor Carrier Safety Administration shall
transmit to Congress a report on March 30, 2011, and
September 30, 2011, on the agency's ability to meet its
requirement to conduct compliance reviews on high-risk
carriers.

motor carrier safety grants

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

(including rescission)

For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313
of title 49, United States Code, and sections 4126 and 4128
of Public Law 109-59, $310,070,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $310,070,000, for ``Motor Carrier
Safety Grants''; of which $212,070,000 shall be available for
the motor carrier safety assistance program to carry out
sections 31102 and 31104(a) of title 49, United States Code;
$25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of
title 49, United States Code; $32,000,000 shall be available
for the border enforcement grants program to carry out
section 31107 of title 49, United States Code; $5,000,000
shall be available for the performance and registration
information system management program to carry out sections
31106(b) and 31109 of title 49, United States Code;
$25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program to carry
out section 4126 of Public Law 109-59; $3,000,000 shall be
available for the safety data improvement program to carry
out section 4128 of Public Law 109-59; and $8,000,000 shall
be available for the commercial driver's license information
system modernization program to carry out section 31309(e) of
title 49, United States Code: Provided further, That of the
funds made available for the motor carrier safety assistance
program, $32,000,000 shall be available for audits of new
entrant motor carriers: Provided further, That of the amount
made available under this heading 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: Provided further, That $30,569,000 in
unobligated balances are permanently rescinded.

motor carrier safety

(highway trust fund)

(rescission)

Of the amounts made available under this heading in prior
appropriations Acts, $7,330,000 in unobligated balances are
permanently rescinded.

national motor carrier safety program

(highway trust fund)

(rescission)

Of the amounts made available under this heading in prior
appropriations Acts, $15,076,000 in unobligated balances are
permanently rescinded.

administrative provision--federal motor carrier safety administration

Sec. 135. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety
and security of transportation into the United States by
Mexico-domiciled motor carriers.

National Highway Traffic Safety Administration

operations and research

For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109-59 and chapter 301
and part C of subtitle VI of title 49, United States Code,
$163,177,000, of which $44,945,000 shall remain available
through September 30, 2012: Provided, That none of the funds
appropriated by this Act may be obligated or expended to
plan, finalize, or implement any rulemaking to add to section
575.104 of title 49 of the Code of Federal Regulations any
requirement pertaining to a grading standard that is
different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.

operations and research

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, $110,073,000 to be derived from
the Highway Trust Fund (other than the Mass Transit Account)
and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in
fiscal year 2011, are in excess of $110,073,000 for programs
authorized under 23 U.S.C. 403: Provided further, That within
the $110,073,000 obligation limitation for operations and
research, $29,737,000 shall remain available until September
30, 2012 and shall be in addition to the amount of any
limitation imposed on obligations for future years.

national driver register

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $4,170,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the
total obligations for which, in fiscal year 2011, are in
excess of $4,170,000 for the National Driver Register
authorized under such chapter.

national driver register modernization

For an additional amount for the ``National Driver
Register''as authorized by chapter 303 of title 49, United
States Code, $2,530,000, to remain available through
September 30, 2012: Provided, That the funding made available
under this heading shall be used to continue the
modernization of the National Driver Register.

highway traffic safety grants

(liquidation of contract authorization)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
59, to remain available until expended, $611,828,000 to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2011, are in excess of $611,828,000 for programs authorized
under 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of
which $235,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405;

[[Page 20059]]

$110,000,000 shall be for ``Safety Belt Performance Grants''
under 23 U.S.C. 406, and such obligation limitation shall
remain available until September 30, 2012 in accordance with
subsection (f) of such section 406 and shall be in addition
to the amount of any limitation imposed on obligations for
such grants for future fiscal years, of which up to
$50,000,000 may be made available by the Secretary as grants
to States that enact and enforce laws to prevent distracted
driving; $34,500,000 shall be for ``State Traffic Safety
Information System Improvements'' under 23 U.S.C. 408;
$139,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Incentive Grant Program'' under 23 U.S.C.
410; $25,328,000 shall be for ``Administrative Expenses''
under section 2001(a)(11) of Public Law 109-59; $29,000,000
shall be for ``High Visibility Enforcement Program'' under
section 2009 of Public Law 109-59; $7,000,000 shall be for
``Motorcyclist Safety'' under section 2010 of Public Law 109-
59; and $7,000,000 shall be for ``Child Safety and Child
Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That of the funds made
available for grants to States that enact and enforce laws to
prevent distracted driving, up to $5,000,000 may be available
for the development, production, and use of broadcast and
print media advertising for distracted driving prevention:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410
``Alcohol-Impaired Driving Countermeasures Grants'' shall be
available for technical assistance to the States: Provided
further, That not to exceed $750,000 of the funds made
available for the ``High Visibility Enforcement Program''
shall be available for the evaluation required under section
2009(f) of Public Law 109-59.

administrative provisions--national highway traffic safety
administration

(including rescissions)

Sec. 140. Notwithstanding any other provision of law or
limitation on the use of funds made available under section
403 of title 23, United States Code, an additional $130,000
shall be made available to the National Highway Traffic
Safety Administration, out of the amount limited for section
402 of title 23, United States Code, to pay for travel and
related expenses for State management reviews and to pay for
core competency development training and related expenses for
highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws for
multiple years but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. Of the amounts available for the Consumer
Assistance to Recycle and Save Program, $16,000,000 in
unobligated balances are rescinded.
Sec. 143. Of the amounts made available under the heading
``National Driver Register (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $24,000 in unobligated
balances are permanently rescinded.
Sec. 144. Of the amounts made available under the heading
``Highway Traffic Safety Grants (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust
Fund)'' in prior appropriations Acts, $78,847,000 in
unobligated balances are permanently rescinded.

Federal Railroad Administration

safety and operations

For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $203,348,000, of
which $8,380,000 shall remain available through September 30,
2012, and $24,913,000 shall remain available through
September 30, 2015.

railroad research and development

For necessary expenses for railroad research and
development, $40,000,000, to remain available until expended.

railroad safety technology program

For necessary expenses of carrying out section 20158 of
title 49, United States Code, $75,000,000, to remain
available until expended: Provided, That to be eligible for
assistance under this heading, an entity need not have
developed plans required under subsection 20156(e)(2) of
title 49, United States Code, and section 20157 of such
title.

railroad rehabilitation and improvement financing program

The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2011.

capital assistance for high speed rail corridors and intercity
passenger rail service

To enable the Secretary of Transportation to make grants
for high-speed rail projects as authorized under section
26106 of title 49, United States Code, capital investment
grants to support intercity passenger rail service as
authorized under section 24406 of title 49, United States
Code, and congestion grants as authorized under section 24105
of title 49, United States Code, and to enter into
cooperative agreements for these purposes as authorized,
$1,000,000,000, to remain available until expended: Provided,
That up to $50,000,000 of funds provided under this paragraph
are available to the Administrator of the Federal Railroad
Administration to fund the award and oversight by the
Administrator of grants and cooperative agreements for
intercity and high-speed rail: Provided further, That up to
$30,000,000 of the funds provided under this paragraph are
available to the Administrator for the purposes of conducting
research and demonstrating technologies supporting the
development of high-speed rail in the United States,
including the demonstration of next-generation rolling stock
fleet technology and the implementation of the Rail
Cooperative Research Program authorized by section 24910 of
title 49, United States Code: Provided further, That the
national rail plan shall include a map depicting all high-
speed rail service envisioned in the plan and the estimated
cost to complete that service: Provided further, That up to
$50,000,000 of the funds provided under this paragraph may be
used for planning activities that lead directly to the
development of a passenger rail corridor investment plan
consistent with the requirements established by the
Administrator or a State rail plan consistent with chapter
227 of title 49, United States Code: Provided further, That
the Secretary may retain a portion of the funds made
available for planning activities under the previous proviso
to facilitate the preparation of a service development plan
and related environmental impact statement for high-speed
corridors located in multiple States: Provided further, That
not less than 85 percent of the funds provided under this
heading shall be for cooperative agreements that lead to the
development of entire segments or phases of intercity or
high-speed rail corridors: Provided further, That at least 30
days prior to issuing a letter of intent or cooperative
agreement pursuant to section 24402(f) of title 49, United
States Code, for a major corridor development program, the
Secretary shall provide to the House and Senate Committees on
Appropriations written notification consisting of a business
and public investment case for the proposed corridor program
which shall include: a comprehensive analysis of the monetary
and nonmonetary costs and benefits of the corridor
development program; an assessment of ridership, passenger
travel time reductions, congestion relief benefits,
environmental benefits, economic benefits, and other public
benefits; operating financial forecasts for the program; a
full capital cost estimation for the entire project,
including the amount, source and security of non-Federal
funds to complete the project; a summary of the grants
management plan and an evaluation of the grantee's ability to
sustain the project: Provided further, That the Federal share
payable of the costs for which a grant or cooperative
agreements is made under this heading shall be determined in
accordance with the provisions of Public Law 110-432, except
that the local share of expenditures shall be no less than 10
percent: Provided further, That in addition to the provisions
of title 49, United States Code, that apply to each of the
individual programs funded under this heading, subsections
24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of
title 49, United States Code, shall also apply to the
provision of funds provided under this heading: Provided
further, That a project need not be in a State rail plan
developed under chapter 227 of title 49, United States Code,
to be eligible for assistance under this heading: Provided
further, That recipients of grants under this paragraph shall
conduct all procurement transactions using such grant funds
in a manner that provides full and open competition, as
determined by the Secretary, in compliance with existing
labor agreements.

operating grants to the national railroad passenger corporation

To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), $563,000,000,
to remain available until expended: Provided, That each grant
request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That concurrent with the
President's budget request for fiscal year 2012, the
Corporation shall submit to the House and Senate Committees
on Appropriations a budget request

[[Page 20060]]

for fiscal year 2012 in similar format and substance to those
submitted by executive agencies of the Federal Government:
Provided further, That the Amtrak Inspector General shall
provide semiannual reports to the House and Senate Committees
on Appropriations on the estimated savings accrued as a
result of all operational reforms instituted by the
Corporation and estimations of possible future savings:
Provided further, That the budget, business plan and the 5-
Year Financial Plan shall include annual information on the
maintenance, refurbishment, replacement, and expansion for
all Amtrak rolling stock consistent with the comprehensive
fleet plan: Provided further, That the Corporation shall
notify the House and Senate Committees on Appropriations 5
days before making public any changes to the Corporation's
budget, business plan, 5-Year Financial Plan, semiannual
reports, or grant and legislative request, or any debt
application.

capital and debt service grants to the national railroad passenger
corporation

To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by section 101(c) and 219(b) of the
Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), $1,338,484,000, to remain
available until expended, of which not to exceed $277,000,000
shall be for debt service obligations as authorized by
section 102 of such Act: Provided, That after an initial
distribution of up to $200,000,000, which shall be used by
the Corporation as a working capital account, all remaining
funds shall be provided to the Corporation only on a
reimbursable basis: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management
oversight of capital projects funded by grants provided under
this heading, as authorized by subsection 101(d) of division
B of Public Law 110-432: Provided further, That the Secretary
shall approve funding for capital expenditures, including
advance purchase orders of materials, for the Corporation
only after receiving and reviewing a grant request for each
specific capital project justifying the Federal support to
the Secretary's satisfaction: Provided further, That none of
the funds under this heading may be used to subsidize
operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital
projects not approved by the Secretary of Transportation or
on the Corporation's fiscal year 2011 business plan: Provided
further, That of the funds provided under this heading, the
Secretary may retain $2,000,000 to fund expenses associated
with implementing section 212 of division B of Public Law
110-432, including the amendments made by section 212 to
section 24905 of title 49, United States Code.

administrative provisions--federal railroad administration

Sec. 150. Hereafter, notwithstanding any other provision
of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation
contracts to have services provided at or from any location
outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July
1, 2006, performed by a full-time or part-time Amtrak
employee whose base of employment is located within the
United States.
Sec. 151. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third party liability for such damages, and any amounts
collected under this section shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.

Federal Transit Administration

administrative expenses

For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $106,700,000: Provided, That
for an additional amount to carry out public transportation
fixed guideway safety oversight activities, $5,000,000, if
legislation authorizing such activities is enacted into law
prior to September 30, 2011: Provided further, That of the
funds available under this heading, not to exceed $2,050,000
shall be available for travel: Provided further, That none of
the funds provided or limited in this Act may be used to
create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2012 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on new starts, including proposed allocations
of funds for fiscal year 2012.

formula and bus grants

(liquidation of contract authority)

(limitation on obligations)

(highway trust fund)

For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $9,200,000,000 to be derived
from the Mass Transit Account of the Highway Trust Fund and
to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310,
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105-178, as amended, shall not exceed total
obligations of $8,360,565,000 in fiscal year 2011.

(highway trust fund)

(rescission)

Of the amounts authorized for fiscal year 2010 by section
5338(b)(1) of title 49, United States Code, to carry out
sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317,
5320, 5335, 5339, and 5340 of title 49, United States Code,
and section 3038 of the Federal Transit Act of 1998 (112
Stat. 392), $17,394,000 are permanently rescinded.

research and university research centers

For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $65,376,000, to remain available until
expended: Provided, That $10,000,000 is available to carry
out the transit cooperative research program under section
5313 of title 49, United States Code, $4,300,000 is available
for the National Transit Institute under section 5315 of
title 49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506
of title 49, United States Code: Provided further, That
$44,076,000 is available to carry out national research
programs under sections 5312, 5313, 5314, and 5322 of title
49, United States Code: Provided further, That of the funds
available to carry out section 5312 of title 49, United
States Code, $5,000,000 shall be available to the Secretary
to develop standards for asset management plans, provide
technical assistance to recipients engaged in the development
or implementation of an asset management plan, improve data
collection through the National Transit Database, and conduct
a pilot program designed to identify the best practices of
asset management.

capital investment grants

For necessary expenses to carry out section 5309 of title
49, United States Code, $1,850,000,000, to remain available
until expended, of which no less than $200,000,000 is for
section 5309(e) of such title.

(rescission)

Of the amounts appropriated for Capital Investment Grants
in Public Law 111-117, $25,830,000 are rescinded.

grants for energy efficiency and greenhouse gas reductions

For grants to public transit agencies for capital
investments that will reduce the energy consumption or
greenhouse gas emissions of their public transportation
systems, $65,000,000, to remain available through September
30, 2013: Provided, That priority shall be given to projects
that use innovative and potentially replicable approaches to
reducing energy consumption or greenhouse gas emissions:
Provided further, That the Secretary shall publish criteria
on which to base the competition for any grants awarded under
this heading no sooner than 90 days after the enactment of
this Act, require applications for funding provided under
this heading to be submitted no sooner than 120 days after
the publication of such criteria, and announce all projects
selected to be funded from funds provided under this heading
no sooner than September 15, 2011.

washington metropolitan area transit authority

For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary shall approve grants
for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the
Secretary shall determine that the Washington Metropolitan
Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system.

administrative provisions--federal transit administration

Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under ``Federal
Transit Administration, Capital Investment Grants'' and for
bus and bus facilities under ``Federal Transit
Administration, Formula and Bus Grants'' for projects
specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2013, and other
recoveries, shall be directed to projects eligible to use

[[Page 20061]]

the funds for the purposes for which they were originally
provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2010, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for new fixed guideway
system projects under the heading ``Federal Transit
Administration, Capital investment grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. Notwithstanding any other provision of law,
unobligated funds or recoveries under section 5309 of title
49, United States Code, that are available to the Secretary
of Transportation for reallocation shall be directed to
projects eligible to use the funds for the purposes for which
they were originally provided.
Sec. 165. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(6)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $4,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(6)(B) may be used by
the City and County of Honolulu to operate a passenger ferry
boat service demonstration project to test the viability of
different intra-island ferry boat routes and technologies.
Sec. 166. None of the funds provided or limited under this
Act may be used to enforce regulations related to charter bus
service under part 604 of title 49, Code of Federal
Regulations, for any transit agency who during fiscal year
2008 was both initially granted a 60-day period to come into
compliance with part 604, and then was subsequently granted
an exception from said part.
Sec. 167. Notwithstanding any other provision of law, when
evaluating the local share of the project authorized to be
carried out under section 3043(c)(86) of Public Law 109-59
(119 Stat. 1644) the Secretary shall give consideration to
all non-New Starts funds expended for engineering, final
design and construction of the Farrington Highway Guideway,
Stations, Maintenance Storage Facility and related elements
advanced with 100 percent non-New Starts funds.

Saint Lawrence Seaway Development Corporation

The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.

operations and maintenance

(harbor maintenance trust fund)

For necessary expenses for operations, maintenance, and
capital asset renewal of those portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $33,868,000, to be derived
from the Harbor Maintenance Trust Fund, pursuant to Public
Law 99-662.

Maritime Administration

maritime security program

For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $174,000,000, to remain available until
expended.

operations and training

For necessary expenses of operations and training
activities authorized by law, $172,262,000, of which
$11,240,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $30,900,000 shall remain available
until expended for capital improvements at the United States
Merchant Marine Academy, and of which $63,420,000 shall be
available for operations at the United States Merchant Marine
Academy, and of which $6,000,000 shall be available until
expended for the Secretary's reimbursement of overcharged
midshipmen fees for academic years 2003-2004 through 2008-
2009 and such action shall be final and conclusive: Provided,
That amounts apportioned for the United States Merchant
Marine Academy shall be available only upon allotments made
personally by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs: Provided
further, That the Superintendent, Deputy Superintendent and
the Director of the Office of Resource Management of the
United States Merchant Marine Academy may not be allotment
holders for the United States Merchant Marine Academy, and
the Administrator of the Maritime Administration shall hold
all allotments made by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs under the
previous proviso: Provided further, That 50 percent of the
funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the
Secretary, in consultation with the Superintendent and the
Maritime Administrator, completes a plan detailing by program
or activity how such funding will be expended at the Academy,
and this plan is submitted to the House and Senate Committees
on Appropriations.

ship disposal

For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $10,000,000, to remain available until
expended.

maritime guaranteed loan (title xi) program account

For necessary administrative expenses of the maritime
guaranteed loan program $4,000,000 shall be paid to the
appropriation for ``Operations and Training'', Maritime
Administration.

assistance to small shipyards

To make grants to qualified shipyards as authorized under
section 3508 of Public Law 110-417 or section 54101 of title
46, United States Code, $15,000,000, to remain available
until expended: Provided, That to be considered for
assistance, a qualified shipyard shall submit an application
for assistance no later than 60 days after enactment of this
Act: Provided further, That from applications submitted under
the previous proviso, the Secretary of Transportation shall
make grants no later than 120 days after enactment of this
Act in such amounts as the Secretary determines: Provided
further, That not to exceed 2 percent of the funds
appropriated under this heading shall be available for
necessary costs of grant administration.

administrative provision--maritime administration

Sec. 175. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.

Pipeline and Hazardous Materials Safety Administration

operational expenses

(pipeline safety fund)

(including transfer of funds)

For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,383,000, of
which $639,000 shall be derived from the Pipeline Safety
Fund: Provided, That $1,000,000 shall be transferred to
``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under
section 60130 of title 49, United States Code.

hazardous materials safety

For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $49,434,000, of which $6,497,000 shall
remain available until September 30, 2013: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions: Provided further, That in fiscal year 2012, the
Administrator of the Pipeline and Hazardous Materials Safety
Administration shall propose to collect a reasonable fee for
expenses incurred for processing applications for, and
ensuring compliance with the terms of, special permits and
approvals issued under 49 U.S.C. 5117.

pipeline safety

(pipeline safety fund)

(oil spill liability trust fund)

For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $111,111,000, 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
$92,206,000 shall be derived from the Pipeline Safety Fund,
of which $51,206,000 shall remain available until September
30, 2013: Provided, That not less than $1,053,000 of the
funds provided under this heading shall be for the one-call
State grant program.

emergency preparedness grants

(emergency preparedness fund)

For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the

[[Page 20062]]

Emergency Preparedness Fund, to remain available until
September 30, 2012: Provided, That not more than $28,318,000
shall be made available for obligation in fiscal year 2011
from amounts made available by 49 U.S.C. 5116(i) and 5128(b)-
(c): Provided further, That none of the funds made available
by 49 U.S.C. 5116(i), 5128(b), or 5128(c) shall be made
available for obligation by individuals other than the
Secretary of Transportation, or his designee.

Research and Innovative Technology Administration

research and development

For necessary expenses of the Research and Innovative
Technology Administration, $16,790,000, of which $9,655,000
shall remain available until September 30, 2013: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training.

Office of Inspector General

salaries and expenses

For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $86,406,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading may be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.

Surface Transportation Board

salaries and expenses

For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $30,874,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2011, to result in a final appropriation from the
general fund estimated at no more than $29,624,000.

General Provisions--Department of Transportation

Sec. 180. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Research and University Research Centers''
account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway
Administration, the Federal Railroad Administration and the
Federal Transit Administration shall be for the eligible
programs, projects and activities in the corresponding
amounts identified in the explanatory statement accompanying
this Act for ``Ferry Boats and Ferry Terminal Facilities'',
``Federal Lands'', ``Interstate Maintenance Discretionary'',
``Transportation, Community and System Preservation
Program'', ``Delta Region Transportation Development
Program'', ``Rail Line Relocation and Improvement Program'',
``Rail-highway crossing hazard eliminations'', ``Capital
Investment Grants'', ``Alternatives analysis''', and ``Bus
and bus facilities''.
Sec. 187. Notwithstanding any other provisions of law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase
such stock upon the payment to the Department of an amount
determined by the Secretary.
Sec. 188. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive a
discretionary grant award, any discretionary grant award,
letter of intent, or full funding grant agreement totaling
$1,000,000 or more is announced by the department or its
modal administrations from: (1) any discretionary grant
program of the Federal Highway Administration including the
emergency relief program; (2) the airport improvement program
of the Federal Aviation Administration; (3) any grant from
the Federal Railroad Administration; or (4) any program of
the Federal Transit Administration other than the formula
grants and fixed guideway modernization programs: Provided,
That the Secretary gives concurrent notification to the House
and Senate Committees on Appropriations for any ``quick
release'' of funds from the emergency relief program:
Provided further, That no notification shall involve funds
that are not available for obligation. In addition, none of
the funds in this Act to the Department of Transportation may
be used to make a grant award unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
announcement of a project competitively selected to receive a
discretionary grant award from a program with an annual
budget equal to or exceeding $40,000,000.
Sec. 189. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 190. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to the transfer of any such recovery to
an appropriations account, the Secretary shall notify to the
House and Senate Committees on Appropriations of the amount
and reasons for such transfer: Provided further, That for
purposes of this section, the term ``improper payments'', has
the same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
Sec. 191. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, said
reprogramming action shall be approved or denied solely by
the Committees on Appropriations: Provided, That the
Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations
on such reprogramming but not sooner than 30 days following
the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on
Appropriations.
Sec. 192. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate or practice
complaints filed with the Board in

[[Page 20063]]

an amount in excess of the amount authorized for district
court civil suit filing fees under section 1914 of title 28,
United States Code.
Sec. 193. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 194. (a) In the explanatory statement contained in
House Report 106-940 accompanying Public Law 106-346 (114
Stat. 1356A), in the table of projects under the heading
``Capital Investments Grants'', the item relating to
``Lowell, Massachusetts-Nashua, New Hampshire Commuter Rail
Project'' is deemed to be amended by inserting ``and
Manchester'' after ``Nashua''.
(b) Notwithstanding any other provision of law, funds made
available under the Federal Transit Administration Capital
Investment Grants Account in fiscal year 2008 (Public Law
110-161) for METRA Connects Southeast Service, Illinois,
METRA Star Line, Illinois, METRA Union Pacific Northwest
Line, Illinois, METRA Union Pacific West Line, Illinois and
funds made available in fiscal year 2009 (Public Law 111-8)
for METRA, Illinois, shall be made available until September
30, 2011.
(c) Of the $1,000,000 appropriated under the heading
``General Provisions'' in Public Law 108-7 for Juneau
Heliport, Alaska, the unobligated balance shall be available
for improvements to bridges owned by the City and Borough of
Juneau, Alaska.
(d) Notwithstanding any other provision of law, funds made
available in Public Law 111-8 for ``Phase 3 Rail
Rehabilitation in Redwood Falls, MN'' shall be available for
obligation and expenditure for ``Minnesota Valley Regional
Rail Authority, MN.''
(e) Funds made available for the City of Las Vegas, NV
``Bonneville Clark Couplet'' through Department of
Transportation Appropriations Acts for fiscal year 2009
(Public Law 111-8) and fiscal year 2010 (Public Law 111-17)
that remain unobligated or unexpended shall be made available
to the ``Decatur Boulevard/Charleston Boulevard Intersection
Improvements'' in Las Vegas, Nevada.
(f) In the explanatory statement referenced in section 186
of division K of Public Law 110-161, the item relating to
``Walton Boulevard Bridge widening, MI'' is deemed to be
amended by striking ``Walton Boulevard Bridge widening, MI''
and inserting ``Avon Road Bridge and Livernois Road Bridge
Reconstruction, MI''.
(g) Notwithstanding any other provision of law, the amounts
made available for the Interstate 579 Cap-Urban Green Space
and Park Plaza, Pittsburgh, Pennsylvania, by the explanatory
statement accompanying the Consolidated Appropriations Act,
2010 (Public Law 111-117; 123 Stat. 3034), shall be used for
projects for street, traffic flow, pedestrian, and
streetscape improvements in Pittsburgh, Pennsylvania.
(h) The explanatory statement referenced in section 186 of
title I of division A of Public Law 111-117 for ``Alternative
analysis'' under ``Federal Transit Administration--Formula
and Bus Grants'' is deemed to be amended by striking
``Hudson-Bergen MOS-2 Northern NJ'' and inserting ``Hudson-
Bergen Light Rail Extension Route 440, Jersey City, NJ.''
(i) In the explanatory statement referenced in section 186
of title I of division I of Public Law 111-8, the item
relating to ``Starkweather Creek Parkway Bike Path, WI'' in
the table of projects under the heading ``Transportation,
Community, and System Preservation Program'' is deemed to be
amended by striking ``Starkweather Creek Parkway Bike Path,
WI'' and inserting ``Military Ridge Trail/Cannonball Path
multi-purpose bike and pedestrian bridge, WI''.
(j) Public Law 111-8 is amended by striking ``Construct On/
Off Ramps Connecting I-20 to Cotton Flat Road'' and inserting
``Make Improvements to the I-20/250 Loop Interchange
Project''.
(k) The Secretary of Transportation shall not reallocate
capital investment funds made available for the I-69 HOV/BRT,
Mississippi, project and section 5309 bus funds made
available to the LOU Public Transit System, Oxford, MS, in
Public Law 110-161 and the accompanying explanatory
statement.
(l) Amounts provided for Provo Orem Bus Rapid Transit, in
Public Law 110-161 shall not be reallocated and shall be made
available for Provo Orem Bus Rapid Transit and intermodal
terminals.
(m) Funding provided for ``Pierce Transit Peninsula Park &
Ride, WA'' under Bus and Bus Facilities in Public Law 110-161
shall be made available for ``Pierce Transit Vehicle
Replacement''.
(n) The explanatory statement accompanying the Fiscal Year
2003 Consolidated Appropriations Act shall be deemed to be
amended by striking ``Ways to Work--EPIC Yakima'' and
inserting ``Ways to Work, Metropolitan Family Service, SW
Washington''.
(o) The explanatory statement accompanying the Fiscal Year
2004 Consolidated Appropriations Act shall be deemed to be
amended by striking ``Ellensburg Interchange I-90, Milepost
108.31, Washington'' and inserting ``I-90 Ellensburg
vicinity--US 97 and local roadway improvements''.
(p) The explanatory statement accompanying the Fiscal Year
2004 Consolidated Appropriations Act shall be deemed to be
amended by striking ``SR 31, All Weather Roadway Construction
and Widening, Pend Oreille County, Washington'' and inserting
``SR 31 Corridor Improvements and local transportation
projects (Pend Oreille County)''.
(q) Notwithstanding any other provision of law, the funding
made available for the Schuylkill Valley Metro project
through the Department of Transportation Appropriations Acts
for Federal Fiscal Year 2007, 2008 and 2009 shall remain
available for that project during Federal fiscal years 2010
and 2011.
(r) Notwithstanding any other provision of law, the
$10,976,000 appropriated for the CORRIDORone Regional Rail
Project in Pennsylvania under the Capital Investment Grants
account in division K of the Consolidated Appropriations Act,
2008 (Public Law 110-161) shall be available for obligation
until September 30, 2011.
(s) Notwithstanding any other provision of law, of the
$2,500,000 appropriated for the Alle-Kiski Connector Bridge
in Department of Transportation Appropriations Act, 2005,
Public Law 108-447, $2,100,000 shall be available for right
of way, design, and construction activities for the Hulton
Bridge in Oakmont, Pennsylvania and $400,000 shall be
available for a feasibility study for construction of the
Alle-Kiski Connector Bridge.
(t) Notwithstanding any other provision of law, the funding
made available for the Franklin Street Station Restoration
(BARTA) through the Department of Transportation
Appropriations Act of Federal Fiscal Year 2008 shall remain
available for that project during Federal fiscal year 2011.
(u) Funds provided for ``I-85 NB Viaduct at SR 400 NB--Exit
Lane, GA'' in Public Law 111-8 shall be made available for
``I-285/Ashford Dunwoody Interchange Reconstruction''.
(v) In the explanatory statement referenced in section 186
of title I of division A of Public Law 111-117 (123 Stat.
3070), the item relating to ``Chalk Bluff Road, Clay County,
AR'' in the table of projects under the heading ``Delta
Region Transportation Development Program'' is deemed to be
amended by striking ``Chalk Bluff Road, Clay County, AR'' and
inserting ``Cabot North Interchange, AR''.
(w) In the explanatory statement referenced in section 186
of title I of division A of Public Law 111-117 (123 Stat.
3070), the item relating to ``I-480/Tiedeman Road Interchange
Modification, OH'' in the table of projects under the heading
``Interstate Maintenance Discretionary'' is deemed to be
amended by striking ``I-480/Tiedeman Road Interchange
Modification, OH'' and inserting ``Construction and upgrades
at four grade crossings in Olmsted Falls, OH''.
(x) Funds made available for ``Construction of the I-278
Environmental Shield, Queens, NY'' under the heading
``Surface transportation priorities'' in title I of division
A of Public Law 111-117 (123 Stat. 3044) shall be made
available for ``Reconstruction and reconfiguration of the
northbound off-ramp from Interstate 95 to Bartow/Baychester
Avenue, Bronx, NY''.
(y) In the explanatory statement referenced in section 186
of title I of division I of Public Law 111-8 (123 Stat. 947),
the item relating to ``Newton County Rails to Trails By-Pass
Tunnel, GA'' in the table of projects under the heading
``Transportation, Community, and System Preservation
Program'' is deemed to be amended by striking ``Newton County
Rails to Trails By-Pass Tunnel, GA'' and inserting ``Newton
County Eastside High School to County Library Trail, GA''.
(z) The amount authorized for the project entitled ``New I-
25 Interchange near m.p. 217, NM'' described on page 164 of
the statement of the managers (H. Rept. 109-307) accompanying
the Transportation, Treasury, Housing and Urban Development,
the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115), and
related administrative funding, may be used to provide for an
interchange on I-25 to provide access to Mesa del Sol, New
Mexico.
(aa) The amount authorized for the project entitled ``Paseo
del Volcan I-40 Interchange, NM'' described on page 165 of
the statement of the managers (H. Rept. 109-307) accompanying
the Transportation, Treasury, Housing and Urban Development,
the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115), and
related administrative funding, may be used to provide for I-
40 improvements in Bernalillo County, New Mexico.
(bb) The explanatory statement accompanying Public Law 108-
447 is deemed to be amended by striking ``SR509/SR518
Interchange/Intersection Redevelopment Burien, Washington''
and inserting: ``SR518 Interchange/Intersection Redevelopment
(Burien), Washington''.

[[Page 20064]]

(cc) Funds made available for ``West Haven Intermodal
Station, CT'' through title IV of division K of Public Law
110-161 (121 Stat. 1844) and for the ``West Haven Rail
Passenger Station, CT'' through title I of division A of
Public Law 111-117 (123 Stat. 3034) shall be made available
for bus projects eligible under section 5309(b)(3) of title
49, United States Code, and improvements to the surface
transportation corridors in the City of West Haven, CT,
including streetscapes and pedestrian walkways.
(dd) The explanatory statement accompanying the Fiscal Year
2010 Consolidated Appropriations Act shall be deemed to be
amended by striking ``Highway and Bridge improvements CR97,
Nicolls Road Highway Improvements'' and inserting ``Highway
and bridge improvements to CR 46, William Floyd Parkway in
the vicinity of Narrows Bay Bridge''.
(ee) Funds made available for ``Empire Corridor West High
Speed Rail Improvements, Monroe County, NY'' under the
heading ``Surface transportation priorities'' in title I of
division A of Public Law 111-117 (123 Stat. 3044) shall be
made available for ``Rochester Intermodal Transportation
Center, NY''.
(ff) Any unobligated balance appropriated under the heading
``Highway Demonstration Projects'' in title I of Public Law
102-143 (105 Stat. 929) and made available for the Delaware
Street Bridge Replacement Project, (CR640) Bridge over
Mathews Branch in West Deptford Township, New Jersey by
section 191(d) of Division K of Public Law 110-161, shall be
made available for Resurfacing and Safety Improvements to CR
553 (Buck Road) in Franklin and Elk Townships in Gloucester
County, New Jersey.
(gg) The explanatory statement accompanying Public Law 111-
8 shall be deemed to be amended by striking ``Rich Passage
Wake Impact Study, WA'' and inserting ``Rich Passage Wake
Impact Study, including: wake impact shore monitoring and
Prototype Field Operations Testing, including: live load
passenger service''.
(hh) The explanatory statement accompanying Public Law 111-
117 shall be deemed to be amended by striking ``Northstar
Phase II--Extension of Northstar Commuter Rail to the St.
Cloud Area, MN'' and inserting ``Northstar Commuter Rail
Station in Ramsey, Minnesota''.
Sec. 195. (a) Section 3044(a) of Public Law 109-59 is
amended--
(1) By striking the project description in item 422 and
inserting, ``Anchorage People Mover transit needs, Anchorage,
AK.''
(2) By striking the project description in item 160 and
inserting, ``Nebraska Statewide Vehicles, Facilities and
Related Equipment''.
(3) By striking the project description in item 586 and
inserting, ``Nebraska Department of Roads--Statewide
Vehicles, Facilities and Related Equipment''.
(b) All amounts made available in item 422 of section
3044(a) of Public Law 109-59 which have not been obligated by
September 30, 2010 shall remain available for obligation
until September 30, 2011.
(c) Section 3046(a)(22) of Public Law 109-59 is amended--
(1) In the paragraph heading, by striking ``fuel cell-
powered bus'' and inserting ``hydrogen-powered transit''; and
(2) By striking ``Fuel Cell-Powered Bus'' and inserting
``Hydrogen-Powered Transit''.
(d) Notwithstanding any other provision of law, the
Secretary of Transportation shall not reallocate any funding
made available for item 22 of section 3046 of Public Law 109-
59.
(e) In section 1702 of Public Law 109-59, Project
Authorizations, under item No. 400, strike the existing text
under Project Description and insert in lieu thereof ``Road,
sidewalk, and drainage construction and improvements, City of
Unalaska.''
(f) The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat 1256) is amended in item 1399 by
striking the project description and inserting ``I-40
Frontage Road Reconstruction in the City of Gallup''.
(g) The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) is amended in item 54 by
striking the project description and inserting ``Study of a
direct link to I-80 and Iowa Highway 92, in proximity to
Pella''.
(h) The table contained in section 1934(c) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1485) is amended in item 105 by
striking the project description and inserting ``Study of a
direct link to I-80 and Iowa Highway 92, in proximity to
Pella''.
(i) Amounts made available for the Cuming Street
Transportation Improvement Project in items 4497 and 4506 of
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59) and in item 276 of section 1934(c) of such Act may be
expended for--
(1) lighting, landscaping, and pedestrian enhancements on
Cuming Street from 16th Street to 30th Street and on Burt
Street from 31st Street to Florence Boulevard, including
burial of certain over head utilities;
(2) pedestrian safety improvements on 24th Street from
Cuming Street to Davenport Street, including the
incorporation of traffic circles at Cass Street and Davenport
Street and adjacent lighting, landscaping, and safety
enhancements; and
(3) the reconfiguration of the Dodge Street/Douglas Street
transition curve in conjunction with 30th Street.
(j) Section 1702 of the SAFETEA-LU: A Legacy for Users
(Public Law 109-59, 119 Stat. 114, 1278; Public Law 110-244,
122 Stat. 1571, 1579) is amended by striking the project
description in item 576 and inserting ``Design, right-of-way
acquisition and construction of Nebraska Highway 35 between
Norfolk and South Sioux City and for design, right-of-way
acquisition and construction of an interchange east of Dakota
Avenue on I-129.''
(k) Section 1702 of the SAFETEA-LU: A Legacy for Users
(Public Law 109-59, 199 Stat. 1144, 1429; Public Law 110-224,
122 Stat. 1571, 1595) is amended by striking the project
description in item 4507 and inserting ``Design, right-of-way
acquisition and construction of Nebraska Highway 35 between
Norfolk and south Sioux City and for design, right-of-way
acquisition and construction of an interchange east of Dakota
Avenue on I-129''.
(l) In Public Law 109-59, the table contained in section
1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1256) is amended in item number 2406 (119 Stat. 1350) by
striking ``in Fort Worth'' in the project description and
inserting ``, or construct SH 199 (Henderson St.) through the
Trinity Uptown Project between the West Fork and Clear Fork
of the Trinity River, in Fort Worth''.
(m)(1) The project description in item 3730 under section
1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59, 119 Stat. 1400) is amended by adding at the end the
following: ``(to include the Montgomery Outer Loop)''.
(n) The project description in item 16 under section
1934(c) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59, 119 Stat. 1486) is amended by adding at the end the
following: ``(to include the Montgomery Outer Loop)''.
(o) The SAFETEA-LU (Public Law 109-59) is amended--
(1) in section 1702--
(A) by striking project number 4892 (119 Stat. 1443); and
(B) in project number 4924 (119 Stat. 444), by striking the
project amount and inserting ``$6,149,733.82''; and
(2) in section 1934--
(A) by striking project number 374 (119 Stat. 1505); and
(B) in project number 382 (119 Stat. 1505), by striking the
project amount and inserting ``$20,446,640''.
(p) Item 3557 of section 1702 of Public Law 109-59 is
amended by striking ``Improve Mill Plain Blvd between SE
172nd and SE 192nd in Vancouver'' and inserting ``Extend 18th
Street between 87th Avenue and NE 192nd Avenue in
Vancouver''.
(q) Item 744 of section 1702 of Public Law 109-59 is
amended by striking ``Widen I-5 through Lewis County'' and
inserting ``I-5 Frontage Road and I-5 Interchange
Improvements in Lewis County''.
(r) Item 2827 of section 1702 of Public Law 109-59 is
amended by striking ``Construct SR 9 Pedestrian Overpass in
Arlington'' and inserting ``State Route 9/Crown Ridge Blvd.
Improvements''.
(s) Item 249 of section 1702 of Public Law 109-59 is
amended by striking ``Complete preliminary engineering and
environmental analysis for SR14 through Camas and Washougal''
and inserting ``Complete preliminary engineering,
environmental and construction for SR 14 through Camas and
Washougal''.
(t) The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) is amended--
(1) in item number 1366, by striking the project
description and inserting ``Road and bridge improvements and
storm water mitigation in the Town of Southampton''; and
(2) in item number 2252 by striking the project description
and inserting ``Operational safety studies, final design and/
or construction of intersection operational and safety
improvements for USH 53 between Rice Lake and Superior,
Wisconsin''.
(u) The table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat.
257) is amended--
(1) in item number 414 by striking the project description
and inserting ``Engineering, design and construction of the
North Street, Pittsfield, streetscaping project''; and
(2) in item number 815 by striking the project description
and inserting `` Highway 10 relocation, City of Wadena''.
(v) The table contained in section 1702 of the SAFETEA-LU
(Public Law 109-59) is amended--
(1) In item number 598 (119 Stat. 1279) by striking the
project description and inserting ``Construction to provide
access to Mesa del Sol in Albuquerque''.
(2) In item number 291 (119 Stat. 1267) by striking the
project description and inserting ``Development of Paseo del
Volcan corridor in Sandoval County''.

[[Page 20065]]

(3) In item number 4546 (119 Stat. 1430) by striking the
project description and inserting ``I-40 improvements,
Bernalillo County''.
(4) In item number 4549 (119 Stat. 1430) by striking the
project description and inserting ``Paseo de Volcan in Rio
Rancho''.
(5) In items 371 and 4340, by striking ``Allen Road under
the CN Railroad Grade Separation, Woodhaven'' and inserting
``Allen and Van Horn Roads, Woodhaven''.
Sec. 196. The Secretary shall continue an independent and
comprehensive study and analysis to supplement that
authorized under section 108, division C, of Public Law 111-
8: Provided, That additional funding will help to engage
stakeholders and Federal partners by creating a multi-agency
task force funded to formulate DOT's coordination with the
Departments of Energy, Commerce and Agriculture to ensure a
comprehensive understanding of the full value of river flow
support to users in the Mississippi and Missouri Rivers:
Provided further, That subjects of analysis shall include
energy (including hydropower and generation cooling), and
water transport (including water-compelled rates, projected
total transportation congestion considerations,
transportation energy efficiency, air quality and carbon
emissions) and water users (including the number and
distribution of people, households, municipalities, and
business throughout the Missouri and Mississippi River basins
who use river water for multiple purposes): Provided further,
That in addition to understanding current value, the
Department is directed to work with appropriate Federal
partners to develop recommendations on how to minimize
impediments to growth and maximize water value of benefits
related to energy production and efficiency, congestion
relief, trade and transport efficiency, and air quality:
Provided further, That the Department of Transportation shall
provide its analysis and recommendations to the U.S. Army
Corps of Engineers, the White House, and the Congress no
later than January 2012: Provided further, That $2,000,000 is
available until expended for such purposes.
Sec. 197. Section 194 of Public Law 111-117 is amended--
(1) in subsection (b) by striking ``1-year'' and inserting
``2-year'';
(2) in subsection (c) by striking ``366'' and inserting
``731'';
(3) in subsection (d) by striking ``Interstate Routes 89,
91, and 93'' and inserting ``all portions of the Interstate
System'';
(4) in subsection (e) by striking ``1-year'' and inserting
``2-year'';
(5) in subsection (f) by striking ``366'' and inserting
``731''; and
(6) in subsection (g) by--
(A) striking ``on the Vermont Pilot Program'';
(B) striking ``2 years'' and inserting ``3 years'';
(C) striking ``pilot program under this paragraph'' and
inserting ``pilot programs under this section''; and
(D) striking ``State of Vermont'' and inserting ``States of
Maine and Vermont''.
This title may be cited as the Department of Transportation
Appropriations Act, 2011.

TITLE II

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Management and Administration

executive direction

For necessary salaries and expenses for Executive
Direction, $28,310,000, of which not to exceed $7,464,000
shall be available for the immediate Office of the Secretary
and Deputy Secretary; not to exceed $1,706,000 shall be
available for the Office of Hearings and Appeals; not to
exceed $719,000 shall be available for the Office of Small
and Disadvantaged Business Utilization; not to exceed
$839,000 shall be available for the immediate Office of the
Chief Financial Officer; not to exceed $1,395,500 shall be
available for the immediate Office of the General Counsel;
not to exceed $2,709,000 shall be available to the Office of
the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $4,691,000 shall
be available for the Office of the Assistant Secretary for
Public Affairs; not to exceed $1,843,000 shall be available
to the Office of the Assistant Secretary for Public and
Indian Housing; not to exceed $1,487,500 shall be available
to the Office of the Assistant Secretary for Community
Planning and Development; not to exceed $3,015,000 shall be
available to the Office of the Assistant Secretary for
Housing, Federal Housing Commissioner; not to exceed $992,000
shall be available to the Office of the Assistant Secretary
for Policy Development and Research; and not to exceed
$700,000 shall be available to the Office of the Assistant
Secretary for Fair Housing and Equal Opportunity; and not to
exceed $749,000 shall be available to the Office of the Chief
Operating Officer: Provided, That the Secretary of the
Department of Housing and Urban Development is authorized to
transfer funds appropriated for any office funded under this
heading to any other office funded under this heading
following the written notification to the House and Senate
Committees on Appropriations: Provided further, That the
Secretary shall provide the Committees on Appropriations
quarterly written notification regarding the status of
pending congressional reports: Provided further, That the
Secretary shall provide all signed reports required by
Congress electronically: Provided further, That not to exceed
$25,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses as the
Secretary may determine: Provided further, That the Secretary
shall notify the Committees on Appropriations one month
before any of the funds made available under this heading may
be used for international travel.

administration, operations and management

For necessary salaries and expenses for administration,
operations and management for the Department of Housing and
Urban Development, $525,040,000, of which not to exceed
$65,449,000 shall be available for the personnel compensation
and benefits of the Office of the Chief Human Capital
Officer; not to exceed $9,122,000 shall be available for the
personnel compensation and benefits of the Office of
Departmental Operations and Coordination; not to exceed
$48,465,000 shall be available for the personnel compensation
and benefits of the Office of Field Policy and Management;
not to exceed $15,932,000 shall be available for the
personnel compensation and benefits of the Office of the
Chief Procurement Officer; not to exceed $33,597,000 shall be
available for the personnel compensation and benefits of the
remaining staff in the Office of the Chief Financial Officer;
not to exceed $86,482,000 shall be available for the
personnel compensation and benefits of the remaining staff in
the Office of the General Counsel; not to exceed $3,115,000
shall be available for the personnel compensation and
benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,171,000 shall be available for
the personnel compensation and benefits for the Center for
Faith-Based and Community Initiatives; not to exceed
$2,237,000 shall be available for the personnel compensation
and benefits for the Office of Sustainability; not to exceed
$3,695,000 shall be available for the personnel compensation
and benefits for the Office of Strategic Planning and
Management; not to exceed $4,375,000 shall be available for
the personnel compensation and benefits for the Office of the
Chief Disaster and Emergency Management Officer; and not to
exceed $251,400,000 shall be available for nonpersonnel
expenses of the Department of Housing and Urban Development:
Provided, That, funds provided under this heading may be used
for necessary administrative and nonadministrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may
be used for advertising and promotional activities that
support the housing mission area: Provided further, That the
Secretary shall notify the Committees on Appropriations one
month before any of the funds made available under this
heading may be used for international travel.

Personnel Compensation and Benefits

public and indian housing

For necessary personnel compensation and benefits expenses
of the Office of Public and Indian Housing, $194,889,000.

community planning and development

For necessary personnel compensation and benefits expenses
of the Office of Community Planning and Development mission
area, $104,656,000.

housing

For necessary personnel compensation and benefits expenses
of the Office of Housing, $390,885,000.

office of the government national mortgage association

For necessary personnel compensation and benefits expenses
of the Office of the Government National Mortgage
Association, $14,000,000, to be derived from the GNMA
guarantees of mortgage backed securities guaranteed loan
receipt account.

policy development and research

For necessary personnel compensation and benefits expenses
of the Office of Policy Development and Research,
$21,138,000.

fair housing and equal opportunity

For necessary personnel compensation and benefits expenses
of the Office of Fair Housing and Equal Opportunity,
$70,363,000.

office of healthy homes and lead hazard control

For necessary personnel compensation and benefits expenses
of the Office of Healthy Homes and Lead Hazard Control,
$7,151,000.

Public and Indian Housing

tenant-based rental assistance

(including transfer of funds)

For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,298,997,653, to remain available until expended, shall be
available on October 1, 2010 (in addition to the
$4,000,000,000 previously appropriated under this heading
that

[[Page 20066]]

will become available on October 1, 2010), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2011: Provided, That of the amounts
made available under this heading are provided as follows:
(1) $16,993,997,653 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose vouchers initially funded in fiscal years 2008, 2009
and 2010 (such as Family Unification, Veterans Affairs
Supportive Housing Vouchers and Non-elderly Disabled
Vouchers): Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2011 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for calendar year 2010 and by applying
the most recent 12 months of the Annual Adjustment Factor as
established by the Secretary, and by making any necessary
adjustments for the costs associated with the first-time
renewal of vouchers under this paragraph including tenant
protection, and HOPE VI vouchers: Provided further, That none
of the funds provided under this paragraph may be used to
fund a total number of unit months under lease which exceeds
a public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the Moving to Work demonstration, which are instead governed
by the terms and conditions of their MTW agreements: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph, pro
rate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further,
That except as provided in the following provisos, the entire
amount specified under this paragraph shall be obligated to
the public housing agencies based on the allocation and pro
rata method described above, and the Secretary shall notify
public housing agencies of their annual budget not later than
60 days after enactment of this Act: Provided further, That
the Secretary may extend the 60-day notification period with
the prior written approval of the House and Senate Committees
on Appropriations: Provided further, That public housing
agencies participating in the Moving to Work demonstration
shall be funded pursuant to their Moving to Work agreements
and shall be subject to the same pro rata adjustments under
the previous provisos: Provided further, That up to
$150,000,000 shall be available only: (1) to adjust the
allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of tenant-based rental assistance resulting
from unforeseen circumstances or from portability under
section 8(r) of the Act; (2) for vouchers that were not in
use during the 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the Act;
(3) for any increase in the costs associated with deposits to
family self-sufficiency program escrow accounts; (4) for one-
time adjustments of renewal funding for public housing
agencies in receivership with approved fungibility plans for
calendar year 2009 as authorized in section 11003 of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329); or (5) to
adjust allocations for public housing agencies to prevent
termination of assistance to families receiving assistance
under the disaster voucher program, as authorized by Public
Law 109-148 under the heading ``Tenant-Based Rental
Assistance'': Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need as
determined by the Secretary: Provided further, That of the
amounts made available under this paragraph, up to
$100,000,000 may be transferred to and merged with the
appropriation for ``Transformation Initiative'';
(2) $150,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act, HOPE VI vouchers, mandatory and voluntary conversions,
exigent health and safety issues in public housing units, and
tenant protection assistance including replacement and
relocation assistance or for project based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That the Secretary may only provide
replacement vouchers for all units that were occupied within
the previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That of the amounts made available under this
paragraph, $25,000,000 shall be available to provide tenant
protection assistance, not otherwise provided under this
paragraph, to residents residing in low-vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of (1) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of
the Secretary prior to loan prepayment, (2) the expiration of
a rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law, or (3) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the
previous proviso may be provided under the authority of
section 8(t) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall
issue guidance to implement the previous two provisos,
including but not limited to requirements for defining
eligible at-risk households within 120 days of the enactment
of this Act;
(3) $1,851,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $50,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
incremental vouchers: Provided, That no less than
$1,741,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2011 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, for fiscal year 2010 and prior fiscal years,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That amounts provided under
this paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities: Provided
further, That of the total amount provided under this
paragraph, $60,000,000 shall be available for family self-
sufficiency coordinators under section 23 of the Act:
Provided further, That amounts provided for family self-
sufficiency coordinators shall be obligated to the public
housing agencies not later than 60 days after enactment of
this Act;
(4) $15,000,000 for incremental voucher assistance through
the Family Unification Program: Provided, That the assistance
made available under this paragraph shall continue to remain
available for family unification upon turnover: Provided
further, That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding section
204 (competition provision) of this title, to entities with
demonstrated experience and resources for supportive
services;
(5) $63,000,000 for renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013) entered into prior to
fiscal year 2007: Provided, That such renewals shall be
entered into pursuant to section 8(o) of the United States
Housing Act of 1937 in an amount necessary to fully fund the
conversion of the number of authorized vouchers under each
such section 811 contract to each such section 8(o) contract,
including necessary administrative expenses, from the date of
renewal through the end of calendar year 2011: Provided
further, That unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development in prior fiscal
years for tenant-based assistance under such section 811
shall be available for renewal or amendment of contracts
converted under this paragraph: Provided further, That all
assistance made available under this paragraph shall continue
to remain available only to persons with disabilities upon
turnover: Provided further, That such converted vouchers may
be administered by the entity administering the vouchers
prior to conversion and any such entity shall be considered a
``public housing agency'' authorized to engage in the
operation of tenant-based assistance under

[[Page 20067]]

such section 8(o) with respect to such converted vouchers;
(6) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That
Veterans Affairs Supportive Housing projects may be
designated as single sex projects for such purposes as
approved by the Secretary of Housing and Urban Development
and the Secretary of the Department of Veterans Affairs,
notwithstanding any other statutory or regulatory
requirement: Provided further, That the Secretary of Housing
and Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turnover;
(7) up to $66,000,000 for incremental tenant-based
assistance for eligible families assisted under the Disaster
Housing Assistance Program for Hurricanes Ike and Gustav:
Provided, That these vouchers will not be re-issued when
families leave the program;
(8) $85,000,000 for incremental voucher assistance under
section 8(o) of the United States Housing Act of 1937,
including related administrative expenses, for two
competitive demonstration programs to address the needs of
families and individuals who are homeless or at risk of
homelessness, as defined by the Secretary of Housing and
Urban Development, to be administered by the Department of
Housing and Urban Development in conjunction with the
Department of Health and Human Services and the Department of
Education: Provided, That one demonstration program shall
make funding available to public housing agencies that: (1)
partner with eligible State or local entities responsible for
distributing Temporary Assistance for Needy Families (TANF)
and other health and human services as designated by the
Secretary of the Department of Health and Human Services, and
(2) partner with school homelessness liaisons funded through
the Department of Education's Education for Homeless Children
and Youths program: Provided further, That the other
demonstration program shall make funding available to public
housing agencies that partner with eligible state Medicaid
agencies and State behavioral health entities as designated
by the Secretary of the Department of Health and Human
Services to provide housing in conjunction with Medicaid case
management, substance abuse treatment, and mental health
services: Provided further, That the Secretary of Housing and
Urban Development shall make the funding specified in this
subsection available through such allocation procedures as
the Secretary determines to be appropriate, notwithstanding
section 213 of the Housing and Community Development Act of
1974 (42 U.S.C. 1439) and section 204 (competition provision)
of this title, to entities with demonstrated experience and
that meet such other requirements as determined by the
Secretary: Provided further, That the Secretary of Housing
and Urban Development may waive, or specify alternative
requirements for any provision of any statute or regulation
that the Secretary of Housing and Urban Development
administers in connection with the use of funds made
available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That the Secretary shall
publish in the Federal Register any waiver of any statute or
regulation applicable to the entire demonstration that the
Secretary administers pursuant to this subsection no later
than 10 days before the effective date of such waiver:
Provided further, That assistance made available under this
subsection shall continue to remain available for these
purposes upon turnover; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.

housing certificate fund

(rescission)

Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2011 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be cancelled:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from project-based
section 8 contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.

public housing capital fund

For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,500,000,000, to remain available until September 30, 2014:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2011 the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $15,345,000 shall
be to support the ongoing Public Housing Financial and
Physical Assessment activities of the Real Estate Assessment
Center (REAC): Provided further, That of the total amount
provided under this heading, not to exceed $30,000,000 shall
be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs including safety and
security measures necessary to address crime and drug-related
activity as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2011:
Provided further, That of the amounts made available under
the previous proviso, not less than $10,000,000 shall be for
safety and security measures: Provided further, That of the
amounts provided under this heading up to $25,000,000 may be
for grants to be competitively awarded to public housing
agencies for the construction, rehabilitation or purchase of
facilities to be used to provide early education, adult
education, job training or other appropriate services to
public housing residents: Provided further, That the
Department of Housing and Urban Development shall publish a
notice of funding availability within 90 days of the
enactment of this Act: Provided further, That grantees shall
demonstrate an ability to leverage other Federal, State,
local or private resources for the construction,
rehabilitation or acquisition of such facilities, and that
selected grantees shall demonstrate a capacity to pay the
long-term costs of operating such facilities: Provided
further, That of the total amount provided under this
heading, $50,000,000 shall be for supportive services,
service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided further, That a
Notice of Funding Availability for the funds provided in the
previous proviso shall be issued not later than 60 days after
enactment of this Act: Provided further, That of the total
amount provided under this heading up to $8,820,000 is to
support the costs of administrative and judicial
receiverships: Provided further, That from the funds made
available under this heading, the Secretary shall provide
bonus awards in fiscal year 2011 to public housing agencies
that are designated high performers.

public housing operating fund

(including transfer of funds)

For 2011 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,775,000,000: Provided, That, in fiscal
year 2009 and all fiscal years hereafter, no amounts under
this heading in any appropriations Act may be used for
payments to public housing agencies for the costs of
operation and management of public housing for any year prior
to the current

[[Page 20068]]

year of such Act: Provided further, That of the amounts made
available under this heading, up to $15,000,000 may be
transferred to and merged with the appropriation for
``Transformation Initiative''.

revitalization of severely distressed public housing (hope vi)

For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937 (42 U.S.C. 1437v),
$200,000,000, to remain available until September 30, 2012,
of which the Secretary of Housing and Urban Development may
use up to $5,000,000 for technical assistance and contract
expertise, to be provided directly or indirectly by grants,
contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training,
by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none
of such funds shall be used directly or indirectly by
granting competitive advantage in awards to settle litigation
or pay judgments, unless expressly permitted herein: Provided
further, That a Notice of Funding Availability for the funds
provided under this heading shall be issued not later than 90
days after enactment of this Act: Provided further, That of
the amounts provided under this heading, up to $90,000,000
may be available for a demonstration of the Choice
Neighborhoods Initiative (subject to such section 24 except
as otherwise specified under the provisos for this
demonstration under this heading) for the transformation,
rehabilitation and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, public assets,
transportation and access to jobs and schools, including
public schools, community schools and charter schools:
Provided further, That for this demonstration, funds may also
be used for the conversion of vacant or foreclosed properties
to affordable housing: Provided further, That use of funds
made available for this demonstration under this heading
shall not be deemed to be public housing notwithstanding
section 3(b)(1) of such Act: Provided further, That grantees
shall commit to an additional period of affordability,
determined by the Secretary, but not fewer than 20 years:
Provided further, That grantees shall undertake comprehensive
local planning with input from residents and the community:
Provided further, That for the purpose of this demonstration,
applicants may include local governments, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, and the Administrator of the Environmental
Protection Agency to coordinate and leverage other
appropriate Federal resources: Provided further, That the
Secretary shall develop and publish a Notice of Funding
Availability for the allocation and the use of such
competitive funds in this demonstration, including but not
limited to eligible activities, program requirements,
protections and services for affected residents and
performance metrics.

native american housing block grants

For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $700,000,000, to remain available until
expended: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race Census data and with the need component
based on multi-race Census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the amounts made available under this heading,
$3,500,000 shall be contracted for assistance for a national
organization representing Native American housing interests
for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities
as authorized under NAHASDA; and $4,250,000 shall be to
support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the
training, oversight, and management of such Indian housing
and tenant-based assistance, including up to $300,000 for
related travel: Provided further, That of the amount provided
under this heading, $2,000,000 shall be made available for
the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That
such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$20,000,000.

native hawaiian housing block grant

For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $13,000,000, to remain available until expended:
Provided, That of this amount, $300,000 shall be for training
and technical assistance activities, including up to $100,000
for related travel by Hawaii-based HUD employees.

indian housing loan guarantee fund program account

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $9,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $994,000,000:
Provided further, That up to $750,000 shall be for
administrative contract expenses including management
processes and systems to carry out the loan guarantee
program.

native hawaiian housing loan guarantee fund program account

For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $1,044,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$41,504,255.

Community Planning and Development

housing opportunities for persons with aids

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $345,000,000, to remain
available until September 30, 2012, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2013: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the Department
shall notify grantees of their formula allocation within 60
days of enactment of this Act.

community development fund

For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,450,000,000, to remain
available until September 30, 2013, unless otherwise
specified: Provided, That of the total amount provided,
$3,990,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for
planning grants provided in the second paragraph and amounts
made available under the third paragraph), not to exceed 20
percent of any grant made with funds appropriated under this
heading shall be expended for planning and management
development and administration: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That $65,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
204 of this Act), up to $3,960,000 may be used for
emergencies that constitute imminent threats to health and
safety.
Of the amount made available under this heading,
$170,176,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the explanatory statement
accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program
operations: Provided further, That, for fiscal years 2009,
2010 and 2011, no unobligated funds for EDI grants may be
used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or
construction.
Of the amount made available under this heading,
$23,600,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine

[[Page 20069]]

whether housing benefits can be integrated more effectively
with welfare reform initiatives: Provided, That amounts made
available under this paragraph shall be provided in
accordance with the terms and conditions specified in the
explanatory statement accompanying this Act.
The referenced explanatory statement for item 113 under the
heading ``Community Development Fund'' in title III of
division A of Public Law 109-115 is deemed to be amended by
striking ``a pedestrian bridge'' and inserting ``pedestrian
and disabled access improvements''.
The referenced statement of the managers under this heading
in title II of division A of Public Law 111-117 is deemed to
be amended by striking ``World Trade Center of St. Louis, MO
for the construction of a commercialization center'' and
inserting ``World Trade Center of St. Louis, MO for equipment
and the construction of a commercialization center''.
The referenced explanatory statement under this heading in
division I of Public Law 111-8 is deemed to be amended with
respect to ``Providence Community Action, RI'' by striking
``for purchase of a building to provide transitional housing
for homeless families''' and inserting ``for purchase and
renovation of a building to provide transitional housing for
homeless families''.
The referenced explanatory statement under this heading in
title II of division I of Public Law 111-8 (123 Stat. 524),
is deemed to be amended with respect to ``Jefferson County,
CO'' by striking ``for the purchase of a 15-unit apartment
complex located in Golden, CO to provide housing for homeless
veterans'' and inserting ``for the construction, purchase, or
renovation of a facility to provide housing for homeless
veterans''.
The referenced explanatory statement under this hearing in
title II of division A of Public Law 111-117 (123 Stat.
3034), is deemed to be amended with respect to the item
relating to ``Jefferson County, CO'' by striking ``For the
housing authority to establish a new program of housing and
supportive services for homeless veterans'' and inserting
``for the construction, purchase, or renovation of a facility
to provide housing for homeless veterans''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``City of Wilson, NC, for demolition of dilapidated
structures from downtown Wilson to further downtown
redevelopment'' and inserting ``City of Wilson, NC, for the
renovation of blighted structures to enhance downtown
development''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Catskill Visitor Interpretative Center, Shandaken,
NY, for construction of a visitor's center'' and inserting
``New York State Department of Environmental Conservation,
NY, for planning and design of the Catskill Visitor
Interpretative Center''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Charles County Department of Human Services,
Maryland, Port Tobacco, MD, for acquisition and
rehabilitation of the former Changing Point South facility as
a homeless shelter and transitional housing'' and inserting
``Charles County Department of Human Services, Port Tobacco,
MD, for acquisition and rehabilitation of a facility''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division I of Public Law 111-8 is deemed to be amended by
striking ``Covenant House California, Los Angeles, CA, For
design and construction of a homeless youth shelter'' and
inserting ``Covenant House California, Los Angeles, CA, To
renovate a support services facility to serve homeless youth
in Los Angeles''.
The referenced statement of managers under the heading
``Community Planning and Development'' in title II in
division A of Public Law 111-117 is deemed to be amended by
striking ``Altadena Library District, Altadena, CA,
Renovation, expansion and ADA compliance at a public
library'' and inserting ``Altadena Library District,
Altadena, CA, For planning, design, renovation, expansion and
ADA compliance at a public library''.
Of the amounts made available under this heading,
$150,000,000 shall be made available for a Sustainable
Communities Initiative to improve regional planning efforts
that integrate housing and transportation decisions, and
increase the capacity to improve land use and zoning:
Provided, That grants under such Initiative may only be made
to metropolitan planning organizations (MPOs), rural planning
organizations, States or other units of general local
government, Indian tribes, and housing-, economic
development- or transportation-related nonprofit
organizations: Provided further, That $100,000,000 shall be
for Regional Integrated Planning Grants to support the
linking of transportation and land use planning: Provided
further, That not less than $25,000,000 of the funding made
available for Regional Integrated Planning Grants shall be
awarded to metropolitan areas of less than 500,000: Provided
further, That $40,000,000 shall be for Community Challenge
Planning Grants to foster reform and reduce barriers to
achieve affordable, economically vital, and sustainable
communities: Provided further, That before funding is made
available for Regional Integrated Planning Grants or
Community Challenge Planning Grants, the Secretary, in
coordination with the Secretary of Transportation, shall
submit a plan to the House and Senate Committees on
Appropriations, the Senate Committee on Banking and Urban
Affairs, and the House Committee on Financial Services
detailing any changes to the grant criteria or performance
measures by which the success of grantees will be measured
that were first established in fiscal year 2010: Provided
further, That the Secretary will consult with the Secretary
of Transportation in evaluating grant proposals: Provided
further, That up to $10,000,000 shall be for a joint
Department of Housing and Urban Development and Department of
Transportation research effort that shall include a rigorous
evaluation of the Regional Integrated Planning Grants and
Community Challenge Planning Grants programs, as well as to
provide funding for a clearinghouse and capacity building
efforts: Provided further, That of the amounts made available
under this heading, $25,000,000 shall be made available for
the Rural Innovation Fund for grants to Indian tribes, State
housing finance agencies, State community and/or economic
development agencies, local rural nonprofits and community
development corporations to address the problems of
concentrated rural housing distress and community poverty:
Provided further, That of the funding made available under
the previous proviso, at least $5,000,000 shall be made
available to promote economic development and
entrepreneurship for federally recognized Indian Tribes,
through activities including the capitalization of revolving
loan programs and business planning and development, funding
is also made available for technical assistance to increase
capacity through training and outreach activities: Provided
further, That the Department of Housing and Urban Development
shall publish a notice of funding availability for the Rural
Innovation Fund within 120 days of enactment of this Act:
Provided further, That of the amounts made available under
this heading, $26,224,000 is for grants pursuant to section
107 of the Housing and Community Development Act of 1974 (42
U.S.C. 5307).

community development loan guarantees program account

For the cost of guaranteed loans, $8,000,000, to remain
available until September 30, 2012, as authorized by section
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308): Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $341,880,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended.

brownfields redevelopment

For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment
projects, $10,000,000, to remain available until September
30, 2012: Provided, That no funds made available under this
heading may be used to establish loan loss reserves for the
section 108 Community Development Loan Guarantee program:
Provided further, That a Notice of Funding Availability shall
be issued not later than 90 days after enactment of this Act.

home investment partnerships program

For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,825,000,000, to remain available
until September 30, 2013: Provided, That, funds provided in
prior appropriations Acts for technical assistance, that were
made available for Community Housing Development
Organizations technical assistance, and that still remain
available, may be used for HOME technical assistance
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of
enactment of this Act.

self-help and assisted homeownership opportunity program

For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$82,000,000, to remain available until September 30, 2012:
Provided, That of the total amount provided under this
heading, $27,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $50,000,000
shall be made available for the second, third and fourth
capacity building activities authorized under section 4(a) of
the HUD Demonstration Act of

[[Page 20070]]

1993 (42 U.S.C. 9816 note), of which not less than $5,000,000
may be made available for rural capacity building activities:
Provided further, That $5,000,000 shall be made available for
capacity building activities as authorized in sections 6301
through 6305 of Public Law 110-246: Provided further, That a
Notice of Funding Availability shall be issued not later than
90 days after enactment of this Act.

homeless assistance grants

For the emergency solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care program as
authorized under subtitle C of title IV of such Act; and the
rural housing stability assistance program as authorized
under subtitle D of title IV of such Act, $2,200,000,000, of
which $2,195,000,000 shall remain available until September
30, 2013, and of which $5,000,000 shall remain available
until expended for project-based rental assistance with
rehabilitation for such projects with 10-year grant terms and
any rental assistance amounts that are recaptured under such
continuum of care program shall remain available until
expended: Provided, That at least $345,000,000 of the funds
appropriated under this heading shall be available for such
emergency solutions grants program: Provided further, That up
to $1,844,000,000 of the funds appropriated under this
heading shall be available for such continuum of care and
rural housing stability assistance programs: Provided
further, That up to $6,000,000 of the funds appropriated
under this heading shall be available for the national
homeless data analysis project: Provided further, That for
all match requirements applicable to funds made available
under this heading for this fiscal year and prior years, a
grantee may use (or could have used) as a source of match
funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific
statutory prohibition on any such use of any such funds:
Provided further, That the Secretary shall renew on an annual
basis expiring contracts or amendments to contracts funded
under the continuum of care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work grant program: Provided further, That all
balances for Shelter Plus Care renewals previously funded
from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for continuum
of care renewals in fiscal year 2011.

Housing Programs

project-based rental assistance

For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $8,882,328,000, to remain available until
expended, shall be available on October 1, 2010 (in addition
to the $393,672,000 previously appropriated under this
heading that will become available October 1, 2010), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2011: Provided, That the amounts made
available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for
renewal of section 8 contracts for units in projects that are
subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
paragraph: Provided further, That of the total amounts
provided under this heading, not to exceed $326,000,000 shall
be available for performance-based contract administrators
for section 8 project-based assistance: Provided further,
That the Secretary of Housing and Urban Development may also
use such amounts in the previous proviso for performance-
based contract administrators for the administration of:
interest reduction payments pursuant to section 236(a) of the
National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project
rental assistance contracts for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q);
project rental assistance contracts for supportive housing
for persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667); and loans under section 202 of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.

housing for the elderly

For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing, $825,000,000, to remain
available until September 30, 2014, of which up to
$465,000,000 shall be for capital advance and project-based
rental assistance awards: Provided, That amounts for project
rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the
date of such obligation: Provided further, That of the amount
provided under this heading, up to $90,000,000 shall be for
service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects, and of which up to $40,000,000 shall be for grants
under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such
section to assisted living or related use and for substantial
and emergency capital repairs as determined by the Secretary:
Provided further, That of the amount made available under
this heading, $20,000,000 shall be available to the Secretary
of Housing and Urban Development only for making competitive
grants to private nonprofit organizations and consumer
cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating
to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 202 capital advance
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration.

housing for persons with disabilities

For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance
and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with
the housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, $235,000,000, of which up to
$169,000,000 shall be for capital advances and project-based
rental assistance contracts, to remain available until
September 30, 2014: Provided, That amounts for project rental
assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the
date of such obligation: Provided further, That the Secretary
may waive the provisions of section 811 governing the terms
and conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That amounts made
available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 811 Capital Advance
Projects.

Housing Counseling Assistance

For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $88,000,000,
including up to $2,500,000 for administrative contract
services, to remain available until September 30, 2012:
Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial
management/literacy, and such other matters as may be
appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training.

[[Page 20071]]

other assisted housing programs

rental housing assistance

For amendments to or extensions for up to 1 year of
expiring contracts under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in
State-aided, noninsured rental housing projects, $40,600,000,
to remain available until expended.

rent supplement

(rescission)

Of the amounts recaptured from terminated contracts under
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act
(12 U.S.C. 1715z-1) $40,600,000 are rescinded: Provided, That
no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.

payment to manufactured housing fees trust fund

For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $7,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2011 so as to result in a
final fiscal year 2011 appropriation from the general fund
estimated at not more than $7,000,000 and fees pursuant to
such section 620 shall be modified as necessary to ensure
such a final fiscal year 2011 appropriation: Provided
further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may
assess and collect fees from any program participant:
Provided further, That such collections shall be deposited
into the Fund, and the Secretary, as provided herein, may use
such collections, as well as fees collected under section
620, for necessary expenses of such Act: Provided further,
That notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service
providers that are paid directly by the recipients of their
services.

Federal Housing Administration

mutual mortgage insurance program account

(including transfer of funds)

New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2012: Provided, That during fiscal year 2011, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$50,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund. For
administrative contract expenses of the Federal Housing
Administration, $221,125,000, to remain available until
September 30, 2012, of which up to $71,500,000 may be
transferred to and merged with the Working Capital Fund:
Provided further, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before April 1,
2011, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.

general and special risk program account

During fiscal year 2011, commitments to guarantee loans
incurred under the General and Special Risk Insurance Funds,
as authorized by sections 238 and 519 of the National Housing
Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$20,000,000,000 in total loan principal, any part of which is
to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $20,000,000, which
shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties
owned by the Secretary and formerly insured under such Act.

Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2012.

Policy Development and Research

research and technology

For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $54,000,000,
to remain available until September 30, 2012.

Fair Housing and Equal Opportunity

fair housing activities

For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $72,000,000, to remain
available until September 30, 2012, of which $42,500,000
shall be to carry out activities pursuant to such section
561: Provided, That of the funds made available to carry out
section 561, not less than $10,000,000 shall be available to
carry out authorized activities, including training,
education and enforcement in order to protect the public from
discriminatory lending practices and mortgage rescue scams:
Provided further, That the Secretary shall publish a notice
of funding availability for amounts made available under the
previous proviso within 30 days of the enactment of this Act:
Provided further, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan:
Provided further, That of the funds made available under this
heading, $500,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.

Office of Healthy Homes and Lead Hazard Control

lead hazard reduction

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $140,000,000, to remain available
until September 30, 2012, of which not less than $20,000,000
shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act
of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-
related diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act,
a grant under the Healthy Homes Initiative, Operation Lead
Elimination Action Plan (LEAP), or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made
available under this heading, $48,000,000 shall be made
available on a competitive basis for areas with the highest
lead paint abatement needs: Provided further, That each
recipient of funds provided under the second proviso shall
make a matching contribution in an amount not less than 25
percent: Provided further, That the Secretary may waive the
matching requirement cited in the preceding proviso on a case
by case basis if the Secretary determines that such a waiver
is necessary to advance the purposes of this program:
Provided further, That each applicant shall submit a detailed
plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in
this or prior appropriations Acts, and that still remain
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and
there are other program competitions under this heading that
are oversubscribed: Provided further, That a Notice of
Funding Availability shall be issued not later than 120 days
after enactment of this Act.

Management and Administration

working capital fund

For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the maintenance of infrastructure for
Department-wide information technology systems, for the
continuing operation and maintenance of both

[[Page 20072]]

Department-wide and program-specific information systems, and
for program-related maintenance activities, $228,500,000, to
remain available until September 30, 2012: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts may be used for the
purposes specified under this Fund, in addition to any other
information technology the purposes for which such amounts
were appropriated.

office of inspector general

For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $125,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.

transformation initiative

(including transfer of funds)

For necessary expenses for combating mortgage fraud,
$20,000,000, to remain available until expended. In addition,
of the amounts made available in this Act 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, 2015, for: (1) research,
evaluation, and program metrics; (2) program demonstrations;
(3) technical assistance and capacity building; and (4)
information technology: ``Housing Opportunities for Persons
With AIDS'', ``Community Development Fund'', ``Housing
Counseling Assistance'', ``Payment to Manufactured Housing
Fees Trust Fund'', ``Mutual Mortgage Insurance Program
Account'', ``Lead Hazard Reduction'', and ``Rental Housing
Assistance'': Provided, That of the amounts made available
under this paragraph, not less than $100,000,000 and not more
than $116,000,000 shall be available for 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: Provided further, That not more than
25 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: Provided further, That of the amounts
made available under this paragraph, not more 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 of the amounts made available for research, evaluation
and program metrics and program demonstrations, the Secretary
shall include an assessment of the effectiveness of HUD
funded service coordinators: 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 heading will be allocated to each
of the categories identified under this heading 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: Provided
further, That with respect to amounts made available under
this heading for research, evaluation, program metrics, and
program demonstrations, notwithstanding section 204 of this
title, the Secretary may make grants or enter into
cooperative agreements that include a substantial match
contribution.

General Provisions--Department of Housing and Urban Development

Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2011 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2011 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2011 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2011 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2011, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by: (1) allocating to the City of Jersey City, New Jersey,
the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is
located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to
the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a 3-year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program,

[[Page 20073]]

project or activity in excess of amounts set forth in the
budget estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2011
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2011 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high-incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2011 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City
of Raleigh, North Carolina, on behalf of the Raleigh-Cary,
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2011 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 210 The President's formal budget request for fiscal
year 2012, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 211. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of public
housing or a recipient of section 8 assistance on the board
of directors or a similar governing board shall establish an
advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other
administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than
quarterly.
Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for
fiscal years 2011 and 2012, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt and statutorily required low-
income and very low-income use restrictions, associated with
one or more multifamily housing project to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred to ensure that such
project or projects meet the standards under section c.
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units--
(A) For occupied units in the transferring project: the
number of low-income and very low-income units and the
configuration (i.e. bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided by the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: the
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based section 8 budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;

[[Page 20074]]

(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; or
(F) assistance payments made under section 811(d)(2) of the
Housing Assistance Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required use low-income and very low-income restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 213. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 214. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that
an individual receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or an
institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 216. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-g)), the Secretary of Housing and Urban
Development may, until September 30, 2011, insure and enter
into commitments to insure mortgages under section 255(g) of
the National Housing Act (12 U.S.C. 1715z-20).
Sec. 217. Notwithstanding any other provision of law, in
fiscal year 2011, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 218. During fiscal year 2011, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 219. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole
source contracts, including terms of the contracts, cost, and
a substantive rationale for using a sole source contract.
Sec. 220. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset
nonprofit entity to own the project and may lend the grant
funds to such entity, which may be a private nonprofit
organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 221. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make
commitments to guarantee, notes, or other obligations issued
by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of section 108 of
the Housing and Community Development Act of 1974 in fiscal
year 2011 and subsequent years: Provided, That, any State
receiving such a guarantee or commitment shall distribute all
funds subject to such guarantee to the units of general local
government in non-entitlement areas that received the
commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 222. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2011.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2011.''.
Sec. 223. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 224. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 225. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that, not later than
90 days after the date of enactment of this Act, a trained
allotment holder shall be designated for each HUD subaccount
under the headings ``Executive Direction'' and heading
``Administration, Operations, and Management'' as well as
each account

[[Page 20075]]

receiving appropriations for ``personnel compensation and
benefits'' within the Department of Housing and Urban
Development.
Sec. 226. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on the status of all
section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all
federally subsidized housing being refinanced under the Mark-
to-Market program. The Secretary shall in the report identify
all existing units maintained by region as section 8 project-
based units and all project-based units that have opted out
of section 8 or have otherwise been eliminated as section 8
project-based units. The Secretary shall identify in detail
and by project all the efforts made by the Department to
preserve all section 8 project-based housing units and all
the reasons for any units which opted out or otherwise were
lost as section 8 project-based units. Such analysis shall
include a review of the impact of the loss of any subsidized
units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in
areas with scarce housing resources for low-income families.
Sec. 227. Payment of attorney fees in program-related
litigation must be paid from individual program office
personnel benefits and compensation funding. The annual
budget submission for program office personnel benefit and
compensation funding must include program-related litigation
costs for attorney fees as a separate line item request.
Sec. 228. The Secretary of the Department of Housing and
Urban Development shall for fiscal year 2011 and subsequent
fiscal years, notify the public through the Federal Register
and other means, as determined appropriate, of the issuance
of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary
fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2011 and subsequent fiscal years, the
Secretary may make the NOFA available only on the Internet at
the appropriate Government Web site or Web site or through
other electronic media, as determined by the Secretary.
Sec. 229. Upon request of the project sponsor of a project
assisted with a loan under section 202 of the Housing Act of
1959 (as in effect before the enactment of the Cranston-
Gonzalez National Affordable Housing Act), for which the
Secretary's consent to prepayment is required, the Secretary
may approve the prepayment of any indebtedness to the
Secretary relating to any remaining principal and interest
under the loan as part of a prepayment plan under which--
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least
as advantageous to existing and future tenants as the terms
required by the original loan agreement or any project-based
rental assistance payments contract under section 8 of the
United States Housing Act of 1937 (or any other project-based
rental housing assistance programs of the Department of
Housing and Urban Development, including the rent supplement
program under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s)) or any successor
project-based rental assistance program, except as provided
by subsection (a)(2)(B); and
(2) the prepayment may involve refinancing of the loan if
such refinancing results--
(A) in a lower interest rate on the principal of the loan
for the project and in reductions in debt service related to
such loan; or
(B) in the case of a project that is assisted with a loan
under such section 202 carrying an interest rate of 6 percent
or lower, a transaction under which--
(i) the project owner shall address the physical needs of
the project;
(ii) the prepayment plan for the transaction, including the
refinancing, shall meet a cost benefit analysis, as
established by the Secretary, that the benefit of the
transaction outweighs the cost of the transaction including
any increases in rent charged to unassisted tenants;
(iii) the overall cost for providing rental assistance
under section 8 for the project (if any) is not increased,
except, upon approval by the Secretary to--

(I) mark-up-to-market contracts pursuant to section
524(a)(3) of the Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f note), as such section is
carried out by the Secretary for properties owned by
nonprofit organizations; or
(II) mark-up-to-budget contracts pursuant to section
524(a)(4) of the Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f note), as such section is
carried out by the Secretary for properties owned by eligible
owners (as such term is defined in section 202(k) of the
Housing Act of 1959 (12 U.S.C. 1701q(k));

(iv) the project owner may charge tenants rent sufficient
to meet debt service payments and operating cost
requirements, as approved by the Secretary, if project-based
rental assistance is not available or is insufficient for the
debt service and operating cost of the project after
refinancing. Such approval by the Secretary--

(I) shall be the basis for the owner to agree to terminate
the project-based rental assistance contract that is
insufficient for the debt service and operating cost of the
project after refinancing; and
(II) shall be an eligibility event for the project for
purposes of section 8(t) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t));

(v) units to be occupied by tenants assisted under section
8(t) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)) shall, upon termination of the occupancy of such
tenants, become eligible for project-based assistance under
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(13)) without regard to the percentage
limitations provided in such section; and
(vi) there shall be a use agreement of 20 years from the
date of the maturity date of the original 202 loan for all
units, including units to be occupied by tenants assisted
under section 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)).
Sec. 230. No property identified by the Secretary of
Housing and Urban Development as surplus Federal property for
use to assist the homeless shall be made available to any
homeless group unless the group is a member in good standing
under any of HUD's homeless assistance programs or is in good
standing with any other program which receives funds from any
other Federal or State agency or entity: Provided, That an
exception may be made for an entity not involved with Federal
homeless programs to use surplus Federal property for the
homeless only after the Secretary or another responsible
Federal agency has fully and comprehensively reviewed all
relevant finances of the entity, the track record of the
entity in assisting the homeless, the ability of the entity
to manage the property, including all costs, the ability of
the entity to administer homeless programs in a manner that
is effective to meet the needs of the homeless population
that is expected to use the property and any other related
issues that demonstrate a commitment to assist the homeless:
Provided further, That the Secretary shall not require the
entity to have cash in hand in order to demonstrate financial
ability but may rely on the entity's prior demonstrated
fundraising ability or commitments for in-kind donations of
goods and services: Provided further, That the Secretary
shall make all such information and its decision regarding
the award of the surplus property available to the committees
of jurisdiction, including a full justification of the
appropriateness of the use of the property to assist the
homeless as well as the appropriateness of the group seeking
to obtain the property to use such property to assist the
homeless: Provided further, That, this section shall apply to
properties in fiscal years 2010 and 2011 made available as
surplus Federal property for use to assist the homeless.
Sec. 231. The Secretary of the Department 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 any other such set-aside within such
accounts: Provided, That any transfer over 5 percent or
$5,000,000, whichever is less, must be submitted to and
receive the prior written approval of the House and Senate
Committees on Appropriations.
Sec. 232. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the
Department of Housing and Urban Development'' under section
904 of the McKinney Act for the purpose of income
verifications and matching.
Sec. 233. Of the amounts made available for salaries and
expenses under all accounts under this title (except for the
Office of Inspector General account), a total of up to
$15,000,000 may be transferred to and merged with amounts
made available in the ``Working Capital Fund'' account or the
``Transformation Initiative'' account under this title. Any
amounts transferred to the ``Transformation Initiative''
account shall only be available for information technology
requirements and shall remain available until September 30,
2013.
Sec. 234. The transfer requirement established under the
heading ``Flexible Subsidy Fund'' in Public Law 108-447 and
in Public Law 109-115 shall not apply in fiscal year 2011 and
all subsequent fiscal years.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2011''.

TITLE III

RELATED AGENCIES

Access Board

salaries and expenses

For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$7,367,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.

[[Page 20076]]

Federal Maritime Commission

salaries and expenses

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$25,300,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.

National Railroad Passenger Corporation

office of inspector general

salaries and expenses

For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $20,000,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within Amtrak:
Provided further, That concurrent with the President's budget
request for fiscal year 2012, the Inspector General shall
submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2012 in similar format and
substance to those submitted by executive agencies of the
Federal Government.

National Transportation Safety Board

salaries and expenses

For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902)
$104,300,000, of which not to exceed $2,000 may be used for
official reception and representation expenses: Provided,
That the amounts made available to the National
Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in
fiscal year 2001 for a capital lease.

Neighborhood Reinvestment Corporation

payment to the neighborhood reinvestment corporation

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $140,000,000, of which $5,000,000
shall be for a multi-family rental housing program: Provided,
That in addition, $35,000,000 shall be made available until
expended for capital grants to rehabilitate or finance the
rehabilitation of affordable housing units, including
necessary administrative expenses: Provided further, That in
addition, $125,000,000 shall be made available until expended
to the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms
and conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC''),
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) (with
match to be determined by the NRC based on affordability and
the economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned conditions) to
provide mortgage foreclosure mitigation assistance primarily
to States and areas with high rates of defaults and
foreclosures to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines where
there is a prevalence of mortgages that are risky and likely
to fail, including any trends for mortgages that are likely
to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance
Agency meets all the requirements under this paragraph. A
HUD-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be approved
by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall
consist of activities that are likely to prevent foreclosures
and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners
to discharge outstanding mortgage balances or for any other
direct debt reduction payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an evaluation of the current
value of the property that is subject to the mortgage,
counseling regarding the assumption of the mortgage by
another non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy
by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by the NRC that the procedures for selection do
not consist of any procedures or activities that could be
construed as an unacceptable conflict of interest or have the
appearance of impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall
have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan
workout agreements and loan modification agreements. NRC may
use other criteria to demonstrate capacity in underserved
areas.
(6) Of the total amount made available under this
paragraph, up to $3,000,000 may be made available to build
the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training
courses with HUD-approved counseling intermediaries and their
partners, except that private financial institutions that
participate in NRC training shall pay market rates for such
training.
(7) Of the total amount made available under this
paragraph, up to 5 percent may be used for associated
administrative expenses for the NRC to carry out activities
provided under this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training,
as determined by the NRC.
(9) The NRC shall continue to report bi-annually to the
House and Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.

United States Interagency Council on Homelessness

operating expenses

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,930,000.
Section 209 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11319) is deleted.

TITLE IV

GENERAL PROVISIONS--THIS ACT

Sec. 401. Such sums as may be necessary for fiscal year
2010 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this

[[Page 20077]]

Act, provided by previous appropriations Acts to the agencies
or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2011, or provided
from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates a new program; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose; (5) augments existing programs, projects,
or activities in excess of $5,000,000 or 10 percent,
whichever is less; (6) reduces existing programs, projects,
or activities by $5,000,000 or 10 percent, whichever is less;
or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, 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
object class and program, project, and activity as detailed
in the budget appendix for the respective appropriation; and
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2011 from
appropriations made available for salaries and expenses for
fiscal year 2011 in this Act, shall remain available through
September 30, 2012, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole-source
contracts by no later than July 30, 2011. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole-source contract.
Sec. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 409. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief
and Brownsfield Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 410. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 411. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 412. No funds appropriated pursuant to this Act may
be expended in contravention of sections 2 through 4 of the
Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as
the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 415. None of the funds made available in this Act may
be used to purchase a light bulb for an office building
unless the light bulb has, to the extent practicable, an
Energy Star or Federal Energy Management Program designation.
Sec. 416. After any notice of funding availability or any
other notice designed to solicit applications for funding
issued by either of the following departments for a
competitive grant program with an annual budget, including
grants, equal to or exceeding $100,000,000, or for the
Department of Transportation's Grants for Energy Efficiency
and Greenhouse Gas Reductions program, the Secretary of the
Department of Transportation and the Secretary of Housing and
Urban Development shall post on their Web sites the following
information regarding any of the applicable programs
including, but not limited to, the primary purpose of the
grant program, the criteria for grant selection, and the
process for the decisionmaking by the Department: Provided,
That once all valid applications have been received by the
Department for a program by a date certain established by the
Department, the Department shall post on its Web site a
summary of the primary information in each grant application,
including the applicant's name, address, phone number, point
of contact, and the primary funding or other request of each
grantee: Provided further, That a department shall post on
its Web site the name of all successful grantees, the grant
award amount, and the justification for the selection by the
department as well as the methodology for the award
selections, including how the selected awards are consistent
with program goals, and as soon as is available, a summary of
all benchmarks and deadlines that are expected to be met by a
grantee.
Sec. 417. (a) None of the funds made available in this Act
may be used to establish, issue, implement, administer, or
enforce any prohibition or restriction on the establishment
or effectiveness of any occupancy preference for veterans in
supportive housing for the elderly that: (1) is provided
assistance by the Department of Housing and Urban
Development; and (2)(A) is or would be located on property of
the Department of Veterans Affairs; or (B) is subject to an
enhanced use lease with the Department of Veterans Affairs.

TITLE V--EXTENSION OF CURRENT SURFACE TRANSPORTATION PROGRAMS

SEC. 501. SHORT TITLE; RECONCILIATION OF FUNDS.

(a) Short Title.--This title may be cited as the ``Surface
Transportation Extension Act of 2010, Part II''.
(b) Reconciliation of Funds.--The Secretary of
Transportation shall reduce the amount apportioned or
allocated for a program, project, or activity under this
title in fiscal year 2011 by amounts apportioned or allocated
pursuant to the Surface Transportation Extension Act of 2010
for the period beginning on October 1, 2010, and ending on
December 31, 2010.

Subtitle A--Federal-Aid Highways

SEC. 511. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

(a) In General.--Section 411 of the Surface Transportation
Extension Act of 2010 (Public Law 111-147; 124 Stat. 78) is
amended--
(1) by striking ``the period beginning on October 1, 2010,
and ending on December 31, 2010'' each place it appears
(except in subsection (c)(2)) and inserting ``fiscal year
2011'';

[[Page 20078]]

(2) in subsection (a) by striking ``December 31, 2010'' and
inserting ``September 30, 2011'';
(3) in subsection (b)(2) by striking ``\1/4\ of'';
(4) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``\1/4\ of''; and
(ii) by striking ``the period beginning on October 1, 2010,
and ending on December 31, 2010,'' and inserting ``fiscal
year 2011'';
(B) in paragraph (4)--
(i) in subparagraph (A)(ii) by striking ``, except that
during such period obligations subject to such limitation
shall not exceed \1/4\ of the limitation on obligations
included in an Act making appropriations for fiscal year
2011''; and
(ii) in subparagraph (B)(ii)(II) by striking
``$159,750,000'' and inserting ``$639,000,000''; and
(C) by striking paragraph (5);
(5) in subsection (d)--
(A) by striking ``\1/4\ of'' each place it appears; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i) by striking
``apportioned under sections 104(b) and 144 of title 23,
United States Code,'' and inserting ``specified in section
105(a)(2) of title 23, United States Code (except the high
priority projects program),''; and
(ii) in clause (ii) by striking ``apportioned under such
sections of such Code'' and inserting ``specified in such
section 105(a)(2) (except the high priority projects
program)''; and
(6) in subsection (e)(1)(B) by striking ``\1/4\''.
(b) Administrative Expenses.--Section 412(a)(2) of the
Surface Transportation Extension Act of 2010 (Public Law 111-
147; 124 Stat. 83) is amended--
(1) by striking ``$105,606,250'' and inserting
``$422,425,000''; and
(2) by striking ``the period beginning on October 1, 2010,
and ending on December 31, 2010'' and inserting ``fiscal year
2011''.

Subtitle B--Extension of National Highway Traffic Safety
Administration, Federal Motor Carrier Safety Administration, and
Additional Programs

SEC. 521. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION HIGHWAY SAFETY PROGRAMS.

(a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1)
of SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
$58,750,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and
$235,000,000 for fiscal year 2011.''.
(b) Highway Safety Research and Development.--Section
2001(a)(2) of SAFETEA-LU (119 Stat. 1519) is amended by
striking ``and $27,061,000 for the period beginning on
October 1, 2010, and ending on December 31, 2010.'' and
inserting ``and $108,244,000 for fiscal year 2011.''.
(c) Occupant Protection Incentive Grants.--Section
2001(a)(3) of SAFETEA-LU (119 Stat. 1519) is amended by
striking ``and $6,250,000 for the period beginning on October
1, 2010, and ending on December 31, 2010.'' and inserting
``and $25,000,000 for fiscal year 2011.''.
(d) Safety Belt Performance Grants.--Section 2001(a)(4) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
$31,125,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and
$124,500,000 for fiscal year 2011.''.
(e) State Traffic Safety Information System Improvements.--
Section 2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended
by striking ``and $8,625,000 for the period beginning on
October 1, 2010, and ending on December 31, 2010.'' and
inserting ``and $34,500,000 for fiscal year 2011.''.
(f) Alcohol-impaired Driving Countermeasures Incentive
Grant Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat.
1519) is amended by striking ``and $34,750,000 for the period
beginning on October 1, 2010, and ending on December 31,
2010.'' and inserting ``and $139,000,000 for fiscal year
2011.''.
(g) National Driver Register.--Section 2001(a)(7) of
SAFETEA-LU (119 Stat. 1520) is amended by striking ``and
$1,029,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and $4,116,000
for fiscal year 2011.''.
(h) High Visibility Enforcement Program.--Section
2001(a)(8) of SAFETEA-LU (119 Stat. 1520) is amended by
striking ``and $7,250,000 for the period beginning on October
1, 2010, and ending on December 31, 2010.'' and inserting
``and $29,000,000 for fiscal year 2011.''.
(i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU
(119 Stat. 1520) is amended by striking ``and $1,750,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010.'' and inserting ``and $7,000,000 for
fiscal year 2011.''.
(j) Child Safety and Child Booster Seat Safety Incentive
Grants.--Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520)
is amended by striking ``and $1,750,000 for the period
beginning on October 1, 2010, and ending on December 31,
2010.'' and inserting ``and $7,000,000 for fiscal year
2011.''.
(k) Administrative Expenses.--Section 2001(a)(11) of
SAFETEA-LU (119 Stat. 1520) is amended by striking ``and
$6,332,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and
$25,328,000 for fiscal year 2011.''.

SEC. 522. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION PROGRAMS.

(a) Motor Carrier Safety Grants.--Section 31104(a)(7) of
title 49, United States Code, is amended by striking
``$52,679,000 for the period beginning on October 1, 2010,
and ending on December 31, 2010.'' and inserting
``$209,000,000 for fiscal year 2011.''.
(b) Administrative Expenses.--Section 31104(i)(1)(G) of
title 49, United States Code, is amended by striking
``$61,036,000 for the period beginning on October 1, 2010,
and ending on December 31, 2010.'' and inserting
``$244,144,000 for fiscal year 2011.''.
(c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119
Stat. 1715) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' after ``2009,''; and
(B) by striking ``and $6,301,000 for the period beginning
on October 1, 2010, and ending on December 31, 2010'' and
inserting ``and $25,000,000 for fiscal year 2011'';
(2) in paragraph (2) by striking ``and $8,066,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $32,000,000 for fiscal year
2011'';
(3) in paragraph (3) by striking ``and $1,260,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $5,000,000 for fiscal year
2011'';
(4) in paragraph (4) by striking ``and $6,301,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $25,000,000 for fiscal year
2011''; and
(5) in paragraph (5) by striking ``and $756,000 for the
period beginning on October 1, 2010, and ending on December
31, 2010'' and inserting ``and $3,000,000 for fiscal year
2011''.
(d) High-Priority Activities.--Section 31104(k)(2) of title
49, United States Code, is amended by striking ``and
$3,781,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010'' and inserting ``and $15,000,000
for fiscal year 2011''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title
49, United States Code, is amended by striking ``(and up to
$7,310,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010)''.
(f) Commercial Driver's License Information System
Modernization.--Section 4123(d)(6) of SAFETEA-LU (119 Stat.
1736) is amended by striking ``$2,016,000 for the period
beginning on October 1, 2010, and ending on December 31,
2010.'' and inserting ``$8,000,000 for fiscal year 2011.''.
(g) Outreach and Education.--Section 4127(e) of SAFETEA-LU
(119 Stat. 1741) is amended by striking ``and 2010'' and all
that follows before ``to carry out'' and inserting ``2010,
and 2011''.
(h) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by
striking ``2009, 2010, and $252,000 for the period beginning
on October 1, 2010, and ending on December 31, 2010,'' and
inserting ``2011''.
(i) Motor Carrier Safety Advisory Committee.--Section
4144(d) of SAFETEA-LU (119 Stat. 1748) is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(j) Working Group for Development of Practices and
Procedures to Enhance Federal-State Relations.--Section
4213(d) of SAFETEA-LU (49 U.S.C. 14710 note; 119 Stat. 1759)
is amended by striking ``December 31, 2010'' and inserting
``September 30, 2011''.

SEC. 523. ADDITIONAL PROGRAMS.

(a) Hazardous Materials Research Projects.--Section 7131(c)
of SAFETEA-LU (119 Stat. 1910) is amended by striking
``through 2010'' and all that follows before ``shall be
available'' and inserting ``through 2011''.
(b) Dingell-Johnson Sport Fish Restoration Act.--Section 4
of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c) is amended--
(1) in subsection (a) by striking ``For each of fiscal
years 2006'' and all that follows before paragraph (1) and
inserting the following: ``For each of fiscal years 2006
through 2011, the balance of each annual appropriation made
in accordance with the provisions of section 3 remaining
after the distributions for administrative expenses and other
purposes under subsection (b) and for multistate conservation
grants under section 14 shall be distributed as follows:'';
and
(2) in subsection (b)(1)(A) by striking the first sentence
and inserting the following: ``From the annual appropriation
made in accordance with section 3, for each of fiscal years
2006 through 2011, the Secretary of the Interior may use no
more than the amount specified in subparagraph (B) for the
fiscal year for expenses for administration incurred in the
implementation of this Act, in accordance with this section
and section 9.''.
(c) Surface Transportation Project Delivery Pilot
Program.--Section 327(i)(1) of title 23, United States Code,
is amended by striking ``6 years after'' and inserting ``7
years after''.
(d) Implementation of Future Strategic Highway Research
Program.--Section 510 of title 23, United States Code, is
amended by adding at the end the following:
``(h) Implementation.--Notwithstanding any other provision
of this section, the Secretary may use funds made available
to carry out this section for implementation of

[[Page 20079]]

research products related to the future strategic highway
research program, including development, demonstration,
evaluation, and technology transfer activities.''.

Subtitle C--Public Transportation Programs

SEC. 531. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.

Section 5305(g) of title 49, United States Code, is amended
by striking ``2010, and for the period beginning October 1,
2010, and ending December 31, 2010,'' and inserting ``2011''.

SEC. 532. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.

Section 5307(b)(2) of title 49, United States Code, is
amended--
(1) in the paragraph heading by striking ``2010, and the
period beginning october 1, 2010, and ending december 31,
2010'' and inserting ``2011'';
(2) in subparagraph (A) by striking ``2010, and the period
beginning October 1, 2010, and ending December 31, 2010,''
and inserting ``2011,''; and
(3) in subparagraph (E)--
(A) in the subparagraph heading by striking ``2010 and
during the period beginning october 1, 2010, and ending
december 31, 2010'' and inserting ``2011''; and
(B) in the matter preceding clause (i) by striking ``In
fiscal years 2008 through 2010, and during the period
beginning October 1, 2010, and ending December 31, 2010,''
and inserting ``In each of fiscal years 2008 through 2011''.

SEC. 533. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.

Section 5309(m) of title 49, United States Code, is
amended--
(1) in paragraph (2)--
(A) in the paragraph heading by striking ``2010 and october
1, 2010, through december 31, 2010'' and inserting ``2011'';
(B) in the matter preceding subparagraph (A) by striking
``2010, and during the period beginning October 1, 2010, and
ending December 31, 2010,'' and inserting ``2011''; and
(C) in subparagraph (A)(i) by striking ``2010, and
$50,000,000 for the period beginning October 1, 2010, and
ending December 31, 2010,'' and inserting ``2011'';
(2) in paragraph (6)--
(A) in subparagraph (B) by striking ``2010, and $3,750,000
shall be available for the period beginning October 1, 2010,
and ending December 31, 2010,'' and inserting ``2011''; and
(B) in subparagraph (C) by striking ``2010, and $1,250,000
shall be available for the period beginning October 1, 2010
and ending December 31, 2010,'' and inserting ``2011''; and
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``(A) Ferry boat systems.--'' and all that
follows through ``(i) Fiscal year 2006 through 2010.--
$10,000,000 shall be available in each of fiscal years 2006
through 2010'' and inserting the following:
``(A) Ferry boat systems.--$10,000,000 shall be available
in each of fiscal years 2006 through 2011'';
(ii) by striking clause (ii);
(iii) by redesignating subclauses (I) through (VIII) as
clauses (i) through (viii), respectively, and moving the text
of such clauses 2 ems to the left; and
(iv) by inserting a period at the end of clause (iv) (as so
redesignated);
(B) by striking subparagraph (B)(vi) and inserting the
following:
``(vi) $13,500,000 for fiscal year 2011.'';
(C) in subparagraph (C) by striking ``, and during the
period beginning October 1, 2010, and ending December 31,
2010,'';
(D) in subparagraph (D) by striking ``, and not less than
$8,750,000 shall be available for the period beginning
October 1, 2010, and ending December 31, 2010,''; and
(E) in subparagraph (E) by striking ``, and $750,000 shall
be available for the period beginning October 1, 2010, and
ending December 31, 2010,''.

SEC. 534. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN
URBANIZED AREAS.

Section 5311(c)(1)(F) of title 49, United States Code, is
amended to read as follows:
``(F) $15,000,000 for fiscal year 2011.''.

SEC. 535. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.

Section 5337 of title 49, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2010'' and inserting ``2011''; and
(2) by striking subsection (g).

SEC. 536. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

(a) Formula and Bus Grants.--Section 5338(b) of title 49,
United States Code, is amended--
(1) by striking paragraph (1)(F) and inserting the
following:
``(F) $8,360,565,000 for fiscal year 2011.''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``$28,375,000 for the
period beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``$113,500,000 for fiscal year 2011'';
(B) in subparagraph (B) by striking ``$1,040,091,250 for
the period beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``$4,160,365,000 for fiscal year
2011'';
(C) in subparagraph (C) by striking ``$12,875,000 for the
period beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``$51,500,000 for fiscal year 2011'';
(D) in subparagraph (D) by striking ``$416,625,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$1,666,500,000 for fiscal year
2011'';
(E) in subparagraph (E) by striking ``$246,000,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$984,000,000 for fiscal year 2011'';
(F) in subparagraph (F) by striking ``$33,375,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$133,500,000 for fiscal year 2011'';
(G) in subparagraph (G) by striking ``$116,250,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$465,000,000 for fiscal year 2011'';
(H) in subparagraph (H) by striking ``$41,125,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$164,500,000 for fiscal year 2011'';
(I) in subparagraph (I) by striking ``$23,125,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$92,500,000 for fiscal year 2011'';
(J) in subparagraph (J) by striking ``$6,725,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$26,900,000 for fiscal year 2011'';
(K) in subparagraph (K) by striking ``$875,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$3,500,000 for fiscal year 2011'';
(L) in subparagraph (L) by striking ``$6,250,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$25,000,000 for fiscal year 2011'';
(M) in subparagraph (M) by striking ``$116,250,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$465,000,000 for fiscal year 2011'';
and
(N) in subparagraph (N) by striking ``$2,200,000 for the
period beginning October 1, 2010 and ending December 31,
2010,'' and inserting ``$8,800,000 for fiscal year 2011''.
(b) Capital Investment Grants.--Section 5338(c)(6) of title
49, United States Code, is amended to read as follows:
``(6) $2,000,000,000 for fiscal year 2011.''.
(c) Research and University Research Centers.--Section
5338(d) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``$17,437,500 for the period beginning October 1, 2010, and
ending December 31, 2010'' and inserting ``$69,750,000 for
fiscal year 2011''; and
(B) in subparagraph (A) by striking ``fiscal year 2009''
and inserting ``each of fiscal years 2009, 2010, and 2011'';
(2) in paragraph (2)(A)--
(A) in clauses (i), (ii), and (iii) by striking ``2009''
and inserting ``2011''; and
(B) in clauses (v), (vi), (vii), and (viii) by striking
``and 2009'' and inserting ``through 2011''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Funding.--If the Secretary determines that a project
or activity described in paragraph (2) received sufficient
funds in fiscal year 2010, or a previous fiscal year, to
carry out the purpose for which the project or activity was
authorized, the Secretary may not allocate any amounts under
paragraph (2) for the project or activity for fiscal year
2011, or any subsequent fiscal year.''.
(d) Administration.--Section 5338(e)(6) of title 49, United
States Code, is amended to read as follows:
``(6) $98,911,000 for fiscal year 2011.''.

SEC. 537. AMENDMENTS TO SAFETEA-LU.

(a) Contracted Paratransit Pilot.--Section 3009(i)(1) of
SAFETEA-LU (119 Stat. 1572) is amended by striking ``2010,
and for the period beginning October 1, 2010, and ending
December 31, 2010'' and inserting ``2011''.
(b) Public-private Partnership Pilot Program.--Section 3011
of SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is
amended--
(1) in subsection (c)(5) by striking ``2010 and the period
beginning October 1, 2010, and ending December 31, 2010'' and
inserting ``2011''; and
(2) in subsection (d) by striking ``2010, and for the
period beginning October 1, 2010, and ending December 31,
2010'' and inserting ``2011''.
(c) Elderly Individuals and Individuals With Disabilities
Pilot Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C.
5310 note; 119 Stat. 1593) is amended by striking ``December
31, 2010'' and inserting ``September 30, 2011''.
(d) Obligation Ceiling.--Section 3040(7) of SAFETEA-LU (119
Stat. 1639) is amended to read as follows:
``(7) $10,507,752,000 for fiscal year 2011, of which not
more than $8,360,565,000 shall be from the Mass Transit
Account.''.
(e) Project Authorizations for New Fixed Guideway Capital
Projects.--Section 3043 of SAFETEA-LU (119 Stat. 1640) is
amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``2010, and for the period beginning October
1, 2010, and ending December 31, 2010,'' and inserting
``2011''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2010, and for the period beginning October
1, 2010, and ending December 31, 2010,'' and inserting
``2011''.
(f) Allocations for National Research and Technology
Programs.--Section 3046 of

[[Page 20080]]

SAFETEA-LU (49 U.S.C. 5338 note; 119 Stat. 1706) is amended--
(1) in subsection (b) by striking ``or period'';
(2) by striking subsection (c) and inserting the following:
``(c) Additional Appropriations.--The Secretary shall
allocate amounts appropriated pursuant to section 5338(d) of
title 49, United States Code, for national research and
technology programs under sections 5312, 5314, and 5322 of
such title for fiscal years 2010 and 2011, in amounts equal
to the amounts allocated for fiscal year 2009 under each of
paragraphs (2), (3), (5), (6), and (8) through (25) of
subsection (a).''; and
(3) in subsection (d)--
(A) by striking ``2009'' and inserting ``2010''; and
(B) by striking ``2010'' and inserting ``2011''.

SEC. 538. LEVEL OF OBLIGATION LIMITATIONS.

(a) Highway Category.--Section 8003(a) of SAFETEA-LU (2
U.S.C. 901 note; 119 Stat. 1917) is amended--
(1) in paragraph (6) by striking ``for the period beginning
on October 1, 2009, and ending on September 30, 2010,'' and
inserting ``for fiscal year 2010,''; and
(2) by striking paragraph (7) and inserting the following:
``(7) for fiscal year 2011, $42,469,970,178.''.
(b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU
(2 U.S.C. 901 note; 119 Stat. 1917) is amended--
(1) in paragraph (6) by striking ``for the period beginning
on October 1, 2009, and ending on December 31, 2010,'' and
inserting ``for fiscal year 2010,''; and
(2) by striking paragraph (7) and inserting the following:
``(7) for fiscal year 2011, $10,338,065,000.''.

Subtitle D--Extension of Expenditure Authority

SEC. 541. EXTENSION OF EXPENDITURE AUTHORITY.

(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``December 31, 2010 (January 1, 2011, in
the case of expenditures for administrative expenses)'' in
subsections (b)(6)(B) and (c)(1) and inserting ``October 1,
2011'',
(2) by striking ``the Surface Transportation Extension Act
of 2010'' in subsections (c)(1) and (e)(3) and inserting
``the Surface Transportation Extension Act of 2010, Part
II'', and
(3) by striking ``January 1, 2011'' in subsection (e)(3)
and inserting ``October 1, 2011''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Surface Transportation Extension Act of
2010'' each place it appears in subsection (b)(2) and
inserting ``Surface Transportation Extension Act of 2010,
Part II'', and
(2) by striking ``January 1, 2011'' in subsection (d)(2)
and inserting ``October 1, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on December 31, 2010.

TITLE VI--EXTENSION OF AVIATION PROGRAMS

SECTION 601. SHORT TITLE.

This title may be cited as the ``Airport and Airway
Extension Act of 2010, Part IV''.

SEC. 602. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.

(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of
the Internal Revenue Code of 1986 is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``December 31, 2010'' and
inserting ``September 30, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2011.

SEC. 603. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY.

(a) In General.--Paragraph (1) of section 9502(d) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2011'' and inserting ``October
1, 2011''; and
(2) by inserting ``or the Airport and Airway Extension Act
of 2010, Part IV'' before the semicolon at the end of
subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e)
of such Code is amended by striking ``January 1, 2011'' and
inserting ``October 1, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2011.

SEC. 604. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

(a) Authorization of Appropriations.--Section 48103(8) of
title 49, United States Code, is amended to read as follows:
``(8) $3,700,000,000 for fiscal year 2011.''.
(b) Project Grant Authority.--Section 47104(c) of such
title is amended by striking ``December 31, 2010,'' and
inserting ``September 30, 2011,''.

SEC. 605. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 40117(l)(7) of title 49, United States Code, is
amended by striking ``January 1, 2011.'' and inserting
``October 1, 2011.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``December 31, 2010,'' and inserting
``September 30, 2011,''; and
(2) by striking ``March 31, 2011,'' and inserting
``December 31, 2011,''.
(c) Section 44303(b) of such title is amended by striking
``March 31, 2011,'' and inserting ``December 31, 2011,''.
(d) Section 47107(s)(3) of such title is amended by
striking ``January 1, 2011.'' and inserting ``October 1,
2011.''.
(e) Section 47115(j) of such title is amended by striking
``fiscal years 2004 through 2010, and for the portion of
fiscal year 2011 ending before January 1, 2011,'' and
inserting ``fiscal years 2004 through 2011,''.
(f) Section 47141(f) of such title is amended by striking
``December 31, 2010.'' and inserting ``September 30, 2011.''.
(g) Section 49108 of such title is amended by striking
``December 31, 2010,'' and inserting ``September 30, 2011,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by
striking ``fiscal year 2009 or 2010, or in the portion of
fiscal year 2011 ending before January 1, 2011,'' and
inserting ``fiscal year 2009, 2010, or 2011''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended
by striking ``for fiscal years ending before October 1, 2010,
and for the portion of fiscal year 2011 ending before January
1, 2011,'' and inserting ``for fiscal years ending before
October 1, 2011,''.
(j) The amendments made by this section shall take effect
on January 1, 2011.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2011''.

DIVISION M--FOOD SAFETY

SEC. 6001. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the ``FDA
Food Safety Modernization Act''.
(b) References.--Except as otherwise specified, whenever in
this division an amendment is expressed in terms of an
amendment to a section or other provision, the reference
shall be considered to be made to a section or other
provision of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.).
(c) Table of Contents.--The table of contents for this
division is as follows:

DIVISION D--FOOD SAFETY

Sec. 6001. Short title; references; table of contents.

TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

Sec. 6101. Inspections of records.
Sec. 6102. Registration of food facilities.
Sec. 6103. Hazard analysis and risk-based preventive controls.
Sec. 6104. Performance standards.
Sec. 6105. Standards for produce safety.
Sec. 6106. Protection against intentional adulteration.
Sec. 6107. Authority to collect fees.
Sec. 6108. National agriculture and food defense strategy.
Sec. 6109. Food and Agriculture Coordinating Councils.
Sec. 6110. Building domestic capacity.
Sec. 6111. Sanitary transportation of food.
Sec. 6112. Food allergy and anaphylaxis management.
Sec. 6113. New dietary ingredients.
Sec. 6114. Requirement for guidance relating to post-harvest processing
of raw oysters.
Sec. 6115. Port shopping.
Sec. 6116. Alcohol-related facilities.

TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
PROBLEMS

Sec. 6201. Targeting of inspection resources for domestic facilities,
foreign facilities, and ports of entry; annual report.
Sec. 6202. Laboratory accreditation for analyses of foods.
Sec. 6203. Integrated consortium of laboratory networks.
Sec. 6204. Enhancing tracking and tracing of food and recordkeeping.
Sec. 6205. Surveillance.
Sec. 6206. Mandatory recall authority.
Sec. 6207. Administrative detention of food.
Sec. 6208. Decontamination and disposal standards and plans.
Sec. 6209. Improving the training of State, local, territorial, and
tribal food safety officials.
Sec. 6210. Enhancing food safety.
Sec. 6211. Improving the reportable food registry.

TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

Sec. 6301. Foreign supplier verification program.
Sec. 6302. Voluntary qualified importer program.
Sec. 6303. Authority to require import certifications for food.
Sec. 6304. Prior notice of imported food shipments.
Sec. 6305. Building capacity of foreign governments with respect to
food safety.

[[Page 20081]]

Sec. 6306. Inspection of foreign food facilities.
Sec. 6307. Accreditation of third-party auditors.
Sec. 6308. Foreign offices of the Food and Drug Administration.
Sec. 6309. Smuggled food.

TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 6401. Funding for food safety.
Sec. 6402. Employee protections.
Sec. 6403. Jurisdiction; authorities.
Sec. 6404. Compliance with international agreements.
Sec. 6405. Determination of budgetary effects.

TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

SEC. 6101. INSPECTIONS OF RECORDS.

(a) In General.--Section 414(a) (21 U.S.C. 350c(a)) is
amended--
(1) by striking the subsection heading and all that follows
through ``of food is'' and inserting the following: ``Records
Inspection.--
``(1) Adulterated food.--If the Secretary has a reasonable
belief that an article of food, and any other article of food
that the Secretary reasonably believes is likely to be
affected in a similar manner, is'';
(2) by inserting ``, and to any other article of food that
the Secretary reasonably believes is likely to be affected in
a similar manner,'' after ``relating to such article'';
(3) by striking the last sentence; and
(4) by inserting at the end the following:
``(2) Use of or exposure to food of concern.--If the
Secretary believes that there is a reasonable probability
that the use of or exposure to an article of food, and any
other article of food that the Secretary reasonably believes
is likely to be affected in a similar manner, will cause
serious adverse health consequences or death to humans or
animals, each person (excluding farms and restaurants) who
manufactures, processes, packs, distributes, receives, holds,
or imports such article shall, at the request of an officer
or employee duly designated by the Secretary, permit such
officer or employee, upon presentation of appropriate
credentials and a written notice to such person, at
reasonable times and within reasonable limits and in a
reasonable manner, to have access to and copy all records
relating to such article and to any other article of food
that the Secretary reasonably believes is likely to be
affected in a similar manner, that are needed to assist the
Secretary in determining whether there is a reasonable
probability that the use of or exposure to the food will
cause serious adverse health consequences or death to humans
or animals.
``(3) Application.--The requirement under paragraphs (1)
and (2) applies to all records relating to the manufacture,
processing, packing, distribution, receipt, holding, or
importation of such article maintained by or on behalf of
such person in any format (including paper and electronic
formats) and at any location.''.
(b) Conforming Amendment.--Section 704(a)(1)(B) (21 U.S.C.
374(a)(1)(B)) is amended by striking ``section 414 when'' and
all that follows through ``subject to'' and inserting
``section 414, when the standard for records inspection under
paragraph (1) or (2) of section 414(a) applies, subject to''.

SEC. 6102. REGISTRATION OF FOOD FACILITIES.

(a) Updating of Food Category Regulations; Biennial
Registration Renewal.--Section 415(a) (21 U.S.C. 350d(a)) is
amended--
(1) in paragraph (2), by--
(A) striking ``conducts business and'' and inserting
``conducts business, the e-mail address for the contact
person of the facility or, in the case of a foreign facility,
the United States agent for the facility, and''; and
(B) inserting ``, or any other food categories as
determined appropriate by the Secretary, including by
guidance'' after ``Code of Federal Regulations'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Biennial registration renewal.--During the period
beginning on October 1 and ending on December 31 of each
even-numbered year, a registrant that has submitted a
registration under paragraph (1) shall submit to the
Secretary a renewal registration containing the information
described in paragraph (2). The Secretary shall provide for
an abbreviated registration renewal process for any
registrant that has not had any changes to such information
since the registrant submitted the preceding registration or
registration renewal for the facility involved.''.
(b) Suspension of Registration.--
(1) In general.--Section 415 (21 U.S.C. 350d) is amended--
(A) in subsection (a)(2), by inserting after the first
sentence the following: ``The registration shall contain an
assurance that the Secretary will be permitted to inspect
such facility at the times and in the manner permitted by
this Act.'';
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(C) by inserting after subsection (a) the following:
``(b) Suspension of Registration.--
``(1) In general.--If the Secretary determines that food
manufactured, processed, packed, received, or held by a
facility registered under this section has a reasonable
probability of causing serious adverse health consequences or
death to humans or animals, the Secretary may by order
suspend the registration of a facility--
``(A) that created, caused, or was otherwise responsible
for such reasonable probability; or
``(B)(i) that knew of, or had reason to know of, such
reasonable probability; and
``(ii) packed, received, or held such food.
``(2) Hearing on suspension.--The Secretary shall provide
the registrant subject to an order under paragraph (1) with
an opportunity for an informal hearing, to be held as soon as
possible but not later than 2 business days after the
issuance of the order or such other time period, as agreed
upon by the Secretary and the registrant, on the actions
required for reinstatement of registration and why the
registration that is subject to suspension should be
reinstated. The Secretary shall reinstate a registration if
the Secretary determines, based on evidence presented, that
adequate grounds do not exist to continue the suspension of
the registration.
``(3) Post-hearing corrective action plan; vacating of
order.--
``(A) Corrective action plan.--If, after providing
opportunity for an informal hearing under paragraph (2), the
Secretary determines that the suspension of registration
remains necessary, the Secretary shall require the registrant
to submit a corrective action plan to demonstrate how the
registrant plans to correct the conditions found by the
Secretary. The Secretary shall review such plan not later
than 14 days after the submission of the corrective action
plan or such other time period as determined by the
Secretary.
``(B) Vacating of order.--Upon a determination by the
Secretary that adequate grounds do not exist to continue the
suspension actions required by the order, or that such
actions should be modified, the Secretary shall promptly
vacate the order and reinstate the registration of the
facility subject to the order or modify the order, as
appropriate.
``(4) Effect of suspension.--If the registration of a
facility is suspended under this subsection, no person shall
import or export food into the United States from such
facility, offer to import or export food into the United
States from such facility, or otherwise introduce food from
such facility into interstate or intrastate commerce in the
United States.
``(5) Regulations.--
``(A) In general.--The Secretary shall promulgate
regulations to implement this subsection. The Secretary may
promulgate such regulations on an interim final basis.
``(B) Registration requirement.--The Secretary may require
that registration under this section be submitted in an
electronic format. Such requirement may not take effect
before the date that is 5 years after the date of enactment
of the FDA Food Safety Modernization Act.
``(6) Application date.--Facilities shall be subject to the
requirements of this subsection beginning on the earlier of--
``(A) the date on which the Secretary issues regulations
under paragraph (5); or
``(B) 180 days after the date of enactment of the FDA Food
Safety Modernization Act.
``(7) No delegation.--The authority conferred by this
subsection to issue an order to suspend a registration or
vacate an order of suspension shall not be delegated to any
officer or employee other than the Commissioner.''.
(2) Small entity compliance policy guide.--Not later than
180 days after the issuance of the regulations promulgated
under section 415(b)(5) of the Federal Food, Drug, and
Cosmetic Act (as added by this section), the Secretary shall
issue a small entity compliance policy guide setting forth in
plain language the requirements of such regulations to assist
small entities in complying with registration requirements
and other activities required under such section.
(3) Imported food.--Section 801(l) (21 U.S.C. 381(l)) is
amended by inserting ``(or for which a registration has been
suspended under such section)'' after ``section 415''.
(c) Clarification of Intent.--
(1) Retail food establishment.--The Secretary shall amend
the definition of the term ``retail food establishment'' in
section 1.227(b)(11) of title 21, Code of Federal Regulations
to clarify that, in determining the primary function of an
establishment or a retail food establishment under such
section, the sale of food products directly to consumers by
such establishment and the sale of food directly to consumers
by such retail food establishment include--
(A) the sale of such food products or food directly to
consumers by such establishment at a roadside stand or
farmers' market where such stand or market is located other
than where the food was manufactured or processed;
(B) the sale and distribution of such food through a
community supported agriculture program; and
(C) the sale and distribution of such food at any other
such direct sales platform as determined by the Secretary.

[[Page 20082]]

(2) Definitions.--For purposes of paragraph (1)--
(A) the term ``community supported agriculture program''
has the same meaning given the term ``community supported
agriculture (CSA) program'' in section 249.2 of title 7, Code
of Federal Regulations (or any successor regulation); and
(B) the term ``consumer'' does not include a business.
(d) Conforming Amendments.--
(1) Section 301(d) (21 U.S.C. 331(d)) is amended by
inserting ``415,'' after ``404,''.
(2) Section 415(d), as redesignated by subsection (b), is
amended by adding at the end before the period ``for a
facility to be registered, except with respect to the
reinstatement of a registration that is suspended under
subsection (b)''.

SEC. 6103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE
CONTROLS.

(a) In General.--Chapter IV (21 U.S.C. 341 et seq.) is
amended by adding at the end the following:

``SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE
CONTROLS.

``(a) In General.--The owner, operator, or agent in charge
of a facility shall, in accordance with this section,
evaluate the hazards that could affect food manufactured,
processed, packed, or held by such facility, identify and
implement preventive controls to significantly minimize or
prevent the occurrence of such hazards and provide assurances
that such food is not adulterated under section 402 or
misbranded under section 403(w), monitor the performance of
those controls, and maintain records of this monitoring as a
matter of routine practice.
``(b) Hazard Analysis.--The owner, operator, or agent in
charge of a facility shall--
``(1) identify and evaluate known or reasonably foreseeable
hazards that may be associated with the facility, including--
``(A) biological, chemical, physical, and radiological
hazards, natural toxins, pesticides, drug residues,
decomposition, parasites, allergens, and unapproved food and
color additives; and
``(B) hazards that occur naturally, or may be
unintentionally introduced; and
``(2) identify and evaluate hazards that may be
intentionally introduced, including by acts of terrorism; and
``(3) develop a written analysis of the hazards.
``(c) Preventive Controls.--The owner, operator, or agent
in charge of a facility shall identify and implement
preventive controls, including at critical control points, if
any, to provide assurances that--
``(1) hazards identified in the hazard analysis conducted
under subsection (b)(1) will be significantly minimized or
prevented;
``(2) any hazards identified in the hazard analysis
conducted under subsection (b)(2) will be significantly
minimized or prevented and addressed, consistent with section
420, as applicable; and
``(3) the food manufactured, processed, packed, or held by
such facility will not be adulterated under section 402 or
misbranded under section 403(w).
``(d) Monitoring of Effectiveness.--The owner, operator, or
agent in charge of a facility shall monitor the effectiveness
of the preventive controls implemented under subsection (c)
to provide assurances that the outcomes described in
subsection (c) shall be achieved.
``(e) Corrective Actions.--The owner, operator, or agent in
charge of a facility shall establish procedures to ensure
that, if the preventive controls implemented under subsection
(c) are not properly implemented or are found to be
ineffective--
``(1) appropriate action is taken to reduce the likelihood
of recurrence of the implementation failure;
``(2) all affected food is evaluated for safety; and
``(3) all affected food is prevented from entering into
commerce if the owner, operator, or agent in charge of such
facility cannot ensure that the affected food is not
adulterated under section 402 or misbranded under section
403(w).
``(f) Verification.--The owner, operator, or agent in
charge of a facility shall verify that--
``(1) the preventive controls implemented under subsection
(c) are adequate to control the hazards identified under
subsection (b);
``(2) the owner, operator, or agent is conducting
monitoring in accordance with subsection (d);
``(3) the owner, operator, or agent is making appropriate
decisions about corrective actions taken under subsection
(e);
``(4) the preventive controls implemented under subsection
(c) are effectively and significantly minimizing or
preventing the occurrence of identified hazards, including
through the use of environmental and product testing programs
and other appropriate means; and
``(5) there is documented, periodic reanalysis of the plan
under subsection (i) to ensure that the plan is still
relevant to the raw materials, conditions, and processes in
the facility, and new and emerging threats.
``(g) Recordkeeping.--The owner, operator, or agent in
charge of a facility shall maintain, for not less than 2
years, records documenting the monitoring of the preventive
controls implemented under subsection (c), instances of
nonconformance material to food safety, the results of
testing and other appropriate means of verification under
subsection (f)(4), instances when corrective actions were
implemented, and the efficacy of preventive controls and
corrective actions.
``(h) Written Plan and Documentation.--The owner, operator,
or agent in charge of a facility shall prepare a written plan
that documents and describes the procedures used by the
facility to comply with the requirements of this section,
including analyzing the hazards under subsection (b) and
identifying the preventive controls adopted under subsection
(c) to address those hazards. Such written plan, together
with the documentation described in subsection (g), shall be
made promptly available to a duly authorized representative
of the Secretary upon oral or written request.
``(i) Requirement To Reanalyze.--The owner, operator, or
agent in charge of a facility shall conduct a reanalysis
under subsection (b) whenever a significant change is made in
the activities conducted at a facility operated by such
owner, operator, or agent if the change creates a reasonable
potential for a new hazard or a significant increase in a
previously identified hazard or not less frequently than once
every 3 years, whichever is earlier. Such reanalysis shall be
completed and additional preventive controls needed to
address the hazard identified, if any, shall be implemented
before the change in activities at the facility is operative.
Such owner, operator, or agent shall revise the written plan
required under subsection (h) if such a significant change is
made or document the basis for the conclusion that no
additional or revised preventive controls are needed. The
Secretary may require a reanalysis under this section to
respond to new hazards and developments in scientific
understanding, including, as appropriate, results from the
Department of Homeland Security biological, chemical,
radiological, or other terrorism risk assessment.
``(j) Exemption for Seafood, Juice, and Low-acid Canned
Food Facilities Subject to HACCP.--
``(1) In general.--This section shall not apply to a
facility if the owner, operator, or agent in charge of such
facility is required to comply with, and is in compliance
with, 1 of the following standards and regulations with
respect to such facility:
``(A) The Seafood Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(B) The Juice Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(C) The Thermally Processed Low-Acid Foods Packaged in
Hermetically Sealed Containers standards of the Food and Drug
Administration (or any successor standards).
``(2) Applicability.--The exemption under paragraph (1)(C)
shall apply only with respect to microbiological hazards that
are regulated under the standards for Thermally Processed
Low-Acid Foods Packaged in Hermetically Sealed Containers
under part 113 of chapter 21, Code of Federal Regulations (or
any successor regulations).
``(k) Exception for Activities of Facilities Subject to
Section 419.--This section shall not apply to activities of a
facility that are subject to section 419.
``(l) Modified Requirements for Qualified Facilities.--
``(1) Qualified facilities.--
``(A) In general.--A facility is a qualified facility for
purposes of this subsection if the facility meets the
conditions under subparagraph (B) or (C).
``(B) Very small business.--A facility is a qualified
facility under this subparagraph--
``(i) if the facility, including any subsidiary or
affiliate of the facility, is, collectively, a very small
business (as defined in the regulations promulgated under
subsection (n)); and
``(ii) in the case where the facility is a subsidiary or
affiliate of an entity, if such subsidiaries or affiliates,
are, collectively, a very small business (as so defined).
``(C) Limited annual monetary value of sales.--
``(i) In general.--A facility is a qualified facility under
this subparagraph if clause (ii) applies--

``(I) to the facility, including any subsidiary or
affiliate of the facility, collectively; and
``(II) to the subsidiaries or affiliates, collectively, of
any entity of which the facility is a subsidiary or
affiliate.

``(ii) Average annual monetary value.--This clause applies
if--

``(I) during the 3-year period preceding the applicable
calendar year, the average annual monetary value of the food
manufactured, processed, packed, or held at such facility (or
the collective average annual monetary value of such food at
any subsidiary or affiliate, as described in clause (i)) that
is sold directly to qualified end-users during such period
exceeded the average annual monetary value of the food
manufactured, processed, packed, or held at such facility (or
the collective average annual monetary value of such food at
any subsidiary or affiliate, as so described) sold by such
facility (or collectively by any such subsidiary or
affiliate) to all other purchasers during such period; and
``(II) the average annual monetary value of all food sold
by such facility (or the collective average annual monetary
value of such

[[Page 20083]]

food sold by any subsidiary or affiliate, as described in
clause (i)) during such period was less than $500,000,
adjusted for inflation.

``(2) Exemption.--A qualified facility--
``(A) shall not be subject to the requirements under
subsections (a) through (i) and subsection (n) in an
applicable calendar year; and
``(B) shall submit to the Secretary--
``(i)(I) documentation that demonstrates that the owner,
operator, or agent in charge of the facility has identified
potential hazards associated with the food being produced, is
implementing preventive controls to address the hazards, and
is monitoring the preventive controls to ensure that such
controls are effective; or
``(II) documentation (which may include licenses,
inspection reports, certificates, permits, credentials,
certification by an appropriate agency (such as a State
department of agriculture), or other evidence of oversight),
as specified by the Secretary, that the facility is in
compliance with State, local, county, or other applicable
non-Federal food safety law; and
``(ii) documentation, as specified by the Secretary in a
guidance document issued not later than 1 year after the date
of enactment of this section, that the facility is a
qualified facility under paragraph (1)(B) or (1)(C).
``(3) Withdrawal; rule of construction.--
``(A) In general.--In the event of an active investigation
of a foodborne illness outbreak that is directly linked to a
qualified facility subject to an exemption under this
subsection, or if the Secretary determines that it is
necessary to protect the public health and prevent or
mitigate a foodborne illness outbreak based on conduct or
conditions associated with a qualified facility that are
material to the safety of the food manufactured, processed,
packed, or held at such facility, the Secretary may withdraw
the exemption provided to such facility under this
subsection.
``(B) Rule of construction.--Nothing in this subsection
shall be construed to expand or limit the inspection
authority of the Secretary.
``(4) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate' means any facility
that controls, is controlled by, or is under common control
with another facility.
``(B) Qualified end-user.--The term `qualified end-user',
with respect to a food, means--
``(i) the consumer of the food; or
``(ii) a restaurant or retail food establishment (as those
terms are defined by the Secretary for purposes of section
415) that--

``(I) is located--

``(aa) in the same State as the qualified facility that
sold the food to such restaurant or establishment; or
``(bb) not more than 275 miles from such facility; and

``(II) is purchasing the food for sale directly to
consumers at such restaurant or retail food establishment.

``(C) Consumer.--For purposes of subparagraph (B), the term
`consumer' does not include a business.
``(D) Subsidiary.--The term `subsidiary' means any company
which is owned or controlled directly or indirectly by
another company.
``(5) Study.--
``(A) In general.--The Secretary, in consultation with the
Secretary of Agriculture, shall conduct a study of the food
processing sector regulated by the Secretary to determine--
``(i) the distribution of food production by type and size
of operation, including monetary value of food sold;
``(ii) the proportion of food produced by each type and
size of operation;
``(iii) the number and types of food facilities co-located
on farms, including the number and proportion by commodity
and by manufacturing or processing activity;
``(iv) the incidence of foodborne illness originating from
each size and type of operation and the type of food
facilities for which no reported or known hazard exists; and
``(v) the effect on foodborne illness risk associated with
commingling, processing, transporting, and storing food and
raw agricultural commodities, including differences in risk
based on the scale and duration of such activities.
``(B) Size.--The results of the study conducted under
subparagraph (A) shall include the information necessary to
enable the Secretary to define the terms `small business' and
`very small business', for purposes of promulgating the
regulation under subsection (n). In defining such terms, the
Secretary shall include consideration of harvestable acres,
income, the number of employees, and the volume of food
harvested.
``(C) Submission of report.--Not later than 18 months after
the date of enactment the FDA Food Safety Modernization Act,
the Secretary shall submit to Congress a report that
describes the results of the study conducted under
subparagraph (A).
``(6) No preemption.--Nothing in this subsection preempts
State, local, county, or other non-Federal law regarding the
safe production of food. Compliance with this subsection
shall not relieve any person from liability at common law or
under State statutory law.
``(7) Notification to consumers.--
``(A) In general.--A qualified facility that is exempt from
the requirements under subsections (a) through (i) and
subsection (n) and does not prepare documentation under
paragraph (2)(B)(i)(I) shall--
``(i) with respect to a food for which a food packaging
label is required by the Secretary under any other provision
of this Act, include prominently and conspicuously on such
label the name and business address of the facility where the
food was manufactured or processed; or
``(ii) with respect to a food for which a food packaging
label is not required by the Secretary under any other
provisions of this Act, prominently and conspicuously
display, at the point of purchase, the name and business
address of the facility where the food was manufactured or
processed, on a label, poster, sign, placard, or documents
delivered contemporaneously with the food in the normal
course of business, or, in the case of Internet sales, in an
electronic notice.
``(B) No additional label.--Subparagraph (A) does not
provide authority to the Secretary to require a label that is
in addition to any label required under any other provision
of this Act.
``(m) Authority With Respect to Certain Facilities.--The
Secretary may, by regulation, exempt or modify the
requirements for compliance under this section with respect
to facilities that are solely engaged in the production of
food for animals other than man, the storage of raw
agricultural commodities (other than fruits and vegetables)
intended for further distribution or processing, or the
storage of packaged foods that are not exposed to the
environment.
``(n) Regulations.--
``(1) In general.--Not later than 18 months after the date
of enactment of the FDA Food Safety Modernization Act, the
Secretary shall promulgate regulations--
``(A) to establish science-based minimum standards for
conducting a hazard analysis, documenting hazards,
implementing preventive controls, and documenting the
implementation of the preventive controls under this section;
and
``(B) to define, for purposes of this section, the terms
`small business' and `very small business', taking into
consideration the study described in subsection (l)(5).
``(2) Coordination.--In promulgating the regulations under
paragraph (1)(A), with regard to hazards that may be
intentionally introduced, including by acts of terrorism, the
Secretary shall coordinate with the Secretary of Homeland
Security, as appropriate.
``(3) Content.--The regulations promulgated under paragraph
(1)(A) shall--
``(A) provide sufficient flexibility to be practicable for
all sizes and types of facilities, including small businesses
such as a small food processing facility co-located on a
farm;
``(B) comply with chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'), with
special attention to minimizing the burden (as defined in
section 3502(2) of such Act) on the facility, and collection
of information (as defined in section 3502(3) of such Act),
associated with such regulations;
``(C) acknowledge differences in risk and minimize, as
appropriate, the number of separate standards that apply to
separate foods; and
``(D) not require a facility to hire a consultant or other
third party to identify, implement, certify, or audit
preventative controls, except in the case of negotiated
enforcement resolutions that may require such a consultant or
third party.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to provide the Secretary with the
authority to prescribe specific technologies, practices, or
critical controls for an individual facility.
``(5) Review.--In promulgating the regulations under
paragraph (1)(A), the Secretary shall review regulatory
hazard analysis and preventive control programs in existence
on the date of enactment of the FDA Food Safety Modernization
Act, including the Grade `A' Pasteurized Milk Ordinance to
ensure that such regulations are consistent, to the extent
practicable, with applicable domestic and internationally
recognized standards in existence on such date.
``(o) Definitions.--For purposes of this section:
``(1) Critical control point.--The term `critical control
point' means a point, step, or procedure in a food process at
which control can be applied and is essential to prevent or
eliminate a food safety hazard or reduce such hazard to an
acceptable level.
``(2) Facility.--The term `facility' means a domestic
facility or a foreign facility that is required to register
under section 415.
``(3) Preventive controls.--The term `preventive controls'
means those risk-based, reasonably appropriate procedures,
practices, and processes that a person knowledgeable about
the safe manufacturing, processing, packing, or holding of
food would employ to significantly minimize or prevent the
hazards identified under the hazard analysis conducted under
subsection (b) and that are consistent with the current
scientific understanding of safe food manufacturing,
processing, packing, or holding at the time of the analysis.
Those procedures, practices, and processes may include the
following:

[[Page 20084]]

``(A) Sanitation procedures for food contact surfaces and
utensils and food-contact surfaces of equipment.
``(B) Supervisor, manager, and employee hygiene training.
``(C) An environmental monitoring program to verify the
effectiveness of pathogen controls in processes where a food
is exposed to a potential contaminant in the environment.
``(D) A food allergen control program.
``(E) A recall plan.
``(F) Current Good Manufacturing Practices (cGMPs) under
part 110 of title 21, Code of Federal Regulations (or any
successor regulations).
``(G) Supplier verification activities that relate to the
safety of food.''.
(b) Guidance Document.--The Secretary shall issue a
guidance document related to the regulations promulgated
under subsection (b)(1) with respect to the hazard analysis
and preventive controls under section 418 of the Federal
Food, Drug, and Cosmetic Act (as added by subsection (a)).
(c) Rulemaking.--
(1) Proposed rulemaking.--
(A) In general.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the
``Secretary'') shall publish a notice of proposed rulemaking
in the Federal Register to promulgate regulations with
respect to--
(i) activities that constitute on-farm packing or holding
of food that is not grown, raised, or consumed on such farm
or another farm under the same ownership for purposes of
section 415 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350d), as amended by this Act; and
(ii) activities that constitute on-farm manufacturing or
processing of food that is not consumed on that farm or on
another farm under common ownership for purposes of such
section 415.
(B) Clarification.--The rulemaking described under
subparagraph (A) shall enhance the implementation of such
section 415 and clarify the activities that are included as
part of the definition of the term ``facility'' under such
section 415. Nothing in this Act authorizes the Secretary to
modify the definition of the term ``facility'' under such
section.
(C) Science-based risk analysis.--In promulgating
regulations under subparagraph (A), the Secretary shall
conduct a science-based risk analysis of--
(i) specific types of on-farm packing or holding of food
that is not grown, raised, or consumed on such farm or
another farm under the same ownership, as such packing and
holding relates to specific foods; and
(ii) specific on-farm manufacturing and processing
activities as such activities relate to specific foods that
are not consumed on that farm or on another farm under common
ownership.
(D) Authority with respect to certain facilities.--
(i) In general.--In promulgating the regulations under
subparagraph (A), the Secretary shall consider the results of
the science-based risk analysis conducted under subparagraph
(C), and shall exempt certain facilities from the
requirements in section 418 of the Federal Food, Drug, and
Cosmetic Act (as added by this section), including hazard
analysis and preventive controls, and the mandatory
inspection frequency in section 421 of such Act (as added by
section 6201), or modify the requirements in such sections
418 or 421, as the Secretary determines appropriate, if such
facilities are engaged only in specific types of on-farm
manufacturing, processing, packing, or holding activities
that the Secretary determines to be low risk involving
specific foods the Secretary determines to be low risk.
(ii) Limitation.--The exemptions or modifications under
clause (i) shall not include an exemption from the
requirement to register under section 415 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350d), as amended by
this Act, if applicable, and shall apply only to small
businesses and very small businesses, as defined in the
regulation promulgated under section 418(n) of the Federal
Food, Drug, and Cosmetic Act (as added under subsection (a)).
(2) Final regulations.--Not later than 9 months after the
close of the comment period for the proposed rulemaking under
paragraph (1), the Secretary shall adopt final rules with
respect to--
(A) activities that constitute on-farm packing or holding
of food that is not grown, raised, or consumed on such farm
or another farm under the same ownership for purposes of
section 415 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350d), as amended by this Act;
(B) activities that constitute on-farm manufacturing or
processing of food that is not consumed on that farm or on
another farm under common ownership for purposes of such
section 415; and
(C) the requirements under sections 418 and 421 of the
Federal Food, Drug, and Cosmetic Act, as added by this Act,
from which the Secretary may issue exemptions or
modifications of the requirements for certain types of
facilities.
(d) Small Entity Compliance Policy Guide.--Not later than
180 days after the issuance of the regulations promulgated
under subsection (n) of section 418 of the Federal Food,
Drug, and Cosmetic Act (as added by subsection (a)), the
Secretary shall issue a small entity compliance policy guide
setting forth in plain language the requirements of such
section 418 and this section to assist small entities in
complying with the hazard analysis and other activities
required under such section 418 and this section.
(e) Prohibited Acts.--Section 301 (21 U.S.C. 331) is
amended by adding at the end the following:
``(uu) The operation of a facility that manufactures,
processes, packs, or holds food for sale in the United States
if the owner, operator, or agent in charge of such facility
is not in compliance with section 418.''.
(f) No Effect on HACCP Authorities.--Nothing in the
amendments made by this section limits the authority of the
Secretary under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or the Public Health Service Act (42
U.S.C. 201 et seq.) to revise, issue, or enforce Hazard
Analysis Critical Control programs and the Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed
Containers standards.
(g) Dietary Supplements.--Nothing in the amendments made by
this section shall apply to any facility with regard to the
manufacturing, processing, packing, or holding of a dietary
supplement that is in compliance with the requirements of
sections 402(g)(2) and 761 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(g)(2), 379aa-1).
(h) Updating Guidance Relating to Fish and Fisheries
Products Hazards and Controls.--The Secretary shall, not
later than 180 days after the date of enactment of this Act,
update the Fish and Fisheries Products Hazards and Control
Guidance to take into account advances in technology that
have occurred since the previous publication of such Guidance
by the Secretary.
(i) Effective Dates.--
(1) General rule.--The amendments made by this section
shall take effect 18 months after the date of enactment of
this Act.
(2) Flexibility for small businesses.--Notwithstanding
paragraph (1)--
(A) the amendments made by this section shall apply to a
small business (as defined in the regulations promulgated
under section 418(n) of the Federal Food, Drug, and Cosmetic
Act (as added by this section)) beginning on the date that is
6 months after the effective date of such regulations; and
(B) the amendments made by this section shall apply to a
very small business (as defined in such regulations)
beginning on the date that is 18 months after the effective
date of such regulations.

SEC. 6104. PERFORMANCE STANDARDS.

(a) In General.--The Secretary shall, in coordination with
the Secretary of Agriculture, not less frequently than every
2 years, review and evaluate relevant health data and other
relevant information, including from toxicological and
epidemiological studies and analyses, current Good
Manufacturing Practices issued by the Secretary relating to
food, and relevant recommendations of relevant advisory
committees, including the Food Advisory Committee, to
determine the most significant foodborne contaminants.
(b) Guidance Documents and Regulations.--Based on the
review and evaluation conducted under subsection (a), and
when appropriate to reduce the risk of serious illness or
death to humans or animals or to prevent adulteration of the
food under section 402 of the Federal Food, Drug, or Cosmetic
Act (21 U.S.C. 342) or to prevent the spread by food of
communicable disease under section 361 of the Public Health
Service Act (42 U.S.C. 264), the Secretary shall issue
contaminant-specific and science-based guidance documents,
including guidance documents regarding action levels, or
regulations. Such guidance, including guidance regarding
action levels, or regulations--
(1) shall apply to products or product classes;
(2) shall, where appropriate, differentiate between food
for human consumption and food intended for consumption by
animals other than humans; and
(3) shall not be written to be facility-specific.
(c) No Duplication of Efforts.--The Secretary shall
coordinate with the Secretary of Agriculture to avoid issuing
duplicative guidance on the same contaminants.
(d) Review.--The Secretary shall periodically review and
revise, as appropriate, the guidance documents, including
guidance documents regarding action levels, or regulations
promulgated under this section.

SEC. 6105. STANDARDS FOR PRODUCE SAFETY.

(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6103, is amended by adding at the end the
following:

``SEC. 419. STANDARDS FOR PRODUCE SAFETY.

``(a) Proposed Rulemaking.--
``(1) In general.--
``(A) Rulemaking.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary, in coordination with the Secretary of Agriculture
and representatives of State departments of agriculture
(including with regard to the national organic program
established under the Organic Foods Production Act of

[[Page 20085]]

1990), and in consultation with the Secretary of Homeland
Security, shall publish a notice of proposed rulemaking to
establish science-based minimum standards for the safe
production and harvesting of those types of fruits and
vegetables, including specific mixes or categories of fruits
and vegetables, that are raw agricultural commodities for
which the Secretary has determined that such standards
minimize the risk of serious adverse health consequences or
death.
``(B) Determination by secretary.--With respect to small
businesses and very small businesses (as such terms are
defined in the regulation promulgated under subparagraph (A))
that produce and harvest those types of fruits and vegetables
that are raw agricultural commodities that the Secretary has
determined are low risk and do not present a risk of serious
adverse health consequences or death, the Secretary may
determine not to include production and harvesting of such
fruits and vegetables in such rulemaking, or may modify the
applicable requirements of regulations promulgated pursuant
to this section.
``(2) Public input.--During the comment period on the
notice of proposed rulemaking under paragraph (1), the
Secretary shall conduct not less than 3 public meetings in
diverse geographical areas of the United States to provide
persons in different regions an opportunity to comment.
``(3) Content.--The proposed rulemaking under paragraph (1)
shall--
``(A) provide sufficient flexibility to be applicable to
various types of entities engaged in the production and
harvesting of fruits and vegetables that are raw agricultural
commodities, including small businesses and entities that
sell directly to consumers, and be appropriate to the scale
and diversity of the production and harvesting of such
commodities;
``(B) include, with respect to growing, harvesting,
sorting, packing, and storage operations, science-based
minimum standards related to soil amendments, hygiene,
packaging, temperature controls, animals in the growing area,
and water;
``(C) consider hazards that occur naturally, may be
unintentionally introduced, or may be intentionally
introduced, including by acts of terrorism;
``(D) take into consideration, consistent with ensuring
enforceable public health protection, conservation and
environmental practice standards and policies established by
Federal natural resource conservation, wildlife conservation,
and environmental agencies;
``(E) in the case of production that is certified organic,
not include any requirements that conflict with or duplicate
the requirements of the national organic program established
under the Organic Foods Production Act of 1990, while
providing the same level of public health protection as the
requirements under guidance documents, including guidance
documents regarding action levels, and regulations under the
FDA Food Safety Modernization Act; and
``(F) define, for purposes of this section, the terms
`small business' and `very small business'.
``(4) Prioritization.--The Secretary shall prioritize the
implementation of the regulations under this section for
specific fruits and vegetables that are raw agricultural
commodities based on known risks which may include a history
and severity of foodborne illness outbreaks.
``(b) Final Regulation.--
``(1) In general.--Not later than 1 year after the close of
the comment period for the proposed rulemaking under
subsection (a), the Secretary shall adopt a final regulation
to provide for minimum science-based standards for those
types of fruits and vegetables, including specific mixes or
categories of fruits or vegetables, that are raw agricultural
commodities, based on known safety risks, which may include a
history of foodborne illness outbreaks.
``(2) Final regulation.--The final regulation shall--
``(A) provide for coordination of education and enforcement
activities by State and local officials, as designated by the
Governors of the respective States or the appropriate elected
State official as recognized by State statute; and
``(B) include a description of the variance process under
subsection (c) and the types of permissible variances the
Secretary may grant.
``(3) Flexibility for small businesses.--Notwithstanding
paragraph (1)--
``(A) the regulations promulgated under this section shall
apply to a small business (as defined in the regulation
promulgated under subsection (a)(1)) after the date that is 1
year after the effective date of the final regulation under
paragraph (1); and
``(B) the regulations promulgated under this section shall
apply to a very small business (as defined in the regulation
promulgated under subsection (a)(1)) after the date that is 2
years after the effective date of the final regulation under
paragraph (1).
``(c) Criteria.--
``(1) In general.--The regulations adopted under subsection
(b) shall--
``(A) set forth those procedures, processes, and practices
that the Secretary determines to minimize the risk of serious
adverse health consequences or death, including procedures,
processes, and practices that the Secretary determines to be
reasonably necessary to prevent the introduction of known or
reasonably foreseeable biological, chemical, and physical
hazards, including hazards that occur naturally, may be
unintentionally introduced, or may be intentionally
introduced, including by acts of terrorism, into fruits and
vegetables, including specific mixes or categories of fruits
and vegetables, that are raw agricultural commodities and to
provide reasonable assurances that the produce is not
adulterated under section 402;
``(B) provide sufficient flexibility to be practicable for
all sizes and types of businesses, including small businesses
such as a small food processing facility co-located on a
farm;
``(C) comply with chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act'), with
special attention to minimizing the burden (as defined in
section 3502(2) of such Act) on the business, and collection
of information (as defined in section 3502(3) of such Act),
associated with such regulations;
``(D) acknowledge differences in risk and minimize, as
appropriate, the number of separate standards that apply to
separate foods; and
``(E) not require a business to hire a consultant or other
third party to identify, implement, or certify compliance
with these procedures, processes, and practices, except in
the case of negotiated enforcement resolutions that may
require such a consultant or third party; and
``(F) permit States and foreign countries from which food
is imported into the United States to request from the
Secretary variances from the requirements of the regulations,
subject to paragraph (2), where the State or foreign country
determines that the variance is necessary in light of local
growing conditions and that the procedures, processes, and
practices to be followed under the variance are reasonably
likely to ensure that the produce is not adulterated under
section 402 and to provide the same level of public health
protection as the requirements of the regulations adopted
under subsection (b).
``(2) Variances.--
``(A) Requests for variances.--A State or foreign country
from which food is imported into the United States may in
writing request a variance from the Secretary. Such request
shall describe the variance requested and present information
demonstrating that the variance does not increase the
likelihood that the food for which the variance is requested
will be adulterated under section 402, and that the variance
provides the same level of public health protection as the
requirements of the regulations adopted under subsection (b).
The Secretary shall review such requests in a reasonable
timeframe.
``(B) Approval of variances.--The Secretary may approve a
variance in whole or in part, as appropriate, and may specify
the scope of applicability of a variance to other similarly
situated persons.
``(C) Denial of variances.--The Secretary may deny a
variance request if the Secretary determines that such
variance is not reasonably likely to ensure that the food is
not adulterated under section 402 and is not reasonably
likely to provide the same level of public health protection
as the requirements of the regulation adopted under
subsection (b). The Secretary shall notify the person
requesting such variance of the reasons for the denial.
``(D) Modification or revocation of a variance.--The
Secretary, after notice and an opportunity for a hearing, may
modify or revoke a variance if the Secretary determines that
such variance is not reasonably likely to ensure that the
food is not adulterated under section 402 and is not
reasonably likely to provide the same level of public health
protection as the requirements of the regulations adopted
under subsection (b).
``(d) Enforcement.--The Secretary may coordinate with the
Secretary of Agriculture and, as appropriate, shall contract
and coordinate with the agency or department designated by
the Governor of each State to perform activities to ensure
compliance with this section.
``(e) Guidance.--
``(1) In general.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall publish, after consultation with the
Secretary of Agriculture, representatives of State
departments of agriculture, farmer representatives, and
various types of entities engaged in the production and
harvesting or importing of fruits and vegetables that are raw
agricultural commodities, including small businesses, updated
good agricultural practices and guidance for the safe
production and harvesting of specific types of fresh produce
under this section.
``(2) Public meetings.--The Secretary shall conduct not
fewer than 3 public meetings in diverse geographical areas of
the United States as part of an effort to conduct education
and outreach regarding the guidance described in paragraph
(1) for persons in different regions who are involved in the
production and harvesting of fruits and vegetables that are
raw agricultural commodities, including persons that sell
directly to consumers and farmer representatives, and for
importers of fruits and vegetables that are raw agricultural
commodities.

[[Page 20086]]

``(3) Paperwork reduction.--The Secretary shall ensure that
any updated guidance under this section will--
``(A) provide sufficient flexibility to be practicable for
all sizes and types of facilities, including small businesses
such as a small food processing facility co-located on a
farm; and
``(B) acknowledge differences in risk and minimize, as
appropriate, the number of separate standards that apply to
separate foods.
``(f) Exemption for Direct Farm Marketing.--
``(1) In general.--A farm shall be exempt from the
requirements under this section in a calendar year if--
``(A) during the previous 3-year period, the average annual
monetary value of the food sold by such farm directly to
qualified end-users during such period exceeded the average
annual monetary value of the food sold by such farm to all
other buyers during such period; and
``(B) the average annual monetary value of all food sold
during such period was less than $500,000, adjusted for
inflation.
``(2) Notification to consumers.--
``(A) In general.--A farm that is exempt from the
requirements under this section shall--
``(i) with respect to a food for which a food packaging
label is required by the Secretary under any other provision
of this Act, include prominently and conspicuously on such
label the name and business address of the farm where the
produce was grown; or
``(ii) with respect to a food for which a food packaging
label is not required by the Secretary under any other
provision of this Act, prominently and conspicuously display,
at the point of purchase, the name and business address of
the farm where the produce was grown, on a label, poster,
sign, placard, or document delivered contemporaneously with
the food in the normal course of business, or, in the case of
Internet sales, in an electronic notice.
``(B) No additional label.--Subparagraph (A) does not
provide authority to the Secretary to require a label that is
in addition to any label required under any other provision
of this Act.
``(3) Withdrawal; rule of construction.--
``(A) In general.--In the event of an active investigation
of a foodborne illness outbreak that is directly linked to a
farm subject to an exemption under this subsection, or if the
Secretary determines that it is necessary to protect the
public health and prevent or mitigate a foodborne illness
outbreak based on conduct or conditions associated with a
farm that are material to the safety of the food produced or
harvested at such farm, the Secretary may withdraw the
exemption provided to such farm under this subsection.
``(B) Rule of construction.--Nothing in this subsection
shall be construed to expand or limit the inspection
authority of the Secretary.
``(4) Definitions.--
``(A) Qualified end-user.--In this subsection, the term
`qualified end-user', with respect to a food means--
``(i) the consumer of the food; or
``(ii) a restaurant or retail food establishment (as those
terms are defined by the Secretary for purposes of section
415) that is located--

``(I) in the same State as the farm that produced the food;
or
``(II) not more than 275 miles from such farm.

``(B) Consumer.--For purposes of subparagraph (A), the term
`consumer' does not include a business.
``(5) No preemption.--Nothing in this subsection preempts
State, local, county, or other non-Federal law regarding the
safe production, harvesting, holding, transportation, and
sale of fresh fruits and vegetables. Compliance with this
subsection shall not relieve any person from liability at
common law or under State statutory law.
``(6) Limitation of effect.--Nothing in this subsection
shall prevent the Secretary from exercising any authority
granted in the other sections of this Act.
``(g) Clarification.--This section shall not apply to
produce that is produced by an individual for personal
consumption.
``(h) Exception for Activities of Facilities Subject to
Section 418.--This section shall not apply to activities of a
facility that are subject to section 418.''.
(b) Small Entity Compliance Policy Guide.--Not later than
180 days after the issuance of regulations under section 419
of the Federal Food, Drug, and Cosmetic Act (as added by
subsection (a)), the Secretary of Health and Human Services
shall issue a small entity compliance policy guide setting
forth in plain language the requirements of such section 419
and to assist small entities in complying with standards for
safe production and harvesting and other activities required
under such section.
(c) Prohibited Acts.--Section 301 (21 U.S.C. 331), as
amended by section 6103, is amended by adding at the end the
following:
``(vv) The failure to comply with the requirements under
section 419.''.
(d) No Effect on HACCP Authorities.--Nothing in the
amendments made by this section limits the authority of the
Secretary under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or the Public Health Service Act (42
U.S.C. 201 et seq.) to revise, issue, or enforce product and
category-specific regulations, such as the Seafood Hazard
Analysis Critical Controls Points Program, the Juice Hazard
Analysis Critical Control Program, and the Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed
Containers standards.

SEC. 6106. PROTECTION AGAINST INTENTIONAL ADULTERATION.

(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6105, is amended by adding at the end the
following:

``SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION.

``(a) Determinations.--
``(1) In general.--The Secretary shall--
``(A) conduct a vulnerability assessment of the food
system, including by consideration of the Department of
Homeland Security biological, chemical, radiological, or
other terrorism risk assessments;
``(B) consider the best available understanding of
uncertainties, risks, costs, and benefits associated with
guarding against intentional adulteration of food at
vulnerable points; and
``(C) determine the types of science-based mitigation
strategies or measures that are necessary to protect against
the intentional adulteration of food.
``(2) Limited distribution.--In the interest of national
security, the Secretary, in consultation with the Secretary
of Homeland Security, may determine the time, manner, and
form in which determinations made under paragraph (1) are
made publicly available.
``(b) Regulations.--Not later than 18 months after the date
of enactment of the FDA Food Safety Modernization Act, the
Secretary, in coordination with the Secretary of Homeland
Security and in consultation with the Secretary of
Agriculture, shall promulgate regulations to protect against
the intentional adulteration of food subject to this Act.
Such regulations shall--
``(1) specify how a person shall assess whether the person
is required to implement mitigation strategies or measures
intended to protect against the intentional adulteration of
food; and
``(2) specify appropriate science-based mitigation
strategies or measures to prepare and protect the food supply
chain at specific vulnerable points, as appropriate.
``(c) Applicability.--Regulations promulgated under
subsection (b) shall apply only to food for which there is a
high risk of intentional contamination, as determined by the
Secretary, in consultation with the Secretary of Homeland
Security, under subsection (a), that could cause serious
adverse health consequences or death to humans or animals and
shall include those foods--
``(1) for which the Secretary has identified clear
vulnerabilities (including short shelf-life or susceptibility
to intentional contamination at critical control points); and
``(2) in bulk or batch form, prior to being packaged for
the final consumer.
``(d) Exception.--This section shall not apply to farms,
except for those that produce milk.
``(e) Definition.--For purposes of this section, the term
`farm' has the meaning given that term in section 1.227 of
title 21, Code of Federal Regulations (or any successor
regulation).''.
(b) Guidance Documents.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Secretary of Homeland
Security and the Secretary of Agriculture, shall issue
guidance documents related to protection against the
intentional adulteration of food, including mitigation
strategies or measures to guard against such adulteration as
required under section 420 of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a).
(2) Content.--The guidance documents issued under paragraph
(1) shall--
(A) include a model assessment for a person to use under
subsection (b)(1) of section 420 of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a);
(B) include examples of mitigation strategies or measures
described in subsection (b)(2) of such section; and
(C) specify situations in which the examples of mitigation
strategies or measures described in subsection (b)(2) of such
section are appropriate.
(3) Limited distribution.--In the interest of national
security, the Secretary of Health and Human Services, in
consultation with the Secretary of Homeland Security, may
determine the time, manner, and form in which the guidance
documents issued under paragraph (1) are made public,
including by releasing such documents to targeted audiences.
(c) Periodic Review.--The Secretary of Health and Human
Services shall periodically review and, as appropriate,
update the regulations under section 420(b) of the Federal
Food, Drug, and Cosmetic Act, as added by subsection (a), and
the guidance documents under subsection (b).
(d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.),
as amended by section 6105, is amended by adding at the end
the following:
``(ww) The failure to comply with section 420.''.

[[Page 20087]]

SEC. 6107. AUTHORITY TO COLLECT FEES.

(a) Fees for Reinspection, Recall, and Importation
Activities.--Subchapter C of chapter VII (21 U.S.C. 379f et
seq.) is amended by adding at the end the following:

``PART 6--FEES RELATED TO FOOD

``SEC. 743. AUTHORITY TO COLLECT AND USE FEES.

``(a) In General.--
``(1) Purpose and authority.--For fiscal year 2010 and each
subsequent fiscal year, the Secretary shall, in accordance
with this section, assess and collect fees from--
``(A) the responsible party for each domestic facility (as
defined in section 415(b)) and the United States agent for
each foreign facility subject to a reinspection in such
fiscal year, to cover reinspection-related costs for such
year;
``(B) the responsible party for a domestic facility (as
defined in section 415(b)) and an importer who does not
comply with a recall order under section 423 or under section
412(f) in such fiscal year, to cover food recall activities
associated with such order performed by the Secretary,
including technical assistance, follow-up effectiveness
checks, and public notifications, for such year;
``(C) each importer participating in the voluntary
qualified importer program under section 806 in such year, to
cover the administrative costs of such program for such year;
and
``(D) each importer subject to a reinspection in such
fiscal year, to cover reinspection-related costs for such
year.
``(2) Definitions.--For purposes of this section--
``(A) the term `reinspection' means--
``(i) with respect to domestic facilities (as defined in
section 415(b)), 1 or more inspections conducted under
section 704 subsequent to an inspection conducted under such
provision which identified noncompliance materially related
to a food safety requirement of this Act, specifically to
determine whether compliance has been achieved to the
Secretary's satisfaction; and
``(ii) with respect to importers, 1 or more examinations
conducted under section 801 subsequent to an examination
conducted under such provision which identified noncompliance
materially related to a food safety requirement of this Act,
specifically to determine whether compliance has been
achieved to the Secretary's satisfaction;
``(B) the term `reinspection-related costs' means all
expenses, including administrative expenses, incurred in
connection with--
``(i) arranging, conducting, and evaluating the results of
reinspections; and
``(ii) assessing and collecting reinspection fees under
this section; and
``(C) the term `responsible party' has the meaning given
such term in section 417(a)(1).
``(b) Establishment of Fees.--
``(1) In general.--Subject to subsections (c) and (d), the
Secretary shall establish the fees to be collected under this
section for each fiscal year specified in subsection (a)(1),
based on the methodology described under paragraph (2), and
shall publish such fees in a Federal Register notice not
later than 60 days before the start of each such year.
``(2) Fee methodology.--
``(A) Fees.--Fees amounts established for collection--
``(i) under subparagraph (A) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the reinspection-related activities
(including by type or level of reinspection activity, as the
Secretary determines applicable) described in such
subparagraph (A) for such year;
``(ii) under subparagraph (B) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the activities described in such
subparagraph (B) for such year;
``(iii) under subparagraph (C) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the activities described in such
subparagraph (C) for such year; and
``(iv) under subparagraph (D) of subsection (a)(1) for a
fiscal year shall be based on the Secretary's estimate of 100
percent of the costs of the activities described in such
subparagraph (D) for such year.
``(B) Other considerations.--
``(i) Voluntary qualified importer program.--In
establishing the fee amounts under subparagraph (A)(iii) for
a fiscal year, the Secretary shall provide for the number of
importers who have submitted to the Secretary a notice under
section 806(c) informing the Secretary of the intent of such
importer to participate in the program under section 806 in
such fiscal year.
``(ii) Crediting of fees.--In establishing the fee amounts
under subparagraph (A) for a fiscal year, the Secretary shall
provide for the crediting of fees from the previous year to
the next year if the Secretary overestimated the amount of
fees needed to carry out such activities, and consider the
need to account for any adjustment of fees and such other
factors as the Secretary determines appropriate.
``(iii) Published guidelines.--Not later than 180 days
after the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall publish in the Federal
Register a proposed set of guidelines in consideration of the
burden of fee amounts on small business. Such consideration
may include reduced fee amounts for small businesses. The
Secretary shall provide for a period of public comment on
such guidelines. The Secretary shall adjust the fee schedule
for small businesses subject to such fees only through notice
and comment rulemaking.
``(3) Use of fees.--The Secretary shall make all of the
fees collected pursuant to clause (i), (ii), (iii), and (iv)
of paragraph (2)(A) available solely to pay for the costs
referred to in such clause (i), (ii), (iii), and (iv) of
paragraph (2)(A), respectively.
``(c) Limitations.--
``(1) In general.--Fees under subsection (a) shall be
refunded for a fiscal year beginning after fiscal year 2010
unless the amount of the total appropriations for food safety
activities at the Food and Drug Administration for such
fiscal year (excluding the amount of fees appropriated for
such fiscal year) is equal to or greater than the amount of
appropriations for food safety activities at the Food and
Drug Administration for fiscal year 2009 (excluding the
amount of fees appropriated for such fiscal year), multiplied
by the adjustment factor under paragraph (3).
``(2) Authority.--If--
``(A) the Secretary does not assess fees under subsection
(a) for a portion of a fiscal year because paragraph (1)
applies; and
``(B) at a later date in such fiscal year, such paragraph
(1) ceases to apply,
the Secretary may assess and collect such fees under
subsection (a), without any modification to the rate of such
fees, notwithstanding the provisions of subsection (a)
relating to the date fees are to be paid.
``(3) Adjustment factor.--
``(A) In general.--The adjustment factor described in
paragraph (1) shall be the total percentage change that
occurred in the Consumer Price Index for all urban consumers
(all items; United States city average) for the 12-month
period ending June 30 preceding the fiscal year, but in no
case shall such adjustment factor be negative.
``(B) Compounded basis.--The adjustment under subparagraph
(A) made each fiscal year shall be added on a compounded
basis to the sum of all adjustments made each fiscal year
after fiscal year 2009.
``(4) Limitation on amount of certain fees.--
``(A) In general.--Notwithstanding any other provision of
this section and subject to subparagraph (B), the Secretary
may not collect fees in a fiscal year such that the amount
collected--
``(i) under subparagraph (B) of subsection (a)(1) exceeds
$20,000,000; and
``(ii) under subparagraphs (A) and (D) of subsection (a)(1)
exceeds $25,000,000 combined.
``(B) Exception.--If a domestic facility (as defined in
section 415(b)) or an importer becomes subject to a fee
described in subparagraph (A), (B), or (D) of subsection
(a)(1) after the maximum amount of fees has been collected by
the Secretary under subparagraph (A), the Secretary may
collect a fee from such facility or importer.
``(d) Crediting and Availability of Fees.--Fees authorized
under subsection (a) shall be collected and available for
obligation only to the extent and in the amount provided in
appropriations Acts. Such fees are authorized to remain
available until expended. Such sums as may be necessary may
be transferred from the Food and Drug Administration salaries
and expenses account without fiscal year limitation to such
appropriation account for salaries and expenses with such
fiscal year limitation. The sums transferred shall be
available solely for the purpose of paying the operating
expenses of the Food and Drug Administration employees and
contractors performing activities associated with these food
safety fees.
``(e) Collection of Fees.--
``(1) In general.--The Secretary shall specify in the
Federal Register notice described in subsection (b)(1) the
time and manner in which fees assessed under this section
shall be collected.
``(2) Collection of unpaid fees.--In any case where the
Secretary does not receive payment of a fee assessed under
this section within 30 days after it is due, such fee shall
be treated as a claim of the United States Government subject
to provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(f) Annual Report to Congress.--Not later than 120 days
after each fiscal year for which fees are assessed under this
section, the Secretary shall submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of
Representatives, to include a description of fees assessed
and collected for each such year and a summary description of
the entities paying such fees and the types of business in
which such entities engage.
``(g) Authorization of Appropriations.--For fiscal year
2010 and each fiscal year thereafter, there is authorized to
be appropriated for fees under this section an amount equal
to the total revenue amount determined under subsection (b)
for the fiscal year, as adjusted or otherwise affected under
the other provisions of this section.''.
(b) Export Certification Fees for Foods and Animal Feed.--
(1) Authority for export certifications for food, including
animal feed.--Section

[[Page 20088]]

801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amended--
(A) in the matter preceding clause (i), by striking ``a
drug'' and inserting ``a food, drug'';
(B) in clause (i) by striking ``exported drug'' and
inserting ``exported food, drug''; and
(C) in clause (ii) by striking ``the drug'' each place it
appears and inserting ``the food, drug''.
(2) Clarification of certification.--Section 801(e)(4) (21
U.S.C. 381(e)(4)) is amended by inserting after subparagraph
(B) the following new subparagraph:
``(C) For purposes of this paragraph, a certification by
the Secretary shall be made on such basis, and in such form
(including a publicly available listing) as the Secretary
determines appropriate.''.
(3) Limitations on use and amount of fees.--Paragraph (4)
of section 801(e) (21 U.S.C. 381(e)) is amended by adding at
the end the following:
``(D) With regard to fees pursuant to subparagraph (B) in
connection with written export certifications for food:
``(i) Such fees shall be collected and available solely for
the costs of the Food and Drug Administration associated with
issuing such certifications.
``(ii) Such fees may not be retained in an amount that
exceeds such costs.''.

SEC. 6108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.

(a) Development and Submission of Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services and the Secretary of Agriculture, in coordination
with the Secretary of Homeland Security, shall prepare and
transmit to the relevant committees of Congress, and make
publicly available on the Internet Web sites of the
Department of Health and Human Services and the Department of
Agriculture, the National Agriculture and Food Defense
Strategy.
(2) Implementation plan.--The strategy shall include an
implementation plan for use by the Secretaries described
under paragraph (1) in carrying out the strategy.
(3) Research.--The strategy shall include a coordinated
research agenda for use by the Secretaries described under
paragraph (1) in conducting research to support the goals and
activities described in paragraphs (1) and (2) of subsection
(b).
(4) Revisions.--Not later than 4 years after the date on
which the strategy is submitted to the relevant committees of
Congress under paragraph (1), and not less frequently than
every 4 years thereafter, the Secretary of Health and Human
Services and the Secretary of Agriculture, in coordination
with the Secretary of Homeland Security, shall revise and
submit to the relevant committees of Congress the strategy.
(5) Consistency with existing plans.--The strategy
described in paragraph (1) shall be consistent with--
(A) the National Incident Management System;
(B) the National Response Framework;
(C) the National Infrastructure Protection Plan;
(D) the National Preparedness Goals; and
(E) other relevant national strategies.
(b) Components.--
(1) In general.--The strategy shall include a description
of the process to be used by the Department of Health and
Human Services, the Department of Agriculture, and the
Department of Homeland Security--
(A) to achieve each goal described in paragraph (2); and
(B) to evaluate the progress made by Federal, State, local,
and tribal governments towards the achievement of each goal
described in paragraph (2).
(2) Goals.--The strategy shall include a description of the
process to be used by the Department of Health and Human
Services, the Department of Agriculture, and the Department
of Homeland Security to achieve the following goals:
(A) Preparedness goal.--Enhance the preparedness of the
agriculture and food system by--
(i) conducting vulnerability assessments of the agriculture
and food system;
(ii) mitigating vulnerabilities of the system;
(iii) improving communication and training relating to the
system;
(iv) developing and conducting exercises to test
decontamination and disposal plans;
(v) developing modeling tools to improve event consequence
assessment and decision support; and
(vi) preparing risk communication tools and enhancing
public awareness through outreach.
(B) Detection goal.--Improve agriculture and food system
detection capabilities by--
(i) identifying contamination in food products at the
earliest possible time; and
(ii) conducting surveillance to prevent the spread of
diseases.
(C) Emergency response goal.--Ensure an efficient response
to agriculture and food emergencies by--
(i) immediately investigating animal disease outbreaks and
suspected food contamination;
(ii) preventing additional human illnesses;
(iii) organizing, training, and equipping animal, plant,
and food emergency response teams of--

(I) the Federal Government; and
(II) State, local, and tribal governments;

(iv) designing, developing, and evaluating training and
exercises carried out under agriculture and food defense
plans; and
(v) ensuring consistent and organized risk communication to
the public by--

(I) the Federal Government;
(II) State, local, and tribal governments; and
(III) the private sector.

(D) Recovery goal.--Secure agriculture and food production
after an agriculture or food emergency by--
(i) working with the private sector to develop business
recovery plans to rapidly resume agriculture, food
production, and international trade;
(ii) conducting exercises of the plans described in
subparagraph (C) with the goal of long-term recovery results;
(iii) rapidly removing, and effectively disposing of--

(I) contaminated agriculture and food products; and
(II) infected plants and animals; and

(iv) decontaminating and restoring areas affected by an
agriculture or food emergency.
(3) Evaluation.--The Secretary, in coordination with the
Secretary of Agriculture and the Secretary of Homeland
Security, shall--
(A) develop metrics to measure progress for the evaluation
process described in paragraph (1)(B); and
(B) report on the progress measured in subparagraph (A) as
part of the National Agriculture and Food Defense strategy
described in subsection (a)(1).
(c) Limited Distribution.--In the interest of national
security, the Secretary of Health and Human Services and the
Secretary of Agriculture, in coordination with the Secretary
of Homeland Security, may determine the manner and format in
which the National Agriculture and Food Defense strategy
established under this section is made publicly available on
the Internet Web sites of the Department of Health and Human
Services, the Department of Homeland Security, and the
Department of Agriculture, as described in subsection (a)(1).

SEC. 6109. FOOD AND AGRICULTURE COORDINATING COUNCILS.

The Secretary of Homeland Security, in coordination with
the Secretary of Health and Human Services and the Secretary
of Agriculture, shall within 180 days of enactment of this
Act, and annually thereafter, submit to the relevant
committees of Congress, and make publicly available on the
Internet Web site of the Department of Homeland Security, a
report on the activities of the Food and Agriculture
Government Coordinating Council and the Food and Agriculture
Sector Coordinating Council, including the progress of such
Councils on--
(1) facilitating partnerships between public and private
entities to help coordinate and enhance the protection of the
agriculture and food system of the United States;
(2) providing for the regular and timely interchange of
information between each council relating to the security of
the agriculture and food system (including intelligence
information);
(3) identifying best practices and methods for improving
the coordination among Federal, State, local, and private
sector preparedness and response plans for agriculture and
food defense; and
(4) recommending methods by which to protect the economy
and the public health of the United States from the effects
of--
(A) animal or plant disease outbreaks;
(B) food contamination; and
(C) natural disasters affecting agriculture and food.

SEC. 6110. BUILDING DOMESTIC CAPACITY.

(a) In General.--
(1) Initial report.--The Secretary, in coordination with
the Secretary of Agriculture and the Secretary of Homeland
Security, shall, not later than 2 years after the date of
enactment of this Act, submit to Congress a comprehensive
report that identifies programs and practices that are
intended to promote the safety and supply chain security of
food and to prevent outbreaks of foodborne illness and other
food-related hazards that can be addressed through preventive
activities. Such report shall include a description of the
following:
(A) Analysis of the need for further regulations or
guidance to industry.
(B) Outreach to food industry sectors, including through
the Food and Agriculture Coordinating Councils referred to in
section 6109, to identify potential sources of emerging
threats to the safety and security of the food supply and
preventive strategies to address those threats.
(C) Systems to ensure the prompt distribution to the food
industry of information and technical assistance concerning
preventive strategies.
(D) Communication systems to ensure that information about
specific threats to the safety and security of the food
supply are rapidly and effectively disseminated.
(E) Surveillance systems and laboratory networks to rapidly
detect and respond to foodborne illness outbreaks and other
food-

[[Page 20089]]

related hazards, including how such systems and networks are
integrated.
(F) Outreach, education, and training provided to States
and local governments to build State and local food safety
and food defense capabilities, including progress
implementing strategies developed under sections 6108 and
6205.
(G) The estimated resources needed to effectively implement
the programs and practices identified in the report developed
in this section over a 5-year period.
(H) The impact of requirements under this Act (including
amendments made by this Act) on certified organic farms and
facilities (as defined in section 415 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350d)).
(I) Specific efforts taken pursuant to the agreements
authorized under section 421(c) of the Federal Food, Drug,
and Cosmetic Act (as added by section 6201), together with,
as necessary, a description of any additional authorities
necessary to improve seafood safety.
(2) Biennial reports.--On a biennial basis following the
submission of the report under paragraph (1), the Secretary
shall submit to Congress a report that--
(A) reviews previous food safety programs and practices;
(B) outlines the success of those programs and practices;
(C) identifies future programs and practices; and
(D) includes information related to any matter described in
subparagraphs (A) through (H) of paragraph (1), as necessary.
(b) Risk-Based Activities.--The report developed under
subsection (a)(1) shall describe methods that seek to ensure
that resources available to the Secretary for food safety-
related activities are directed at those actions most likely
to reduce risks from food, including the use of preventive
strategies and allocation of inspection resources. The
Secretary shall promptly undertake those risk-based actions
that are identified during the development of the report as
likely to contribute to the safety and security of the food
supply.
(c) Capability for Laboratory Analyses; Research.--The
report developed under subsection (a)(1) shall provide a
description of methods to increase capacity to undertake
analyses of food samples promptly after collection, to
identify new and rapid analytical techniques, including
commercially available techniques that can be employed at
ports of entry and by Food Emergency Response Network
laboratories, and to provide for well-equipped and staffed
laboratory facilities and progress toward laboratory
accreditation under section 422 of the Federal Food, Drug,
and Cosmetic Act (as added by section 6202).
(d) Information Technology.--The report developed under
subsection (a)(1) shall include a description of such
information technology systems as may be needed to identify
risks and receive data from multiple sources, including
foreign governments, State, local, and tribal governments,
other Federal agencies, the food industry, laboratories,
laboratory networks, and consumers. The information
technology systems that the Secretary describes shall also
provide for the integration of the facility registration
system under section 415 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350d), and the prior notice system
under section 801(m) of such Act (21 U.S.C. 381(m)) with
other information technology systems that are used by the
Federal Government for the processing of food offered for
import into the United States.
(e) Automated Risk Assessment.--The report developed under
subsection (a)(1) shall include a description of progress
toward developing and improving an automated risk assessment
system for food safety surveillance and allocation of
resources.
(f) Traceback and Surveillance Report.--The Secretary shall
include in the report developed under subsection (a)(1) an
analysis of the Food and Drug Administration's performance in
foodborne illness outbreaks during the 5-year period
preceding the date of enactment of this Act involving fruits
and vegetables that are raw agricultural commodities (as
defined in section 6201(r) (21 U.S.C. 321(r)) and
recommendations for enhanced surveillance, outbreak response,
and traceability. Such findings and recommendations shall
address communication and coordination with the public,
industry, and State and local governments, as such
communication and coordination relates to outbreak
identification and traceback.
(g) Biennial Food Safety and Food Defense Research Plan.--
The Secretary, the Secretary of Agriculture, and the
Secretary of Homeland Security shall, on a biennial basis,
submit to Congress a joint food safety and food defense
research plan which may include studying the long-term health
effects of foodborne illness. Such biennial plan shall
include a list and description of projects conducted during
the previous 2-year period and the plan for projects to be
conducted during the subsequent 2-year period.
(h) Effectiveness of Programs Administered by the
Department of Health and Human Services.--
(1) In general.--To determine whether existing Federal
programs administered by the Department of Health and Human
Services are effective in achieving the stated goals of such
programs, the Secretary shall, beginning not later than 1
year after the date of enactment of this Act--
(A) conduct an annual evaluation of each program of such
Department to determine the effectiveness of each such
program in achieving legislated intent, purposes, and
objectives; and
(B) submit to Congress a report concerning such evaluation.
(2) Content.--The report described under paragraph (1)(B)
shall--
(A) include conclusions concerning the reasons that such
existing programs have proven successful or not successful
and what factors contributed to such conclusions;
(B) include recommendations for consolidation and
elimination to reduce duplication and inefficiencies in such
programs at such Department as identified during the
evaluation conduct under this subsection; and
(C) be made publicly available in a publication entitled
``Guide to the U.S. Department of Health and Human Services
Programs''.
(i) Unique Identification Numbers.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Commissioner of Food and Drugs, shall conduct a study
regarding the need for, and challenges associated with,
development and implementation of a program that requires a
unique identification number for each food facility
registered with the Secretary and, as appropriate, each
broker that imports food into the United States. Such study
shall include an evaluation of the costs associated with
development and implementation of such a system, and make
recommendations about what new authorities, if any, would be
necessary to develop and implement such a system.
(2) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the findings of the study conducted
under paragraph (1) and that includes any recommendations
determined appropriate by the Secretary.

SEC. 6111. SANITARY TRANSPORTATION OF FOOD.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations described in section 416(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350e(b)).
(b) Food Transportation Study.--The Secretary, acting
through the Commissioner of Food and Drugs, shall conduct a
study of the transportation of food for consumption in the
United States, including transportation by air, that includes
an examination of the unique needs of rural and frontier
areas with regard to the delivery of safe food.

SEC. 6112. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.

(a) Definitions.--In this section:
(1) Early childhood education program.--The term ``early
childhood education program'' means--
(A) a Head Start program or an Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et
seq.);
(B) a State licensed or regulated child care program or
school; or
(C) a State prekindergarten program that serves children
from birth through kindergarten.
(2) ESEA definitions.--The terms ``local educational
agency'', ``secondary school'', ``elementary school'', and
``parent'' have the meanings given the terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) School.--The term ``school'' includes public--
(A) kindergartens;
(B) elementary schools; and
(C) secondary schools.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Establishment of Voluntary Food Allergy and Anaphylaxis
Management Guidelines.--
(1) Establishment.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Education, shall--
(i) develop guidelines to be used on a voluntary basis to
develop plans for individuals to manage the risk of food
allergy and anaphylaxis in schools and early childhood
education programs; and
(ii) make such guidelines available to local educational
agencies, schools, early childhood education programs, and
other interested entities and individuals to be implemented
on a voluntary basis only.
(B) Applicability of ferpa.--Each plan described in
subparagraph (A) that is developed for an individual shall be
considered an education record for the purpose of section 444
of the General Education Provisions Act (commonly referred to
as the ``Family Educational Rights and Privacy Act of 1974'')
(20 U.S.C. 1232g).
(2) Contents.--The voluntary guidelines developed by the
Secretary under paragraph (1) shall address each of the
following and may be updated as the Secretary determines
necessary:

[[Page 20090]]

(A) Parental obligation to provide the school or early
childhood education program, prior to the start of every
school year, with--
(i) documentation from their child's physician or nurse--

(I) supporting a diagnosis of food allergy, and any risk of
anaphylaxis, if applicable;
(II) identifying any food to which the child is allergic;
(III) describing, if appropriate, any prior history of
anaphylaxis;
(IV) listing any medication prescribed for the child for
the treatment of anaphylaxis;
(V) detailing emergency treatment procedures in the event
of a reaction;
(VI) listing the signs and symptoms of a reaction; and
(VII) assessing the child's readiness for self-
administration of prescription medication; and

(ii) a list of substitute meals that may be offered to the
child by school or early childhood education program food
service personnel.
(B) The creation and maintenance of an individual plan for
food allergy management, in consultation with the parent,
tailored to the needs of each child with a documented risk
for anaphylaxis, including any procedures for the self-
administration of medication by such children in instances
where--
(i) the children are capable of self-administering
medication; and
(ii) such administration is not prohibited by State law.
(C) Communication strategies between individual schools or
early childhood education programs and providers of emergency
medical services, including appropriate instructions for
emergency medical response.
(D) Strategies to reduce the risk of exposure to
anaphylactic causative agents in classrooms and common school
or early childhood education program areas such as
cafeterias.
(E) The dissemination of general information on life-
threatening food allergies to school or early childhood
education program staff, parents, and children.
(F) Food allergy management training of school or early
childhood education program personnel who regularly come into
contact with children with life-threatening food allergies.
(G) The authorization and training of school or early
childhood education program personnel to administer
epinephrine when the nurse is not immediately available.
(H) The timely accessibility of epinephrine by school or
early childhood education program personnel when the nurse is
not immediately available.
(I) The creation of a plan contained in each individual
plan for food allergy management that addresses the
appropriate response to an incident of anaphylaxis of a child
while such child is engaged in extracurricular programs of a
school or early childhood education program, such as
nonacademic outings and field trips, before- and after-school
programs or before- and after-early child education program
programs, and school-sponsored or early childhood education
program-sponsored programs held on weekends.
(J) Maintenance of information for each administration of
epinephrine to a child at risk for anaphylaxis and prompt
notification to parents.
(K) Other elements the Secretary determines necessary for
the management of food allergies and anaphylaxis in schools
and early childhood education programs.
(3) Relation to state law.--Nothing in this section or the
guidelines developed by the Secretary under paragraph (1)
shall be construed to preempt State law, including any State
law regarding whether students at risk for anaphylaxis may
self-administer medication.
(c) School-Based Food Allergy Management Grants.--
(1) In general.--The Secretary may award grants to local
educational agencies to assist such agencies with
implementing voluntary food allergy and anaphylaxis
management guidelines described in subsection (b).
(2) Application.--
(A) In general.--To be eligible to receive a grant under
this subsection, a local educational agency shall submit an
application to the Secretary at such time, in such manner,
and including such information as the Secretary may
reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall include--
(i) an assurance that the local educational agency has
developed plans in accordance with the food allergy and
anaphylaxis management guidelines described in subsection
(b);
(ii) a description of the activities to be funded by the
grant in carrying out the food allergy and anaphylaxis
management guidelines, including--

(I) how the guidelines will be carried out at individual
schools served by the local educational agency;
(II) how the local educational agency will inform parents
and students of the guidelines in place;
(III) how school nurses, teachers, administrators, and
other school-based staff will be made aware of, and given
training on, when applicable, the guidelines in place; and
(IV) any other activities that the Secretary determines
appropriate;

(iii) an itemization of how grant funds received under this
subsection will be expended;
(iv) a description of how adoption of the guidelines and
implementation of grant activities will be monitored; and
(v) an agreement by the local educational agency to report
information required by the Secretary to conduct evaluations
under this subsection.
(3) Use of funds.--Each local educational agency that
receives a grant under this subsection may use the grant
funds for the following:
(A) Purchase of materials and supplies, including limited
medical supplies such as epinephrine and disposable wet
wipes, to support carrying out the food allergy and
anaphylaxis management guidelines described in subsection
(b).
(B) In partnership with local health departments, school
nurse, teacher, and personnel training for food allergy
management.
(C) Programs that educate students as to the presence of,
and policies and procedures in place related to, food
allergies and anaphylactic shock.
(D) Outreach to parents.
(E) Any other activities consistent with the guidelines
described in subsection (b).
(4) Duration of awards.--The Secretary may award grants
under this subsection for a period of not more than 2 years.
In the event the Secretary conducts a program evaluation
under this subsection, funding in the second year of the
grant, where applicable, shall be contingent on a successful
program evaluation by the Secretary after the first year.
(5) Limitation on grant funding.--The Secretary may not
provide grant funding to a local educational agency under
this subsection after such local educational agency has
received 2 years of grant funding under this subsection.
(6) Maximum amount of annual awards.--A grant awarded under
this subsection may not be made in an amount that is more
than $50,000 annually.
(7) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to local educational
agencies with the highest percentages of children who are
counted under section 1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c)).
(8) Matching funds.--
(A) In general.--The Secretary may not award a grant under
this subsection unless the local educational agency agrees
that, with respect to the costs to be incurred by such local
educational agency in carrying out the grant activities, the
local educational agency shall make available (directly or
through donations from public or private entities) non-
Federal funds toward such costs in an amount equal to not
less than 25 percent of the amount of the grant.
(B) Determination of amount of non-federal contribution.--
Non-Federal funds required under subparagraph (A) may be cash
or in kind, including plant, equipment, or services. Amounts
provided by the Federal Government, and any portion of any
service subsidized by the Federal Government, may not be
included in determining the amount of such non-Federal funds.
(9) Administrative funds.--A local educational agency that
receives a grant under this subsection may use not more than
2 percent of the grant amount for administrative costs
related to carrying out this subsection.
(10) Progress and evaluations.--At the completion of the
grant period referred to in paragraph (4), a local
educational agency shall provide the Secretary with
information on how grant funds were spent and the status of
implementation of the food allergy and anaphylaxis management
guidelines described in subsection (b).
(11) Supplement, not supplant.--Grant funds received under
this subsection shall be used to supplement, and not
supplant, non-Federal funds and any other Federal funds
available to carry out the activities described in this
subsection.
(12) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $30,000,000
for fiscal year 2011 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
(d) Voluntary Nature of Guidelines.--
(1) In general.--The food allergy and anaphylaxis
management guidelines developed by the Secretary under
subsection (b) are voluntary. Nothing in this section or the
guidelines developed by the Secretary under subsection (b)
shall be construed to require a local educational agency to
implement such guidelines.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary may enforce an agreement by a local educational
agency to implement food allergy and anaphylaxis management
guidelines as a condition of the receipt of a grant under
subsection (c).

SEC. 6113. NEW DIETARY INGREDIENTS.

(a) In General.--Section 413 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350b) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Notification.--
``(1) In general.--If the Secretary determines that the
information in a new dietary

[[Page 20091]]

ingredient notification submitted under this section for an
article purported to be a new dietary ingredient is
inadequate to establish that a dietary supplement containing
such article will reasonably be expected to be safe because
the article may be, or may contain, an anabolic steroid or an
analogue of an anabolic steroid, the Secretary shall notify
the Drug Enforcement Administration of such determination.
Such notification by the Secretary shall include, at a
minimum, the name of the dietary supplement or article, the
name of the person or persons who marketed the product or
made the submission of information regarding the article to
the Secretary under this section, and any contact information
for such person or persons that the Secretary has.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `anabolic steroid' has the meaning given
such term in section 102(41) of the Controlled Substances
Act; and
``(B) the term `analogue of an anabolic steroid' means a
substance whose chemical structure is substantially similar
to the chemical structure of an anabolic steroid.''.
(b) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish guidance
that clarifies when a dietary supplement ingredient is a new
dietary ingredient, when the manufacturer or distributor of a
dietary ingredient or dietary supplement should provide the
Secretary with information as described in section 413(a)(2)
of the Federal Food, Drug, and Cosmetic Act, the evidence
needed to document the safety of new dietary ingredients, and
appropriate methods for establishing the identify of a new
dietary ingredient.

SEC. 6114. REQUIREMENT FOR GUIDANCE RELATING TO POST-HARVEST
PROCESSING OF RAW OYSTERS.

(a) In General.--Not later than 90 days prior to the
issuance of any guidance, regulation, or suggested amendment
by the Food and Drug Administration to the National Shellfish
Sanitation Program's Model Ordinance, or the issuance of any
guidance or regulation by the Food and Drug Administration
relating to the Seafood Hazard Analysis Critical Control
Points Program of the Food and Drug Administration (parts 123
and 1240 of title 21, Code of Federal Regulations (or any
successor regulations), where such guidance, regulation, or
suggested amendment relates to post-harvest processing for
raw oysters, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report which shall include--
(1) an assessment of how post-harvest processing or other
equivalent controls feasibly may be implemented in the
fastest, safest, and most economical manner;
(2) the projected public health benefits of any proposed
post-harvest processing;
(3) the projected costs of compliance with such post-
harvest processing measures;
(4) the impact post-harvest processing is expected to have
on the sales, cost, and availability of raw oysters;
(5) criteria for ensuring post-harvest processing standards
will be applied equally to shellfish imported from all
nations of origin;
(6) an evaluation of alternative measures to prevent,
eliminate, or reduce to an acceptable level the occurrence of
foodborne illness; and
(7) the extent to which the Food and Drug Administration
has consulted with the States and other regulatory agencies,
as appropriate, with regard to post-harvest processing
measures.
(b) Limitation.--Subsection (a) shall not apply to the
guidance described in section 6103(h).
(c) Review and Evaluation.--Not later than 30 days after
the Secretary issues a proposed regulation or guidance
described in subsection (a), the Comptroller General of the
United States shall--
(1) review and evaluate the report described in subsection
(a) and report to Congress on the findings of the estimates
and analysis in the report;
(2) compare such proposed regulation or guidance to similar
regulations or guidance with respect to other regulated
foods, including a comparison of risks the Secretary may find
associated with seafood and the instances of those risks in
such other regulated foods; and
(3) evaluate the impact of post-harvest processing on the
competitiveness of the domestic oyster industry in the United
States and in international markets.
(d) Waiver.--The requirement of preparing a report under
subsection (a) shall be waived if the Secretary issues a
guidance that is adopted as a consensus agreement between
Federal and State regulators and the oyster industry, acting
through the Interstate Shellfish Sanitation Conference.
(e) Public Access.--Any report prepared under this section
shall be made available to the public.

SEC. 6115. PORT SHOPPING.

Until the date on which the Secretary promulgates a final
rule that implements the amendments made by section 308 of
the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Public Law 107-188), the Secretary
shall notify the Secretary of Homeland Security of all
instances in which the Secretary refuses to admit a food into
the United States under section 801(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(a)) so that the
Secretary of Homeland Security, acting through the
Commissioner of Customs and Border Protection, may prevent
food refused admittance into the United States by a United
States port of entry from being admitted by another United
States port of entry, through the notification of other such
United States ports of entry.

SEC. 6116. ALCOHOL-RELATED FACILITIES.

(a) In General.--Except as provided by sections 6102, 6206,
6207, 6302, 6304, 6402, 6403, and 6404 of this Act, and the
amendments made by such sections, nothing in this Act, or the
amendments made by this Act, shall be construed to apply to a
facility that--
(1) under the Federal Alcohol Administration Act (27 U.S.C.
201 et seq.) or chapter 51 of subtitle E of the Internal
Revenue Code of 1986 (26 U.S.C. 5001 et seq.) is required to
obtain a permit or to register with the Secretary of the
Treasury as a condition of doing business in the United
States; and
(2) under section 415 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350d) is required to register as a
facility because such facility is engaged in manufacturing,
processing, packing, or holding 1 or more alcoholic
beverages, with respect to the activities of such facility
that relate to the manufacturing, processing, packing, or
holding of alcoholic beverages.
(b) Limited Receipt and Distribution of Nonalcohol Food.--
Subsection (a) shall not apply to a facility engaged in the
receipt and distribution of any nonalcohol food, except that
such paragraph shall apply to a facility described in such
paragraph that receives and distributes nonalcohol food,
provided such food is received and distributed--
(1) in a prepackaged form that prevents any direct human
contact with such food; and
(2) in amounts that constitute not more than 5 percent of
the overall sales of such facility, as determined by the
Secretary of the Treasury.
(c) Rule of Construction.--Except as provided in
subsections (a) and (b), this section shall not be construed
to exempt any food, other than alcoholic beverages, as
defined in section 214 of the Federal Alcohol Administration
Act (27 U.S.C. 214), from the requirements of this Act
(including the amendments made by this Act).

TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
PROBLEMS

SEC. 6201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC
FACILITIES, FOREIGN FACILITIES, AND PORTS OF
ENTRY; ANNUAL REPORT.

(a) Targeting of Inspection Resources for Domestic
Facilities, Foreign Facilities, and Ports of Entry.--Chapter
IV (21 U.S.C. 341 et seq.), as amended by section 6106, is
amended by adding at the end the following:

``SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC
FACILITIES, FOREIGN FACILITIES, AND PORTS OF
ENTRY; ANNUAL REPORT.

``(a) Identification and Inspection of Facilities.--
``(1) Identification.--The Secretary shall identify high-
risk facilities and shall allocate resources to inspect
facilities according to the known safety risks of the
facilities, which shall be based on the following factors:
``(A) The known safety risks of the food manufactured,
processed, packed, or held at the facility.
``(B) The compliance history of a facility, including with
regard to food recalls, outbreaks of foodborne illness, and
violations of food safety standards.
``(C) The rigor and effectiveness of the facility's hazard
analysis and risk-based preventive controls.
``(D) Whether the food manufactured, processed, packed, or
held at the facility meets the criteria for priority under
section 801(h)(1).
``(E) Whether the food or the facility that manufactured,
processed, packed, or held such food has received a
certification as described in section 801(q) or 806, as
appropriate.
``(F) Any other criteria deemed necessary and appropriate
by the Secretary for purposes of allocating inspection
resources.
``(2) Inspections.--
``(A) In general.--Beginning on the date of enactment of
the FDA Food Safety Modernization Act, the Secretary shall
increase the frequency of inspection of all facilities.
``(B) Domestic high-risk facilities.--The Secretary shall
increase the frequency of inspection of domestic facilities
identified under paragraph (1) as high-risk facilities such
that each such facility is inspected--
``(i) not less often than once in the 5-year period
following the date of enactment of the FDA Food Safety
Modernization Act; and
``(ii) not less often than once every 3 years thereafter.
``(C) Domestic non-high-risk facilities.--The Secretary
shall ensure that each domestic facility that is not
identified under paragraph (1) as a high-risk facility is
inspected--

[[Page 20092]]

``(i) not less often than once in the 7-year period
following the date of enactment of the FDA Food Safety
Modernization Act; and
``(ii) not less often than once every 5 years thereafter.
``(D) Foreign facilities.--
``(i) Year 1.--In the 1-year period following the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall inspect not fewer than 600 foreign
facilities.
``(ii) Subsequent years.--In each of the 5 years following
the 1-year period described in clause (i), the Secretary
shall inspect not fewer than twice the number of foreign
facilities inspected by the Secretary during the previous
year.
``(E) Reliance on federal, state, or local inspections.--In
meeting the inspection requirements under this subsection for
domestic facilities, the Secretary may rely on inspections
conducted by other Federal, State, or local agencies under
interagency agreements, contracts, memoranda of
understanding, or other obligations.
``(b) Identification and Inspection at Ports of Entry.--The
Secretary, in consultation with the Secretary of Homeland
Security, shall allocate resources to inspect any article of
food imported into the United States according to the known
safety risks of the article of food, which shall be based on
the following factors:
``(1) The known safety risks of the food imported.
``(2) The known safety risks of the countries or regions of
origin and countries through which such article of food is
transported.
``(3) The compliance history of the importer, including
with regard to food recalls, outbreaks of foodborne illness,
and violations of food safety standards.
``(4) The rigor and effectiveness of the activities
conducted by the importer of such article of food to satisfy
the requirements of the foreign supplier verification program
under section 805.
``(5) Whether the food importer participates in the
voluntary qualified importer program under section 806.
``(6) Whether the food meets the criteria for priority
under section 801(h)(1).
``(7) Whether the food or the facility that manufactured,
processed, packed, or held such food received a certification
as described in section 801(q) or 806.
``(8) Any other criteria deemed necessary and appropriate
by the Secretary for purposes of allocating inspection
resources.
``(c) Interagency Agreements With Respect to Seafood.--
``(1) In general.--The Secretary of Health and Human
Services, the Secretary of Commerce, the Secretary of
Homeland Security, the Chairman of the Federal Trade
Commission, and the heads of other appropriate agencies may
enter into such agreements as may be necessary or appropriate
to improve seafood safety.
``(2) Scope of agreements.--The agreements under paragraph
(1) may include--
``(A) cooperative arrangements for examining and testing
seafood imports that leverage the resources, capabilities,
and authorities of each party to the agreement;
``(B) coordination of inspections of foreign facilities to
increase the percentage of imported seafood and seafood
facilities inspected;
``(C) standardization of data on seafood names, inspection
records, and laboratory testing to improve interagency
coordination;
``(D) coordination to detect and investigate violations
under applicable Federal law;
``(E) a process, including the use or modification of
existing processes, by which officers and employees of the
National Oceanic and Atmospheric Administration may be duly
designated by the Secretary to carry out seafood examinations
and investigations under section 801 of this Act or section
203 of the Food Allergen Labeling and Consumer Protection Act
of 2004;
``(F) the sharing of information concerning observed
noncompliance with United States food requirements
domestically and in foreign nations and new regulatory
decisions and policies that may affect the safety of food
imported into the United States;
``(G) conducting joint training on subjects that affect and
strengthen seafood inspection effectiveness by Federal
authorities; and
``(H) outreach on Federal efforts to enhance seafood safety
and compliance with Federal food safety requirements.
``(d) Coordination.--The Secretary shall improve
coordination and cooperation with the Secretary of
Agriculture and the Secretary of Homeland Security to target
food inspection resources.
``(e) Facility.--For purposes of this section, the term
`facility' means a domestic facility or a foreign facility
that is required to register under section 415.''.
(b) Annual Report.--Section 1003 (21 U.S.C. 393) is amended
by adding at the end the following:
``(h) Annual Report Regarding Food.--Not later than
February 1 of each year, the Secretary shall submit to
Congress a report, including efforts to coordinate and
cooperate with other Federal agencies with responsibilities
for food inspections, regarding--
``(1) information about food facilities including--
``(A) the appropriations used to inspect facilities
registered pursuant to section 415 in the previous fiscal
year;
``(B) the average cost of both a non-high-risk food
facility inspection and a high-risk food facility inspection,
if such a difference exists, in the previous fiscal year;
``(C) the number of domestic facilities and the number of
foreign facilities registered pursuant to section 415 that
the Secretary inspected in the previous fiscal year;
``(D) the number of domestic facilities and the number of
foreign facilities registered pursuant to section 415 that
were scheduled for inspection in the previous fiscal year and
which the Secretary did not inspect in such year;
``(E) the number of high-risk facilities identified
pursuant to section 421 that the Secretary inspected in the
previous fiscal year; and
``(F) the number of high-risk facilities identified
pursuant to section 421 that were scheduled for inspection in
the previous fiscal year and which the Secretary did not
inspect in such year.
``(2) information about food imports including--
``(A) the number of lines of food imported into the United
States that the Secretary physically inspected or sampled in
the previous fiscal year;
``(B) the number of lines of food imported into the United
States that the Secretary did not physically inspect or
sample in the previous fiscal year; and
``(C) the average cost of physically inspecting or sampling
a line of food subject to this Act that is imported or
offered for import into the United States; and
``(3) information on the foreign offices of the Food and
Drug Administration including--
``(A) the number of foreign offices established; and
``(B) the number of personnel permanently stationed in each
foreign office.
``(i) Public Availability of Annual Food Reports.--The
Secretary shall make the reports required under subsection
(h) available to the public on the Internet Web site of the
Food and Drug Administration.''.
(c) Advisory Committee Consultation.--In allocating
inspection resources as described in section 421 of the
Federal Food, Drug, and Cosmetic Act (as added by subsection
(a)), the Secretary may, as appropriate, consult with any
relevant advisory committee within the Department of Health
and Human Services.

SEC. 6202. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.

(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6201, is amended by adding at the end the
following:

``SEC. 422. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.

``(a) Recognition of Laboratory Accreditation.--
``(1) In general.--Not later than 2 years after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall--
``(A) establish a program for the testing of food by
accredited laboratories;
``(B) establish a publicly available registry of
accreditation bodies recognized by the Secretary and
laboratories accredited by a recognized accreditation body,
including the name of, contact information for, and other
information deemed appropriate by the Secretary about such
bodies and laboratories; and
``(C) require, as a condition of recognition or
accreditation, as appropriate, that recognized accreditation
bodies and accredited laboratories report to the Secretary
any changes that would affect the recognition of such
accreditation body or the accreditation of such laboratory.
``(2) Program requirements.--The program established under
paragraph (1)(A) shall provide for the recognition of
laboratory accreditation bodies that meet criteria
established by the Secretary for accreditation of
laboratories, including independent private laboratories and
laboratories run and operated by a Federal agency (including
the Department of Commerce), State, or locality with a
demonstrated capability to conduct 1 or more sampling and
analytical testing methodologies for food.
``(3) Increasing the number of qualified laboratories.--The
Secretary shall work with the laboratory accreditation bodies
recognized under paragraph (1), as appropriate, to increase
the number of qualified laboratories that are eligible to
perform testing under subsection (b) beyond the number so
qualified on the date of enactment of the FDA Food Safety
Modernization Act.
``(4) Limited distribution.--In the interest of national
security, the Secretary, in coordination with the Secretary
of Homeland Security, may determine the time, manner, and
form in which the registry established under paragraph (1)(B)
is made publicly available.
``(5) Foreign laboratories.--Accreditation bodies
recognized by the Secretary under paragraph (1) may accredit
laboratories that operate outside the United States, so long
as such laboratories meet the accreditation standards
applicable to domestic laboratories accredited under this
section.
``(6) Model laboratory standards.--The Secretary shall
develop model standards that

[[Page 20093]]

a laboratory shall meet to be accredited by a recognized
accreditation body for a specified sampling or analytical
testing methodology and included in the registry provided for
under paragraph (1). In developing the model standards, the
Secretary shall consult existing standards for guidance. The
model standards shall include--
``(A) methods to ensure that--
``(i) appropriate sampling, analytical procedures
(including rapid analytical procedures), and commercially
available techniques are followed and reports of analyses are
certified as true and accurate;
``(ii) internal quality systems are established and
maintained;
``(iii) procedures exist to evaluate and respond promptly
to complaints regarding analyses and other activities for
which the laboratory is accredited; and
``(iv) individuals who conduct the sampling and analyses
are qualified by training and experience to do so; and
``(B) any other criteria determined appropriate by the
Secretary.
``(7) Review of recognition.--To ensure compliance with the
requirements of this section, the Secretary--
``(A) shall periodically, and in no case less than once
every 5 years, reevaluate accreditation bodies recognized
under paragraph (1) and may accompany auditors from an
accreditation body to assess whether the accreditation body
meets the criteria for recognition; and
``(B) shall promptly revoke the recognition of any
accreditation body found not to be in compliance with the
requirements of this section, specifying, as appropriate, any
terms and conditions necessary for laboratories accredited by
such body to continue to perform testing as described in this
section.
``(b) Testing Procedures.--
``(1) In general.--Not later than 30 months after the date
of enactment of the FDA Food Safety Modernization Act, food
testing shall be conducted by Federal laboratories or non-
Federal laboratories that have been accredited for the
appropriate sampling or analytical testing methodology or
methodologies by a recognized accreditation body on the
registry established by the Secretary under subsection
(a)(1)(B) whenever such testing is conducted--
``(A) by or on behalf of an owner or consignee--
``(i) in response to a specific testing requirement under
this Act or implementing regulations, when applied to address
an identified or suspected food safety problem; and
``(ii) as required by the Secretary, as the Secretary deems
appropriate, to address an identified or suspected food
safety problem; or
``(B) on behalf of an owner or consignee--
``(i) in support of admission of an article of food under
section 801(a); and
``(ii) under an Import Alert that requires successful
consecutive tests.
``(2) Results of testing.--The results of any such testing
shall be sent directly to the Food and Drug Administration,
except the Secretary may by regulation exempt test results
from such submission requirement if the Secretary determines
that such results do not contribute to the protection of
public health. Test results required to be submitted may be
submitted to the Food and Drug Administration through
electronic means.
``(3) Exception.--The Secretary may waive requirements
under this subsection if--
``(A) a new methodology or methodologies have been
developed and validated but a laboratory has not yet been
accredited to perform such methodology or methodologies; and
``(B) the use of such methodology or methodologies are
necessary to prevent, control, or mitigate a food emergency
or foodborne illness outbreak.
``(c) Review by Secretary.--If food sampling and testing
performed by a laboratory run and operated by a State or
locality that is accredited by a recognized accreditation
body on the registry established by the Secretary under
subsection (a) result in a State recalling a food, the
Secretary shall review the sampling and testing results for
the purpose of determining the need for a national recall or
other compliance and enforcement activities.
``(d) No Limit on Secretarial Authority.--Nothing in this
section shall be construed to limit the ability of the
Secretary to review and act upon information from food
testing, including determining the sufficiency of such
information and testing.''.
(b) Food Emergency Response Network.--The Secretary, in
coordination with the Secretary of Agriculture, the Secretary
of Homeland Security, and State, local, and tribal
governments shall, not later than 180 days after the date of
enactment of this Act, and biennially thereafter, submit to
the relevant committees of Congress, and make publicly
available on the Internet Web site of the Department of
Health and Human Services, a report on the progress in
implementing a national food emergency response laboratory
network that--
(1) provides ongoing surveillance, rapid detection, and
surge capacity for large-scale food-related emergencies,
including intentional adulteration of the food supply;
(2) coordinates the food laboratory capacities of State,
local, and tribal food laboratories, including the adoption
of novel surveillance and identification technologies and the
sharing of data among Federal agencies and State laboratories
to develop national situational awareness;
(3) provides accessible, timely, accurate, and consistent
food laboratory services throughout the United States;
(4) develops and implements a methods repository for use by
Federal, State, and local officials;
(5) responds to food-related emergencies; and
(6) is integrated with relevant laboratory networks
administered by other Federal agencies.

SEC. 6203. INTEGRATED CONSORTIUM OF LABORATORY NETWORKS.

(a) In General.--The Secretary of Homeland Security, in
coordination with the Secretary of Health and Human Services,
the Secretary of Agriculture, the Secretary of Commerce, and
the Administrator of the Environmental Protection Agency,
shall maintain an agreement through which relevant laboratory
network members, as determined by the Secretary of Homeland
Security, shall--
(1) agree on common laboratory methods in order to reduce
the time required to detect and respond to foodborne illness
outbreaks and facilitate the sharing of knowledge and
information relating to animal health, agriculture, and human
health;
(2) identify means by which laboratory network members
could work cooperatively--
(A) to optimize national laboratory preparedness; and
(B) to provide surge capacity during emergencies; and
(3) engage in ongoing dialogue and build relationships that
will support a more effective and integrated response during
emergencies.
(b) Reporting Requirement.--The Secretary of Homeland
Security shall, on a biennial basis, submit to the relevant
committees of Congress, and make publicly available on the
Internet Web site of the Department of Homeland Security, a
report on the progress of the integrated consortium of
laboratory networks, as established under subsection (a), in
carrying out this section.

SEC. 6204. ENHANCING TRACKING AND TRACING OF FOOD AND
RECORDKEEPING.

(a) Pilot Projects.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary''),
taking into account recommendations from the Secretary of
Agriculture and representatives of State departments of
health and agriculture, shall establish pilot projects in
coordination with the food industry to explore and evaluate
methods to rapidly and effectively identify recipients of
food to prevent or mitigate a foodborne illness outbreak and
to address credible threats of serious adverse health
consequences or death to humans or animals as a result of
such food being adulterated under section 402 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 342) or misbranded
under section 403(w) of such Act (21 U.S.C. 343(w)).
(2) Content.--The Secretary shall conduct 1 or more pilot
projects under paragraph (1) in coordination with the
processed food sector and 1 or more such pilot projects in
coordination with processors or distributors of fruits and
vegetables that are raw agricultural commodities. The
Secretary shall ensure that the pilot projects under
paragraph (1) reflect the diversity of the food supply and
include at least 3 different types of foods that have been
the subject of significant outbreaks during the 5-year period
preceding the date of enactment of this Act, and are selected
in order to--
(A) develop and demonstrate methods for rapid and effective
tracking and tracing of foods in a manner that is practicable
for facilities of varying sizes, including small businesses;
(B) develop and demonstrate appropriate technologies,
including technologies existing on the date of enactment of
this Act, that enhance the tracking and tracing of food; and
(C) inform the promulgation of regulations under subsection
(d).
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall report to Congress
on the findings of the pilot projects under this subsection
together with recommendations for improving the tracking and
tracing of food.
(b) Additional Data Gathering.--
(1) In general.--The Secretary, in coordination with the
Secretary of Agriculture and multiple representatives of
State departments of health and agriculture, shall assess--
(A) the costs and benefits associated with the adoption and
use of several product tracing technologies, including
technologies used in the pilot projects under subsection (a);
(B) the feasibility of such technologies for different
sectors of the food industry, including small businesses; and
(C) whether such technologies are compatible with the
requirements of this subsection.
(2) Requirements.--To the extent practicable, in carrying
out paragraph (1), the Secretary shall--

[[Page 20094]]

(A) evaluate domestic and international product tracing
practices in commercial use;
(B) consider international efforts, including an assessment
of whether product tracing requirements developed under this
section are compatible with global tracing systems, as
appropriate; and
(C) consult with a diverse and broad range of experts and
stakeholders, including representatives of the food industry,
agricultural producers, and nongovernmental organizations
that represent the interests of consumers.
(c) Product Tracing System.--The Secretary, in consultation
with the Secretary of Agriculture, shall, as appropriate,
establish within the Food and Drug Administration a product
tracing system to receive information that improves the
capacity of the Secretary to effectively and rapidly track
and trace food that is in the United States or offered for
import into the United States. Prior to the establishment of
such product tracing system, the Secretary shall examine the
results of applicable pilot projects and shall ensure that
the activities of such system are adequately supported by the
results of such pilot projects.
(d) Additional Recordkeeping Requirements for High-risk
Foods.--
(1) In general.--In order to rapidly and effectively
identify recipients of a food to prevent or mitigate a
foodborne illness outbreak and to address credible threats of
serious adverse health consequences or death to humans or
animals as a result of such food being adulterated under
section 402 of the Federal Food, Drug, and Cosmetic Act or
misbranded under section 403(w) of such Act, not later than 2
years after the date of enactment of this Act, the Secretary
shall publish a notice of proposed rulemaking to establish
recordkeeping requirements, in addition to the requirements
under section 414 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 350c) and subpart J of part 1 of title 21, Code of
Federal Regulations (or any successor regulations), for
facilities that manufacture, process, pack, or hold foods
that the Secretary designates under paragraph (2) as high-
risk foods. The Secretary shall set an appropriate effective
date of such additional requirements for foods designated as
high risk that takes into account the length of time
necessary to comply with such requirements. Such requirements
shall--
(A) relate only to information that is reasonably available
and appropriate;
(B) be science-based;
(C) not prescribe specific technologies for the maintenance
of records;
(D) ensure that the public health benefits of imposing
additional recordkeeping requirements outweigh the cost of
compliance with such requirements;
(E) be scale-appropriate and practicable for facilities of
varying sizes and capabilities with respect to costs and
recordkeeping burdens, and not require the creation and
maintenance of duplicate records where the information is
contained in other company records kept in the normal course
of business;
(F) minimize the number of different recordkeeping
requirements for facilities that handle more than 1 type of
food;
(G) to the extent practicable, not require a facility to
change business systems to comply with such requirements;
(H) allow any person subject to this subsection to maintain
records required under this subsection at a central or
reasonably accessible location provided that such records can
be made available to the Secretary not later than 24 hours
after the Secretary requests such records;
(I) include a process by which the Secretary may issue a
waiver of the requirements under this subsection if the
Secretary determines that such requirements would result in
an economic hardship for an individual facility or a type of
facility;
(J) be commensurate with the known safety risks of the
designated food;
(K) take into account international trade obligations;
(L) not require--
(i) a full pedigree, or a record of the complete previous
distribution history of the food from the point of origin of
such food;
(ii) records of recipients of a food beyond the immediate
subsequent recipient of such food; or
(iii) product tracking to the case level by persons subject
to such requirements; and
(M) include a process by which the Secretary may remove a
high-risk food designation developed under paragraph (2) for
a food or type of food.
(2) Designation of high-risk foods.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and thereafter as the Secretary
determines necessary, the Secretary shall designate high-risk
foods for which the additional recordkeeping requirements
described in paragraph (1) are appropriate and necessary to
protect the public health. Each such designation shall be
based on--
(i) the known safety risks of a particular food, including
the history and severity of foodborne illness outbreaks
attributed to such food, taking into consideration foodborne
illness data collected by the Centers for Disease Control and
Prevention;
(ii) the likelihood that a particular food has a high
potential risk for microbiological or chemical contamination
or would support the growth of pathogenic microorganisms due
to the nature of the food or the processes used to produce
such food;
(iii) the point in the manufacturing process of the food
where contamination is most likely to occur;
(iv) the likelihood of contamination and steps taken during
the manufacturing process to reduce the possibility of
contamination;
(v) the likelihood that consuming a particular food will
result in a foodborne illness due to contamination of the
food; and
(vi) the likely or known severity, including health and
economic impacts, of a foodborne illness attributed to a
particular food.
(B) List of high-risk foods.--At the time the Secretary
promulgates the final rules under paragraph (1), the
Secretary shall publish the list of the foods designated
under subparagraph (A) as high-risk foods on the Internet
website of the Food and Drug Administration. The Secretary
may update the list to designate new high-risk foods and to
remove foods that are no longer deemed to be high-risk foods,
provided that each such update to the list is consistent with
the requirements of this subsection and notice of such update
is published in the Federal Register.
(3) Protection of sensitive information.--In promulgating
regulations under this subsection, the Secretary shall take
appropriate measures to ensure that there are effective
procedures to prevent the unauthorized disclosure of any
trade secret or confidential information that is obtained by
the Secretary pursuant to this section, including periodic
risk assessment and planning to prevent unauthorized release
and controls to--
(A) prevent unauthorized reproduction of trade secret or
confidential information;
(B) prevent unauthorized access to trade secret or
confidential information; and
(C) maintain records with respect to access by any person
to trade secret or confidential information maintained by the
agency.
(4) Public input.--During the comment period in the notice
of proposed rulemaking under paragraph (1), the Secretary
shall conduct not less than 3 public meetings in diverse
geographical areas of the United States to provide persons in
different regions an opportunity to comment.
(5) Retention of records.--Except as otherwise provided in
this subsection, the Secretary may require that a facility
retain records under this subsection for not more than 2
years, taking into consideration the risk of spoilage, loss
of value, or loss of palatability of the applicable food when
determining the appropriate timeframes.
(6) Limitations.--
(A) Farm-to-school programs.--In establishing requirements
under this subsection, the Secretary shall, in consultation
with the Secretary of Agriculture, consider the impact of
requirements on farm-to-school or farm-to-institution
programs of the Department of Agriculture and other farm-to-
school and farm-to-institution programs outside such agency,
and shall modify the requirements under this subsection, as
appropriate, with respect to such programs so that the
requirements do not place undue burdens on farm-to-school or
farm-to-institution programs.
(B) Identity-preserved labels with respect to farm sales of
food that is produced and packaged on a farm.--The
requirements under this subsection shall not apply to a food
that is produced and packaged on a farm if--
(i) the packaging of the food maintains the integrity of
the product and prevents subsequent contamination or
alteration of the product; and
(ii) the labeling of the food includes the name, complete
address (street address, town, State, country, and zip or
other postal code), and business phone number of the farm,
unless the Secretary waives the requirement to include a
business phone number of the farm, as appropriate, in order
to accommodate a religious belief of the individual in charge
of such farm.
(C) Fishing vessels.--The requirements under this
subsection with respect to a food that is produced through
the use of a fishing vessel (as defined in section 3(18) of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802(18))) shall be limited to the requirements
under subparagraph (F) until such time as the food is sold by
the owner, operator, or agent in charge of such fishing
vessel.
(D) Commingled raw agricultural commodities.--
(i) Limitation on extent of tracing.--Recordkeeping
requirements under this subsection with regard to any
commingled raw agricultural commodity shall be limited to the
requirements under subparagraph (F).
(ii) Definitions.--For the purposes of this subparagraph--

(I) the term ``commingled raw agricultural commodity''
means any commodity that is combined or mixed after
harvesting, but before processing;
(II) the term ``commingled raw agricultural commodity''
shall not include types of fruits and vegetables that are raw
agricultural commodities for which the Secretary has
determined that standards promulgated

[[Page 20095]]

under section 419 of the Federal Food, Drug, and Cosmetic Act
(as added by section 6105) would minimize the risk of serious
adverse health consequences or death; and
(III) the term ``processing'' means operations that alter
the general state of the commodity, such as canning, cooking,
freezing, dehydration, milling, grinding, pasteurization, or
homogenization.

(E) Exemption of other foods.--The Secretary may, by notice
in the Federal Register, modify the requirements under this
subsection with respect to, or exempt a food or a type of
facility from, the requirements of this subsection (other
than the requirements under subparagraph (F), if applicable)
if the Secretary determines that product tracing requirements
for such food (such as bulk or commingled ingredients that
are intended to be processed to destroy pathogens) or type of
facility is not necessary to protect the public health.
(F) Recordkeeping regarding previous sources and subsequent
recipients.--In the case of a person or food to which a
limitation or exemption under subparagraph (C), (D), or (E)
applies, if such person, or a person who manufactures,
processes, packs, or holds such food, is required to register
with the Secretary under section 415 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350d) with respect to the
manufacturing, processing, packing, or holding of the
applicable food, the Secretary shall require such person to
maintain records that identify the immediate previous source
of such food and the immediate subsequent recipient of such
food.
(G) Grocery stores.--With respect to a sale of a food
described in subparagraph (H) to a grocery store, the
Secretary shall not require such grocery store to maintain
records under this subsection other than records documenting
the farm that was the source of such food. The Secretary
shall not require that such records be kept for more than 180
days.
(H) Farm sales to consumers.--The Secretary shall not
require a farm to maintain any distribution records under
this subsection with respect to a sale of a food described in
subparagraph (I) (including a sale of a food that is produced
and packaged on such farm), if such sale is made by the farm
directly to a consumer.
(I) Sale of a food.--A sale of a food described in this
subparagraph is a sale of a food in which--
(i) the food is produced on a farm; and
(ii) the sale is made by the owner, operator, or agent in
charge of such farm directly to a consumer or grocery store.
(7) No impact on non-high-risk foods.--The recordkeeping
requirements established under paragraph (1) shall have no
effect on foods that are not designated by the Secretary
under paragraph (2) as high-risk foods. Foods described in
the preceding sentence shall be subject solely to the
recordkeeping requirements under section 414 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350c) and subpart J
of part 1 of title 21, Code of Federal Regulations (or any
successor regulations).
(e) Evaluation and Recommendations.--
(1) Report.--Not later than 1 year after the effective date
of the final rule promulgated under subsection (d)(1), the
Comptroller General of the United States shall submit to
Congress a report, taking into consideration the costs of
compliance and other regulatory burdens on small businesses
and Federal, State, and local food safety practices and
requirements, that evaluates the public health benefits and
risks, if any, of limiting--
(A) the product tracing requirements under subsection (d)
to foods identified under paragraph (2) of such subsection,
including whether such requirements provide adequate
assurance of traceability in the event of intentional
adulteration, including by acts of terrorism; and
(B) the participation of restaurants in the recordkeeping
requirements.
(2) Determination and recommendations.--In conducting the
evaluation and report under paragraph (1), if the Comptroller
General of the United States determines that the limitations
described in such paragraph do not adequately protect the
public health, the Comptroller General shall submit to
Congress recommendations, if appropriate, regarding
recordkeeping requirements for restaurants and additional
foods, in order to protect the public health.
(f) Farms.--
(1) Request for information.--Notwithstanding subsection
(d), during an active investigation of a foodborne illness
outbreak, or if the Secretary determines it is necessary to
protect the public health and prevent or mitigate a foodborne
illness outbreak, the Secretary, in consultation and
coordination with State and local agencies responsible for
food safety, as appropriate, may request that the owner,
operator, or agent of a farm identify potential immediate
recipients, other than consumers, of an article of the food
that is the subject of such investigation if the Secretary
reasonably believes such article of food--
(A) is adulterated under section 402 of the Federal Food,
Drug, and Cosmetic Act;
(B) presents a threat of serious adverse health
consequences or death to humans or animals; and
(C) was adulterated as described in subparagraph (A) on a
particular farm (as defined in section 1.227 of chapter 21,
Code of Federal Regulations (or any successor regulation)).
(2) Manner of request.--In making a request under paragraph
(1), the Secretary, in consultation and coordination with
State and local agencies responsible for food safety, as
appropriate, shall issue a written notice to the owner,
operator, or agent of the farm to which the article of food
has been traced. The individual providing such notice shall
present to such owner, operator, or agent appropriate
credentials and shall deliver such notice at reasonable times
and within reasonable limits and in a reasonable manner.
(3) Delivery of information requested.--The owner,
operator, or agent of a farm shall deliver the information
requested under paragraph (1) in a prompt and reasonable
manner. Such information may consist of records kept in the
normal course of business, and may be in electronic or
nonelectronic format.
(4) Limitation.--A request made under paragraph (1) shall
not include a request for information relating to the
finances, pricing of commodities produced, personnel,
research, sales (other than information relating to
shipping), or other disclosures that may reveal trade secrets
or confidential information from the farm to which the
article of food has been traced, other than information
necessary to identify potential immediate recipients of such
food. Section 301(j) of the Federal Food, Drug, and Cosmetic
Act and the Freedom of Information Act shall apply with
respect to any confidential commercial information that is
disclosed to the Food and Drug Administration in the course
of responding to a request under paragraph (1).
(5) Records.--Except with respect to identifying potential
immediate recipients in response to a request under this
subsection, nothing in this subsection shall require the
establishment or maintenance by farms of new records.
(g) No Limitation on Commingling of Food.--Nothing in this
section shall be construed to authorize the Secretary to
impose any limitation on the commingling of food.
(h) Small Entity Compliance Guide.--Not later than 180 days
after promulgation of a final rule under subsection (d), the
Secretary shall issue a small entity compliance guide setting
forth in plain language the requirements of the regulations
under such subsection in order to assist small entities,
including farms and small businesses, in complying with the
recordkeeping requirements under such subsection.
(i) Flexibility for Small Businesses.--Notwithstanding any
other provision of law, the regulations promulgated under
subsection (d) shall apply--
(1) to small businesses (as defined by the Secretary in
section 6103, not later than 90 days after the date of
enactment of this Act) beginning on the date that is 1 year
after the effective date of the final regulations promulgated
under subsection (d); and
(2) to very small businesses (as defined by the Secretary
in section 6103, not later than 90 days after the date of
enactment of this Act) beginning on the date that is 2 years
after the effective date of the final regulations promulgated
under subsection (d).
(j) Enforcement.--
(1) Prohibited acts.--Section 301(e) (21 U.S.C. 331(e)) is
amended by inserting ``; or the violation of any
recordkeeping requirement under section 6204 of the FDA Food
Safety Modernization Act (except when such violation is
committed by a farm)'' before the period at the end.
(2) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended
by inserting ``or (4) the recordkeeping requirements under
section 6204 of the FDA Food Safety Modernization Act (other
than the requirements under subsection (f) of such section)
have not been complied with regarding such article,'' in the
third sentence before ``then such article shall be refused
admission''.

SEC. 6205. SURVEILLANCE.

(a) Definition of Foodborne Illness Outbreak.--In this Act,
the term ``foodborne illness outbreak'' means the occurrence
of 2 or more cases of a similar illness resulting from the
ingestion of a certain food.
(b) Foodborne Illness Surveillance Systems.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
enhance foodborne illness surveillance systems to improve the
collection, analysis, reporting, and usefulness of data on
foodborne illnesses by--
(A) coordinating Federal, State, and local foodborne
illness surveillance systems, including complaint systems,
and increasing participation in national networks of public
health and food regulatory agencies and laboratories;
(B) facilitating sharing of surveillance information on a
more timely basis among governmental agencies, including the
Food and Drug Administration, the Department of Agriculture,
the Department of Homeland Security, and State and local
agencies, and with the public;
(C) developing improved epidemiological tools for obtaining
quality exposure data and

[[Page 20096]]

microbiological methods for classifying cases;
(D) augmenting such systems to improve attribution of a
foodborne illness outbreak to a specific food;
(E) expanding capacity of such systems, including working
toward automatic electronic searches, for implementation of
identification practices, including fingerprinting
strategies, for foodborne infectious agents, in order to
identify new or rarely documented causes of foodborne illness
and submit standardized information to a centralized
database;
(F) allowing timely public access to aggregated, de-
identified surveillance data;
(G) at least annually, publishing current reports on
findings from such systems;
(H) establishing a flexible mechanism for rapidly
initiating scientific research by academic institutions;
(I) integrating foodborne illness surveillance systems and
data with other biosurveillance and public health situational
awareness capabilities at the Federal, State, and local
levels, including by sharing foodborne illness surveillance
data with the National Biosurveillance Integration Center;
and
(J) other activities as determined appropriate by the
Secretary.
(2) Working group.--The Secretary shall support and
maintain a diverse working group of experts and stakeholders
from Federal, State, and local food safety and health
agencies, the food and food testing industries, consumer
organizations, and academia. Such working group shall provide
the Secretary, through at least annual meetings of the
working group and an annual public report, advice and
recommendations on an ongoing and regular basis regarding the
improvement of foodborne illness surveillance and
implementation of this section, including advice and
recommendations on--
(A) the priority needs of regulatory agencies, the food
industry, and consumers for information and analysis on
foodborne illness and its causes;
(B) opportunities to improve the effectiveness of
initiatives at the Federal, State, and local levels,
including coordination and integration of activities among
Federal agencies, and among the Federal, State, and local
levels of government;
(C) improvement in the timeliness and depth of access by
regulatory and health agencies, the food industry, academic
researchers, and consumers to foodborne illness aggregated,
de-identified surveillance data collected by government
agencies at all levels, including data compiled by the
Centers for Disease Control and Prevention;
(D) key barriers at Federal, State, and local levels to
improving foodborne illness surveillance and the utility of
such surveillance for preventing foodborne illness;
(E) the capabilities needed for establishing automatic
electronic searches of surveillance data; and
(F) specific actions to reduce barriers to improvement,
implement the working group's recommendations, and achieve
the purposes of this section, with measurable objectives and
timelines, and identification of resource and staffing needs.
(3) Authorization of appropriations.--To carry out the
activities described in paragraph (1), there is authorized to
be appropriated $24,000,000 for each fiscal years 2011
through 2015.
(c) Improving Food Safety and Defense Capacity at the State
and Local Level.--
(1) In general.--The Secretary shall develop and implement
strategies to leverage and enhance the food safety and
defense capacities of State and local agencies in order to
achieve the following goals:
(A) Improve foodborne illness outbreak response and
containment.
(B) Accelerate foodborne illness surveillance and outbreak
investigation, including rapid shipment of clinical isolates
from clinical laboratories to appropriate State laboratories,
and conducting more standardized illness outbreak interviews.
(C) Strengthen the capacity of State and local agencies to
carry out inspections and enforce safety standards.
(D) Improve the effectiveness of Federal, State, and local
partnerships to coordinate food safety and defense resources
and reduce the incidence of foodborne illness.
(E) Share information on a timely basis among public health
and food regulatory agencies, with the food industry, with
health care providers, and with the public.
(F) Strengthen the capacity of State and local agencies to
achieve the goals described in section 6108.
(2) Review.--In developing of the strategies required by
paragraph (1), the Secretary shall, not later than 1 year
after the date of enactment of the FDA Food Safety
Modernization Act, complete a review of State and local
capacities, and needs for enhancement, which may include a
survey with respect to--
(A) staffing levels and expertise available to perform food
safety and defense functions;
(B) laboratory capacity to support surveillance, outbreak
response, inspection, and enforcement activities;
(C) information systems to support data management and
sharing of food safety and defense information among State
and local agencies and with counterparts at the Federal
level; and
(D) other State and local activities and needs as
determined appropriate by the Secretary.
(d) Food Safety Capacity Building Grants.--Section 317R(b)
of the Public Health Service Act (42 U.S.C. 247b-20(b)) is
amended--
(1) by striking ``2002'' and inserting ``2010''; and
(2) by striking ``2003 through 2006'' and inserting ``2011
through 2015''.

SEC. 6206. MANDATORY RECALL AUTHORITY.

(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6202, is amended by adding at the end the
following:

``SEC. 423. MANDATORY RECALL AUTHORITY.

``(a) Voluntary Procedures.--If the Secretary determines,
based on information gathered through the reportable food
registry under section 417 or through any other means, that
there is a reasonable probability that an article of food
(other than infant formula) is adulterated under section 402
or misbranded under section 403(w) and the use of or exposure
to such article will cause serious adverse health
consequences or death to humans or animals, the Secretary
shall provide the responsible party (as defined in section
417) with an opportunity to cease distribution and recall
such article.
``(b) Prehearing Order To Cease Distribution and Give
Notice.--
``(1) In general.--If the responsible party refuses to or
does not voluntarily cease distribution or recall such
article within the time and in the manner prescribed by the
Secretary (if so prescribed), the Secretary may, by order
require, as the Secretary deems necessary, such person to--
``(A) immediately cease distribution of such article; and
``(B) as applicable, immediately notify all persons--
``(i) manufacturing, processing, packing, transporting,
distributing, receiving, holding, or importing and selling
such article; and
``(ii) to which such article has been distributed,
transported, or sold, to immediately cease distribution of
such article.
``(2) Required additional information.--
``(A) In general.--If an article of food covered by a
recall order issued under paragraph (1)(B) has been
distributed to a warehouse-based third-party logistics
provider without providing such provider sufficient
information to know or reasonably determine the precise
identity of the article of food covered by a recall order
that is in its possession, the notice provided by the
responsible party subject to the order issued under paragraph
(1)(B) shall include such information as is necessary for the
warehouse-based third-party logistics provider to identify
the food.
``(B) Rules of construction.--Nothing in this paragraph
shall be construed--
``(i) to exempt a warehouse-based third-party logistics
provider from the requirements of this Act, including the
requirements in this section and section 414; or
``(ii) to exempt a warehouse-based third party logistics
provider from being the subject of a mandatory recall order.
``(3) Determination to limit areas affected.--If the
Secretary requires a responsible party to cease distribution
under paragraph (1)(A) of an article of food identified in
subsection (a), the Secretary may limit the size of the
geographic area and the markets affected by such cessation if
such limitation would not compromise the public health.
``(c) Hearing on Order.--The Secretary shall provide the
responsible party subject to an order under subsection (b)
with an opportunity for an informal hearing, to be held as
soon as possible, but not later than 2 days after the
issuance of the order, on the actions required by the order
and on why the article that is the subject of the order
should not be recalled.
``(d) Post-hearing Recall Order and Modification of
Order.--
``(1) Amendment of order.--If, after providing opportunity
for an informal hearing under subsection (c), the Secretary
determines that removal of the article from commerce is
necessary, the Secretary shall, as appropriate--
``(A) amend the order to require recall of such article or
other appropriate action;
``(B) specify a timetable in which the recall shall occur;
``(C) require periodic reports to the Secretary describing
the progress of the recall; and
``(D) provide notice to consumers to whom such article was,
or may have been, distributed.
``(2) Vacating of order.--If, after such hearing, the
Secretary determines that adequate grounds do not exist to
continue the actions required by the order, or that such
actions should be modified, the Secretary shall vacate the
order or modify the order.
``(e) Rule Regarding Alcoholic Beverages.--The Secretary
shall not initiate a mandatory recall or take any other
action under this section with respect to any alcohol
beverage until the Secretary has provided the Alcohol and
Tobacco Tax and Trade Bureau with a reasonable opportunity to
cease distribution and recall such article under the Alcohol
and Tobacco Tax and Trade Bureau authority.
``(f) Cooperation and Consultation.--The Secretary shall
work with State and local

[[Page 20097]]

public health officials in carrying out this section, as
appropriate.
``(g) Public Notification.--In conducting a recall under
this section, the Secretary shall--
``(1) ensure that a press release is published regarding
the recall, as well as alerts and public notices, as
appropriate, in order to provide notification--
``(A) of the recall to consumers and retailers to whom such
article was, or may have been, distributed; and
``(B) that includes, at a minimum--
``(i) the name of the article of food subject to the
recall;
``(ii) a description of the risk associated with such
article; and
``(iii) to the extent practicable, information for
consumers about similar articles of food that are not
affected by the recall;
``(2) consult the policies of the Department of Agriculture
regarding providing to the public a list of retail consignees
receiving products involved in a Class I recall and shall
consider providing such a list to the public, as determined
appropriate by the Secretary; and
``(3) if available, publish on the Internet Web site of the
Food and Drug Administration an image of the article that is
the subject of the press release described in paragraph (1).
``(h) No Delegation.--The authority conferred by this
section to order a recall or vacate a recall order shall not
be delegated to any officer or employee other than the
Commissioner.
``(i) Effect.--Nothing in this section shall affect the
authority of the Secretary to request or participate in a
voluntary recall, or to issue an order to cease distribution
or to recall under any other provision of this Act or under
the Public Health Service Act.
``(j) Coordinated Communication.--
``(1) In general.--To assist in carrying out the
requirements of this subsection, the Secretary shall
establish an incident command operation or a similar
operation within the Department of Health and Human Services
that will operate not later than 24 hours after the
initiation of a mandatory recall or the recall of an article
of food for which the use of, or exposure to, such article
will cause serious adverse health consequences or death to
humans or animals.
``(2) Requirements.--To reduce the potential for
miscommunication during recalls or regarding investigations
of a foodborne illness outbreak associated with a food that
is subject to a recall, each incident command operation or
similar operation under paragraph (1) shall use regular staff
and resources of the Department of Health and Human Services
to--
``(A) ensure timely and coordinated communication within
the Department, including enhanced communication and
coordination between different agencies and organizations
within the Department;
``(B) ensure timely and coordinated communication from the
Department, including public statements, throughout the
duration of the investigation and related foodborne illness
outbreak;
``(C) identify a single point of contact within the
Department for public inquiries regarding any actions by the
Secretary related to a recall;
``(D) coordinate with Federal, State, local, and tribal
authorities, as appropriate, that have responsibilities
related to the recall of a food or a foodborne illness
outbreak associated with a food that is subject to the
recall, including notification of the Secretary of
Agriculture and the Secretary of Education in the event such
recalled food is a commodity intended for use in a child
nutrition program (as identified in section 25(b) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769f(b)); and
``(E) conclude operations at such time as the Secretary
determines appropriate.
``(3) Multiple recalls.--The Secretary may establish
multiple or concurrent incident command operations or similar
operations in the event of multiple recalls or foodborne
illness outbreaks necessitating such action by the Department
of Health and Human Services.''.
(b) Search Engine.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall modify the
Internet Web site of the Food and Drug Administration to
include a search engine that--
(1) is consumer-friendly, as determined by the Secretary;
and
(2) provides a means by which an individual may locate
relevant information regarding each article of food subject
to a recall under section 423 of the Federal Food, Drug, and
Cosmetic Act and the status of such recall (such as whether a
recall is ongoing or has been completed).
(c) Civil Penalty.--Section 303(f)(2)(A) (21 U.S.C.
333(f)(2)(A)) is amended by inserting ``or any person who
does not comply with a recall order under section 423'' after
``section 402(a)(2)(B)''.
(d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.),
as amended by section 6106, is amended by adding at the end
the following:
``(xx) The refusal or failure to follow an order under
section 423.''.
(e) GAO Review.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(A) identifies State and local agencies with the authority
to require the mandatory recall of food, and evaluates use of
such authority with regard to frequency, effectiveness, and
appropriateness, including consideration of any new or
existing mechanisms available to compensate persons for
general and specific recall-related costs when a recall is
subsequently determined by the relevant authority to have
been an error;
(B) identifies Federal agencies, other than the Department
of Health and Human Services, with mandatory recall authority
and examines use of that authority with regard to frequency,
effectiveness, and appropriateness, including any new or
existing mechanisms available to compensate persons for
general and specific recall-related costs when a recall is
subsequently determined by the relevant agency to have been
an error;
(C) considers models for farmer restitution implemented in
other nations in cases of erroneous recalls; and
(D) makes recommendations to the Secretary regarding use of
the authority under section 423 of the Federal Food, Drug,
and Cosmetic Act (as added by this section) to protect the
public health while seeking to minimize unnecessary economic
costs.
(2) Effect of review.--If the Comptroller General of the
United States finds, after the review conducted under
paragraph (1), that the mechanisms described in such
paragraph do not exist or are inadequate, then, not later
than 90 days after the conclusion of such review, the
Secretary of Agriculture shall conduct a study of the
feasibility of implementing a farmer indemnification program
to provide restitution to agricultural producers for losses
sustained as a result of a mandatory recall of an
agricultural commodity by a Federal or State regulatory
agency that is subsequently determined to be in error. The
Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study, including any
recommendations.
(f) Annual Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act and annually thereafter, the Secretary
of Health and Human Services (referred to in this subsection
as the ``Secretary'') shall submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of
Representatives on the use of recall authority under section
423 of the Federal Food, Drug, and Cosmetic Act (as added by
subsection (a)) and any public health advisories issued by
the Secretary that advise against the consumption of an
article of food on the ground that the article of food is
adulterated and poses an imminent danger to health.
(2) Content.--The report under paragraph (1) shall include,
with respect to the report year--
(A) the identity of each article of food that was the
subject of a public health advisory described in paragraph
(1), an opportunity to cease distribution and recall under
subsection (a) of section 423 of the Federal Food, Drug, and
Cosmetic Act, or a mandatory recall order under subsection
(b) of such section;
(B) the number of responsible parties, as defined in
section 417 of the Federal Food, Drug, and Cosmetic Act,
formally given the opportunity to cease distribution of an
article of food and recall such article, as described in
section 423(a) of such Act;
(C) the number of responsible parties described in
subparagraph (B) who did not cease distribution of or recall
an article of food after given the opportunity to cease
distribution or recall under section 423(a) of the Federal
Food, Drug, and Cosmetic Act;
(D) the number of recall orders issued under section 423(b)
of the Federal Food, Drug, and Cosmetic Act; and
(E) a description of any instances in which there was no
testing that confirmed adulteration of an article of food
that was the subject of a recall under section 423(b) of the
Federal Food, Drug, and Cosmetic Act or a public health
advisory described in paragraph (1).

SEC. 6207. ADMINISTRATIVE DETENTION OF FOOD.

(a) In General.--Section 304(h)(1)(A) (21 U.S.C.
334(h)(1)(A)) is amended by--
(1) striking ``credible evidence or information
indicating'' and inserting ``reason to believe''; and
(2) striking ``presents a threat of serious adverse health
consequences or death to humans or animals'' and inserting
``is adulterated or misbranded''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue an interim
final rule amending subpart K of part 1 of title 21, Code of
Federal Regulations, to implement the amendment made by this
section.
(c) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of enactment of
this Act.

[[Page 20098]]

SEC. 6208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS.

(a) In General.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in coordination with the Secretary of
Health and Human Services, Secretary of Homeland Security,
and Secretary of Agriculture, shall provide support for, and
technical assistance to, State, local, and tribal governments
in preparing for, assessing, decontaminating, and recovering
from an agriculture or food emergency.
(b) Development of Standards.--In carrying out subsection
(a), the Administrator, in coordination with the Secretary of
Health and Human Services, Secretary of Homeland Security,
Secretary of Agriculture, and State, local, and tribal
governments, shall develop and disseminate specific standards
and protocols to undertake clean-up, clearance, and recovery
activities following the decontamination and disposal of
specific threat agents and foreign animal diseases.
(c) Development of Model Plans.--In carrying out subsection
(a), the Administrator, the Secretary of Health and Human
Services, and the Secretary of Agriculture shall jointly
develop and disseminate model plans for--
(1) the decontamination of individuals, equipment, and
facilities following an intentional contamination of
agriculture or food; and
(2) the disposal of large quantities of animals, plants, or
food products that have been infected or contaminated by
specific threat agents and foreign animal diseases.
(d) Exercises.--In carrying out subsection (a), the
Administrator, in coordination with the entities described
under subsection (b), shall conduct exercises at least
annually to evaluate and identify weaknesses in the
decontamination and disposal model plans described in
subsection (c). Such exercises shall be carried out, to the
maximum extent practicable, as part of the national exercise
program under section 648(b)(1) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(1)).
(e) Modifications.--Based on the exercises described in
subsection (d), the Administrator, in coordination with the
entities described in subsection (b), shall review and modify
as necessary the plans described in subsection (c) not less
frequently than biennially.
(f) Prioritization.--The Administrator, in coordination
with the entities described in subsection (b), shall develop
standards and plans under subsections (b) and (c) in an
identified order of priority that takes into account--
(1) highest risk biological, chemical, and radiological
threat agents;
(2) agents that could cause the greatest economic
devastation to the agriculture and food system; and
(3) agents that are most difficult to clean or remediate.

SEC. 6209. IMPROVING THE TRAINING OF STATE, LOCAL,
TERRITORIAL, AND TRIBAL FOOD SAFETY OFFICIALS.

(a) Improving Training.--Chapter X (21 U.S.C. 391 et seq.)
is amended by adding at the end the following:

``SEC. 1012. IMPROVING THE TRAINING OF STATE, LOCAL,
TERRITORIAL, AND TRIBAL FOOD SAFETY OFFICIALS.

``(a) Training.--The Secretary shall set standards and
administer training and education programs for the employees
of State, local, territorial, and tribal food safety
officials relating to the regulatory responsibilities and
policies established by this Act, including programs for--
``(1) scientific training;
``(2) training to improve the skill of officers and
employees authorized to conduct inspections under sections
702 and 704;
``(3) training to achieve advanced product or process
specialization in such inspections;
``(4) training that addresses best practices;
``(5) training in administrative process and procedure and
integrity issues;
``(6) training in appropriate sampling and laboratory
analysis methodology; and
``(7) training in building enforcement actions following
inspections, examinations, testing, and investigations.
``(b) Partnerships With State and Local Officials.--
``(1) In general.--The Secretary, pursuant to a contract or
memorandum of understanding between the Secretary and the
head of a State, local, territorial, or tribal department or
agency, is authorized and encouraged to conduct examinations,
testing, and investigations for the purposes of determining
compliance with the food safety provisions of this Act
through the officers and employees of such State, local,
territorial, or tribal department or agency.
``(2) Content.--A contract or memorandum described under
paragraph (1) shall include provisions to ensure adequate
training of such officers and employees to conduct such
examinations, testing, and investigations. The contract or
memorandum shall contain provisions regarding reimbursement.
Such provisions may, at the sole discretion of the head of
the other department or agency, require reimbursement, in
whole or in part, from the Secretary for the examinations,
testing, or investigations performed pursuant to this section
by the officers or employees of the State, territorial, or
tribal department or agency.
``(3) Effect.--Nothing in this subsection shall be
construed to limit the authority of the Secretary under
section 702.
``(c) Extension Service.--The Secretary shall ensure
coordination with the extension activities of the National
Institute of Food and Agriculture of the Department of
Agriculture in advising producers and small processors
transitioning into new practices required as a result of the
enactment of the FDA Food Safety Modernization Act and
assisting regulated industry with compliance with such Act.
``(d) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--
``(1) In general.--In order to improve food safety and
reduce the incidence of foodborne illness, the Secretary
shall, not later than 180 days after the date of enactment of
the FDA Food Safety Modernization Act, enter into one or more
memoranda of understanding, or enter into other cooperative
agreements, with the Secretary of Agriculture to establish a
competitive grant program within the National Institute for
Food and Agriculture to provide food safety training,
education, extension, outreach, and technical assistance to--
``(A) owners and operators of farms;
``(B) small food processors; and
``(C) small fruit and vegetable merchant wholesalers.
``(2) Implementation.--The competitive grant program
established under paragraph (1) shall be carried out in
accordance with section 405 of the Agricultural Research,
Extension, and Education Reform Act of 1998.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section for fiscal years 2011 through
2015.''.
(b) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--Title IV of the
Agricultural Research, Extension, and Education Reform Act of
1998 is amended by inserting after section 404 (7 U.S.C.
7624) the following:

``SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION,
EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE
PROGRAM.

``(a) In General.--The Secretary shall award grants under
this section to carry out the competitive grant program
established under section 1012(d) of the Federal Food, Drug,
and Cosmetic Act, pursuant to any memoranda of understanding
entered into under such section.
``(b) Integrated Approach.--The grant program described
under subsection (a) shall be carried out under this section
in a manner that facilitates the integration of food safety
standards and guidance with the variety of agricultural
production systems, encompassing conventional, sustainable,
organic, conservation, and environmental practices.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to projects that target small-
and medium-sized farms, beginning farmers, socially
disadvantaged farmers, small processors, or small fresh fruit
and vegetable merchant wholesalers.
``(d) Program Coordination.--
``(1) In general.--The Secretary shall coordinate
implementation of the grant program under this section with
the National Integrated Food Safety Initiative.
``(2) Interaction.--The Secretary shall--
``(A) in carrying out the grant program under this section,
take into consideration applied research, education, and
extension results obtained from the National Integrated Food
Safety Initiative; and
``(B) in determining the applied research agenda for the
National Integrated Food Safety Initiative, take into
consideration the needs articulated by participants in
projects funded by the program under this section.
``(e) Grants.--
``(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support training,
education, extension, outreach, and technical assistance
projects that will help improve public health by increasing
the understanding and adoption of established food safety
standards, guidance, and protocols.
``(2) Encouraged features.--The Secretary shall encourage
projects carried out using grant funds under this section to
include co-management of food safety, conservation systems,
and ecological health.
``(3) Maximum term and size of grant.--
``(A) In general.--A grant under this section shall have a
term that is not more than 3 years.
``(B) Limitation on grant funding.--The Secretary may not
provide grant funding to an entity under this section after
such entity has received 3 years of grant funding under this
section.
``(f) Grant Eligibility.--
``(1) In general.--To be eligible for a grant under this
section, an entity shall be--
``(A) a State cooperative extension service;
``(B) a Federal, State, local, or tribal agency, a
nonprofit community-based or nongovernmental organization, or
an organization representing owners and operators of farms,
small food processors, or small fruit and vegetable merchant
wholesalers that has a commitment to public health and
expertise in administering programs that contribute to food
safety;

[[Page 20099]]

``(C) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) or a foundation maintained by an institution of
higher education;
``(D) a collaboration of 2 or more eligible entities
described in this subsection; or
``(E) such other appropriate entity, as determined by the
Secretary.
``(2) Multistate partnerships.--Grants under this section
may be made for projects involving more than 1 State.
``(g) Regional Balance.--In making grants under this
section, the Secretary shall, to the maximum extent
practicable, ensure--
``(1) geographic diversity; and
``(2) diversity of types of agricultural production.
``(h) Technical Assistance.--The Secretary may use funds
made available under this section to provide technical
assistance to grant recipients to further the purposes of
this section.
``(i) Best Practices and Model Programs.--Based on
evaluations of, and responses arising from, projects funded
under this section, the Secretary may issue a set of
recommended best practices and models for food safety
training programs for agricultural producers, small food
processors, and small fresh fruit and vegetable merchant
wholesalers.
``(j) Authorization of Appropriations.--For the purposes of
making grants under this section, there are authorized to be
appropriated such sums as may be necessary for fiscal years
2011 through 2015.''.

SEC. 6210. ENHANCING FOOD SAFETY.

(a) Grants To Enhance Food Safety.--Section 1009 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is
amended to read as follows:

``SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY.

``(a) In General.--The Secretary is authorized to make
grants to eligible entities to--
``(1) undertake examinations, inspections, investigations,
and related food safety activities under section 702;
``(2) train to the standards of the Secretary for the
examination, inspection, and investigation of food
manufacturing, processing, packing, holding, distribution,
and importation, including as such examination, inspection,
and investigation relate to retail food establishments;
``(3) build the food safety capacity of the laboratories of
such eligible entity, including the detection of zoonotic
diseases;
``(4) build the infrastructure and capacity of the food
safety programs of such eligible entity to meet the standards
as outlined in the grant application; and
``(5) take appropriate action to protect the public health
in response to--
``(A) a notification under section 1008, including planning
and otherwise preparing to take such action; or
``(B) a recall of food under this Act.
``(b) Eligible Entities; Application.--
``(1) In general.--In this section, the term `eligible
entity' means an entity--
``(A) that is--
``(i) a State;
``(ii) a locality;
``(iii) a territory;
``(iv) an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act); or
``(v) a nonprofit food safety training entity that
collaborates with 1 or more institutions of higher education;
and
``(B) that submits an application to the Secretary at such
time, in such manner, and including such information as the
Secretary may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) an assurance that the eligible entity has developed
plans to engage in the types of activities described in
subsection (a);
``(B) a description of the types of activities to be funded
by the grant;
``(C) an itemization of how grant funds received under this
section will be expended;
``(D) a description of how grant activities will be
monitored; and
``(E) an agreement by the eligible entity to report
information required by the Secretary to conduct evaluations
under this section.
``(c) Limitations.--The funds provided under subsection (a)
shall be available to an eligible entity that receives a
grant under this section only to the extent such entity funds
the food safety programs of such entity independently of any
grant under this section in each year of the grant at a level
equal to the level of such funding in the previous year,
increased by the Consumer Price Index. Such non-Federal
matching funds may be provided directly or through donations
from public or private entities and may be in cash or in-
kind, fairly evaluated, including plant, equipment, or
services.
``(d) Additional Authority.--The Secretary may--
``(1) award a grant under this section in each subsequent
fiscal year without reapplication for a period of not more
than 3 years, provided the requirements of subsection (c) are
met for the previous fiscal year; and
``(2) award a grant under this section in a fiscal year for
which the requirement of subsection (c) has not been met only
if such requirement was not met because such funding was
diverted for response to 1 or more natural disasters or in
other extenuating circumstances that the Secretary may
determine appropriate.
``(e) Duration of Awards.--The Secretary may award grants
to an individual grant recipient under this section for
periods of not more than 3 years. In the event the Secretary
conducts a program evaluation, funding in the second year or
third year of the grant, where applicable, shall be
contingent on a successful program evaluation by the
Secretary after the first year.
``(f) Progress and Evaluation.--
``(1) In general.--The Secretary shall measure the status
and success of each grant program authorized under the FDA
Food Safety Modernization Act (and any amendment made by such
Act), including the grant program under this section. A
recipient of a grant described in the preceding sentence
shall, at the end of each grant year, provide the Secretary
with information on how grant funds were spent and the status
of the efforts by such recipient to enhance food safety. To
the extent practicable, the Secretary shall take the
performance of such a grant recipient into account when
determining whether to continue funding for such recipient.
``(2) No duplication.--In carrying out paragraph (1), the
Secretary shall not duplicate the efforts of the Secretary
under other provisions of this Act or the FDA Food Safety
Modernization Act that require measurement and review of the
activities of grant recipients under either such Act.
``(g) Supplement Not Supplant.--Grant funds received under
this section shall be used to supplement, and not supplant,
non-Federal funds and any other Federal funds available to
carry out the activities described in this section.
``(h) Authorization of Appropriations.--For the purpose of
making grants under this section, there are authorized to be
appropriated such sums as may be necessary for fiscal years
2011 through 2015.''.
(b) Centers of Excellence.--Part P of the Public Health
Service Act (42 U.S.C. 280g et seq.) is amended by adding at
the end the following:

``SEC. 399V-5. FOOD SAFETY INTEGRATED CENTERS OF EXCELLENCE.

``(a) In General.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in consultation with the
working group described in subsection (b)(2), shall designate
5 Integrated Food Safety Centers of Excellence (referred to
in this section as the `Centers of Excellence') to serve as
resources for Federal, State, and local public health
professionals to respond to foodborne illness outbreaks. The
Centers of Excellence shall be headquartered at selected
State health departments.
``(b) Selection of Centers of Excellence.--
``(1) Eligible entities.--To be eligible to be designated
as a Center of Excellence under subsection (a), an entity
shall--
``(A) be a State health department;
``(B) partner with 1 or more institutions of higher
education that have demonstrated knowledge, expertise, and
meaningful experience with regional or national food
production, processing, and distribution, as well as
leadership in the laboratory, epidemiological, and
environmental detection and investigation of foodborne
illness; and
``(C) provide to the Secretary such information, at such
time, and in such manner, as the Secretary may require.
``(2) Working group.--Not later than 180 days after the
date of enactment of the FDA Food Safety Modernization Act,
the Secretary shall establish a diverse working group of
experts and stakeholders from Federal, State, and local food
safety and health agencies, the food industry, including food
retailers and food manufacturers, consumer organizations, and
academia to make recommendations to the Secretary regarding
designations of the Centers of Excellence.
``(3) Additional centers of excellence.--The Secretary may
designate eligible entities to be regional Food Safety
Centers of Excellence, in addition to the 5 Centers
designated under subsection (a).
``(c) Activities.--Under the leadership of the Director of
the Centers for Disease Control and Prevention, each Center
of Excellence shall be based out of a selected State health
department, which shall provide assistance to other regional,
State, and local departments of health through activities
that include--
``(1) providing resources, including timely information
concerning symptoms and tests, for frontline health
professionals interviewing individuals as part of routine
surveillance and outbreak investigations;
``(2) providing analysis of the timeliness and
effectiveness of foodborne disease surveillance and outbreak
response activities;
``(3) providing training for epidemiological and
environmental investigation of foodborne illness, including
suggestions for streamlining and standardizing the
investigation process;
``(4) establishing fellowships, stipends, and scholarships
to train future epidemiological and food-safety leaders and
to address critical workforce shortages;
``(5) training and coordinating State and local personnel;

[[Page 20100]]

``(6) strengthening capacity to participate in existing or
new foodborne illness surveillance and environmental
assessment information systems; and
``(7) conducting research and outreach activities focused
on increasing prevention, communication, and education
regarding food safety.
``(d) Report to Congress.--Not later than 2 years after the
date of enactment of the FDA Food Safety Modernization Act,
the Secretary shall submit to Congress a report that--
``(1) describes the effectiveness of the Centers of
Excellence; and
``(2) provides legislative recommendations or describes
additional resources required by the Centers of Excellence.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
``(f) No Duplication of Effort.--In carrying out activities
of the Centers of Excellence or other programs under this
section, the Secretary shall not duplicate other Federal
foodborne illness response efforts.''.

SEC. 6211. IMPROVING THE REPORTABLE FOOD REGISTRY.

(a) In General.--Section 417 (21 U.S.C. 350f) is amended--
(1) by redesignating subsections (f) through (k) as
subsections (i) through (n), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Critical Information.--Except with respect to fruits
and vegetables that are raw agricultural commodities, not
more than 18 months after the date of enactment of the FDA
Food Safety Modernization Act, the Secretary may require a
responsible party to submit to the Secretary consumer-
oriented information regarding a reportable food, which shall
include--
``(1) a description of the article of food as provided in
subsection (e)(3);
``(2) as provided in subsection (e)(7), affected product
identification codes, such as UPC, SKU, or lot or batch
numbers sufficient for the consumer to identify the article
of food;
``(3) contact information for the responsible party as
provided in subsection (e)(8); and
``(4) any other information the Secretary determines is
necessary to enable a consumer to accurately identify whether
such consumer is in possession of the reportable food.
``(g) Grocery Store Notification.--
``(1) Action by secretary.--The Secretary shall--
``(A) prepare the critical information described under
subsection (f) for a reportable food as a standardized one-
page summary;
``(B) publish such one-page summary on the Internet website
of the Food and Drug Administration in a format that can be
easily printed by a grocery store for purposes of consumer
notification.
``(2) Action by grocery store.--A notification described
under paragraph (1)(B) shall include the date and time such
summary was posted on the Internet website of the Food and
Drug Administration.
``(h) Consumer Notification.--
``(1) In general.--If a grocery store sold a reportable
food that is the subject of the posting and such
establishment is part of chain of establishments with 15 or
more physical locations, then such establishment shall, not
later than 24 hours after a one page summary described in
subsection (g) is published, prominently display such summary
or the information from such summary via at least one of the
methods identified under paragraph (2) and maintain the
display for 14 days.
``(2) List of conspicuous locations.--Not more than 1 year
after the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall develop and publish a
list of acceptable conspicuous locations and manners, from
which grocery stores shall select at least one, for providing
the notification required in paragraph (1). Such list shall
include--
``(A) posting the notification at or near the register;
``(B) providing the location of the reportable food;
``(C) providing targeted recall information given to
customers upon purchase of a food; and
``(D) other such prominent and conspicuous locations and
manners utilized by grocery stores as of the date of the
enactment of the FDA Food Safety Modernization Act to provide
notice of such recalls to consumers as considered appropriate
by the Secretary.''.
(b) Prohibited Act.--Section 301 (21 U.S.C. 331), as
amended by section 6206, is amended by adding at the end the
following:
``(yy) The knowing and willful failure to comply with the
notification requirement under section 417(h).''.
(c) Conforming Amendment.--Section 301(e) (21 U.S.C.
331(e)) is amended by striking ``417(g)'' and inserting
``417(j)''.

TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

SEC. 6301. FOREIGN SUPPLIER VERIFICATION PROGRAM.

(a) In General.--Chapter VIII (21 U.S.C. 381 et seq.) is
amended by adding at the end the following:

``SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM.

``(a) In General.--
``(1) Verification requirement.--Except as provided under
subsections (e) and (f), each importer shall perform risk-
based foreign supplier verification activities for the
purpose of verifying that the food imported by the importer
or agent of an importer is--
``(A) produced in compliance with the requirements of
section 418 or section 419, as appropriate; and
``(B) is not adulterated under section 402 or misbranded
under section 403(w).
``(2) Importer defined.--For purposes of this section, the
term `importer' means, with respect to an article of food--
``(A) the United States owner or consignee of the article
of food at the time of entry of such article into the United
States; or
``(B) in the case when there is no United States owner or
consignee as described in subparagraph (A), the United States
agent or representative of a foreign owner or consignee of
the article of food at the time of entry of such article into
the United States.
``(b) Guidance.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall issue guidance to assist importers in
developing foreign supplier verification programs.
``(c) Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall promulgate regulations to provide for the
content of the foreign supplier verification program
established under subsection (a).
``(2) Requirements.--The regulations promulgated under
paragraph (1)--
``(A) shall require that the foreign supplier verification
program of each importer be adequate to provide assurances
that each foreign supplier to the importer produces the
imported food in compliance with--
``(i) processes and procedures, including reasonably
appropriate risk-based preventive controls, that provide the
same level of public health protection as those required
under section 418 or section 419 (taking into consideration
variances granted under section 419), as appropriate; and
``(ii) section 402 and section 403(w).
``(B) shall include such other requirements as the
Secretary deems necessary and appropriate to verify that food
imported into the United States is as safe as food produced
and sold within the United States.
``(3) Considerations.--In promulgating regulations under
this subsection, the Secretary shall, as appropriate, take
into account differences among importers and types of
imported foods, including based on the level of risk posed by
the imported food.
``(4) Activities.--Verification activities under a foreign
supplier verification program under this section may include
monitoring records for shipments, lot-by-lot certification of
compliance, annual on-site inspections, checking the hazard
analysis and risk-based preventive control plan of the
foreign supplier, and periodically testing and sampling
shipments.
``(d) Record Maintenance and Access.--Records of an
importer related to a foreign supplier verification program
shall be maintained for a period of not less than 2 years and
shall be made available promptly to a duly authorized
representative of the Secretary upon request.
``(e) Exemption of Seafood, Juice, and Low-acid Canned Food
Facilities in Compliance With HACCP.--This section shall not
apply to a facility if the owner, operator, or agent in
charge of such facility is required to comply with, and is in
compliance with, 1 of the following standards and regulations
with respect to such facility:
``(1) The Seafood Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(2) The Juice Hazard Analysis Critical Control Points
Program of the Food and Drug Administration.
``(3) The Thermally Processed Low-Acid Foods Packaged in
Hermetically Sealed Containers standards of the Food and Drug
Administration (or any successor standards).
The exemption under paragraph (3) shall apply only with
respect to microbiological hazards that are regulated under
the standards for Thermally Processed Low-Acid Foods Packaged
in Hermetically Sealed Containers under part 113 of chapter
21, Code of Federal Regulations (or any successor
regulations).
``(f) Additional Exemptions.--The Secretary, by notice
published in the Federal Register, shall establish an
exemption from the requirements of this section for articles
of food imported in small quantities for research and
evaluation purposes or for personal consumption, provided
that such foods are not intended for retail sale and are not
sold or distributed to the public.
``(g) Publication of List of Participants.--The Secretary
shall publish and maintain on the Internet Web site of the
Food and Drug Administration a current list that includes the
name of, location of, and other information deemed necessary
by the Secretary about, importers participating under this
section.''.
(b) Prohibited Act.--Section 301 (21 U.S.C. 331), as
amended by section 6211, is amended by adding at the end the
following:

[[Page 20101]]

``(zz) The importation or offering for importation of a
food if the importer (as defined in section 805) does not
have in place a foreign supplier verification program in
compliance with such section 805.''.
(c) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended
by adding ``or the importer (as defined in section 805) is in
violation of such section 805'' after ``or in violation of
section 505''.
(d) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.

SEC. 6302. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

Chapter VIII (21 U.S.C. 381 et seq.), as amended by section
6301, is amended by adding at the end the following:

``SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

``(a) In General.--Beginning not later than 18 months after
the date of enactment of the FDA Food Safety Modernization
Act, the Secretary shall--
``(1) establish a program, in consultation with the
Secretary of Homeland Security--
``(A) to provide for the expedited review and importation
of food offered for importation by importers who have
voluntarily agreed to participate in such program; and
``(B) consistent with section 808, establish a process for
the issuance of a facility certification to accompany food
offered for importation by importers who have voluntarily
agreed to participate in such program; and
``(2) issue a guidance document related to participation
in, revocation of such participation in, reinstatement in,
and compliance with, such program.
``(b) Voluntary Participation.--An importer may request the
Secretary to provide for the expedited review and importation
of designated foods in accordance with the program
established by the Secretary under subsection (a).
``(c) Notice of Intent To Participate.--An importer that
intends to participate in the program under this section in a
fiscal year shall submit a notice and application to the
Secretary of such intent at the time and in a manner
established by the Secretary.
``(d) Eligibility.--Eligibility shall be limited to an
importer offering food for importation from a facility that
has a certification described in subsection (a). In reviewing
the applications and making determinations on such
applications, the Secretary shall consider the risk of the
food to be imported based on factors, such as the following:
``(1) The known safety risks of the food to be imported.
``(2) The compliance history of foreign suppliers used by
the importer, as appropriate.
``(3) The capability of the regulatory system of the
country of export to ensure compliance with United States
food safety standards for a designated food.
``(4) The compliance of the importer with the requirements
of section 805.
``(5) The recordkeeping, testing, inspections and audits of
facilities, traceability of articles of food, temperature
controls, and sourcing practices of the importer.
``(6) The potential risk for intentional adulteration of
the food.
``(7) Any other factor that the Secretary determines
appropriate.
``(e) Review and Revocation.--Any importer qualified by the
Secretary in accordance with the eligibility criteria set
forth in this section shall be reevaluated not less often
than once every 3 years and the Secretary shall promptly
revoke the qualified importer status of any importer found
not to be in compliance with such criteria.
``(f) False Statements.--Any statement or representation
made by an importer to the Secretary shall be subject to
section 1001 of title 18, United States Code.
``(g) Definition.--For purposes of this section, the term
`importer' means the person that brings food, or causes food
to be brought, from a foreign country into the customs
territory of the United States.''.

SEC. 6303. AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR
FOOD.

(a) In General.--Section 801(a) (21 U.S.C. 381(a)) is
amended by inserting after the third sentence the following:
``With respect to an article of food, if importation of such
food is subject to, but not compliant with, the requirement
under subsection (q) that such food be accompanied by a
certification or other assurance that the food meets
applicable requirements of this Act, then such article shall
be refused admission.''.
(b) Addition of Certification Requirement.--Section 801 (21
U.S.C. 381) is amended by adding at the end the following new
subsection:
``(q) Certifications Concerning Imported Foods.--
``(1) In general.--The Secretary may require, as a
condition of granting admission to an article of food
imported or offered for import into the United States, that
an entity described in paragraph (3) provide a certification,
or such other assurances as the Secretary determines
appropriate, that the article of food complies with
applicable requirements of this Act. Such certification or
assurances may be provided in the form of shipment-specific
certificates, a listing of certified facilities that
manufacture, process, pack, or hold such food, or in such
other form as the Secretary may specify.
``(2) Factors to be considered in requiring
certification.--The Secretary shall base the determination
that an article of food is required to have a certification
described in paragraph (1) on the risk of the food,
including--
``(A) known safety risks associated with the food;
``(B) known food safety risks associated with the country,
territory, or region of origin of the food;
``(C) a finding by the Secretary, supported by scientific,
risk-based evidence, that--
``(i) the food safety programs, systems, and standards in
the country, territory, or region of origin of the food are
inadequate to ensure that the article of food is as safe as a
similar article of food that is manufactured, processed,
packed, or held in the United States in accordance with the
requirements of this Act; and
``(ii) the certification would assist the Secretary in
determining whether to refuse or admit the article of food
under subsection (a); and
``(D) information submitted to the Secretary in accordance
with the process established in paragraph (7).
``(3) Certifying entities.--For purposes of paragraph (1),
entities that shall provide the certification or assurances
described in such paragraph are--
``(A) an agency or a representative of the government of
the country from which the article of food at issue
originated, as designated by the Secretary; or
``(B) such other persons or entities accredited pursuant to
section 808 to provide such certification or assurance.
``(4) Renewal and refusal of certifications.--The Secretary
may--
``(A) require that any certification or other assurance
provided by an entity specified in paragraph (2) be renewed
by such entity at such times as the Secretary determines
appropriate; and
``(B) refuse to accept any certification or assurance if
the Secretary determines that such certification or assurance
is not valid or reliable.
``(5) Electronic submission.--The Secretary shall provide
for the electronic submission of certifications under this
subsection.
``(6) False statements.--Any statement or representation
made by an entity described in paragraph (2) to the Secretary
shall be subject to section 1001 of title 18, United States
Code.
``(7) Assessment of food safety programs, systems, and
standards.--If the Secretary determines that the food safety
programs, systems, and standards in a foreign region,
country, or territory are inadequate to ensure that an
article of food is as safe as a similar article of food that
is manufactured, processed, packed, or held in the United
States in accordance with the requirements of this Act, the
Secretary shall, to the extent practicable, identify such
inadequacies and establish a process by which the foreign
region, country, or territory may inform the Secretary of
improvements made to such food safety program, system, or
standard and demonstrate that those controls are adequate to
ensure that an article of food is as safe as a similar
article of food that is manufactured, processed, packed, or
held in the United States in accordance with the requirements
of this Act.''.
(c) Conforming Technical Amendment.--Section 801(b) (21
U.S.C. 381(b)) is amended in the second sentence by striking
``with respect to an article included within the provision of
the fourth sentence of subsection (a)'' and inserting ``with
respect to an article described in subsection (a) relating to
the requirements of sections 760 or 761,''.
(d) No Limit on Authority.--Nothing in the amendments made
by this section shall limit the authority of the Secretary to
conduct inspections of imported food or to take such other
steps as the Secretary deems appropriate to determine the
admissibility of imported food.

SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.

(a) In General.--Section 801(m)(1) (21 U.S.C. 381(m)(1)) is
amended by inserting ``any country to which the article has
been refused entry;'' after ``the country from which the
article is shipped;''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue an interim
final rule amending subpart I of part 1 of title 21, Code of
Federal Regulations, to implement the amendment made by this
section.
(c) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of enactment of
this Act.

SEC. 6305. BUILDING CAPACITY OF FOREIGN GOVERNMENTS WITH
RESPECT TO FOOD SAFETY.

(a) In General.--The Secretary shall, not later than 2
years of the date of enactment of this Act, develop a
comprehensive plan to expand the technical, scientific, and
regulatory food safety capacity of foreign governments, and
their respective food industries, from which foods are
exported to the United States.
(b) Consultation.--In developing the plan under subsection
(a), the Secretary shall consult with the Secretary of
Agriculture, Secretary of State, Secretary of the Treasury,
the Secretary of Homeland Security,

[[Page 20102]]

the United States Trade Representative, and the Secretary of
Commerce, representatives of the food industry, appropriate
foreign government officials, nongovernmental organizations
that represent the interests of consumers, and other
stakeholders.
(c) Plan.--The plan developed under subsection (a) shall
include, as appropriate, the following:
(1) Recommendations for bilateral and multilateral
arrangements and agreements, including provisions to provide
for responsibility of exporting countries to ensure the
safety of food.
(2) Provisions for secure electronic data sharing.
(3) Provisions for mutual recognition of inspection
reports.
(4) Training of foreign governments and food producers on
United States requirements for safe food.
(5) Recommendations on whether and how to harmonize
requirements under the Codex Alimentarius.
(6) Provisions for the multilateral acceptance of
laboratory methods and testing and detection techniques.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect the regulation of dietary supplements
under the Dietary Supplement Health and Education Act of 1994
(Public Law 103-417).

SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES.

(a) In General.--Chapter VIII (21 U.S.C. 381 et seq.), as
amended by section 6302, is amended by inserting at the end
the following:

``SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES.

``(a) Inspection.--The Secretary--
``(1) may enter into arrangements and agreements with
foreign governments to facilitate the inspection of foreign
facilities registered under section 415; and
``(2) shall direct resources to inspections of foreign
facilities, suppliers, and food types, especially such
facilities, suppliers, and food types that present a high
risk (as identified by the Secretary), to help ensure the
safety and security of the food supply of the United States.
``(b) Effect of Inability To Inspect.--Notwithstanding any
other provision of law, food shall be refused admission into
the United States if it is from a foreign factory, warehouse,
or other establishment of which the owner, operator, or agent
in charge, or the government of the foreign country, refuses
to permit entry of United States inspectors or other
individuals duly designated by the Secretary, upon request,
to inspect such factory, warehouse, or other establishment.
For purposes of this subsection, such an owner, operator, or
agent in charge shall be considered to have refused an
inspection if such owner, operator, or agent in charge does
not permit an inspection of a factory, warehouse, or other
establishment during the 24-hour period after such request is
submitted, or after such other time period, as agreed upon by
the Secretary and the foreign factory, warehouse, or other
establishment.''.
(b) Inspection by the Secretary of Commerce.--
(1) In general.--The Secretary of Commerce, in coordination
with the Secretary of Health and Human Services, may send 1
or more inspectors to a country or facility of an exporter
from which seafood imported into the United States
originates. The inspectors shall assess practices and
processes used in connection with the farming, cultivation,
harvesting, preparation for market, or transportation of such
seafood and may provide technical assistance related to such
activities.
(2) Inspection report.--
(A) In general.--The Secretary of Health and Human
Services, in coordination with the Secretary of Commerce,
shall--
(i) prepare an inspection report for each inspection
conducted under paragraph (1);
(ii) provide the report to the country or exporter that is
the subject of the report; and
(iii) provide a 30-day period during which the country or
exporter may provide a rebuttal or other comments on the
findings of the report to the Secretary of Health and Human
Services.
(B) Distribution and use of report.--The Secretary of
Health and Human Services shall consider the inspection
reports described in subparagraph (A) in distributing
inspection resources under section 421 of the Federal Food,
Drug, and Cosmetic Act, as added by section 6201.

SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS.

Chapter VIII (21 U.S.C. 381 et seq.), as amended by section
6306, is amended by adding at the end the following:

``SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS.

``(a) Definitions.--In this section:
``(1) Audit agent.--The term `audit agent' means an
individual who is an employee or agent of an accredited
third-party auditor and, although not individually
accredited, is qualified to conduct food safety audits on
behalf of an accredited third-party auditor.
``(2) Accreditation body.--The term `accreditation body'
means an authority that performs accreditation of third-party
auditors.
``(3) Third-party auditor.--The term `third-party auditor'
means a foreign government, agency of a foreign government,
foreign cooperative, or any other third party, as the
Secretary determines appropriate in accordance with the model
standards described in subsection (b)(2), that is eligible to
be considered for accreditation to conduct food safety audits
to certify that eligible entities meet the applicable
requirements of this section. A third-party auditor may be a
single individual. A third-party auditor may employ or use
audit agents to help conduct consultative and regulatory
audits.
``(4) Accredited third-party auditor.--The term `accredited
third-party auditor' means a third-party auditor accredited
by an accreditation body to conduct audits of eligible
entities to certify that such eligible entities meet the
applicable requirements of this section. An accredited third-
party auditor may be an individual who conducts food safety
audits to certify that eligible entities meet the applicable
requirements of this section.
``(5) Consultative audit.--The term `consultative audit'
means an audit of an eligible entity--
``(A) to determine whether such entity is in compliance
with the provisions of this Act and with applicable industry
standards and practices; and
``(B) the results of which are for internal purposes only.
``(6) Eligible entity.--The term `eligible entity' means a
foreign entity, including a foreign facility registered under
section 415, in the food import supply chain that chooses to
be audited by an accredited third-party auditor or the audit
agent of such accredited third-party auditor.
``(7) Regulatory audit.--The term `regulatory audit' means
an audit of an eligible entity--
``(A) to determine whether such entity is in compliance
with the provisions of this Act; and
``(B) the results of which determine--
``(i) whether an article of food manufactured, processed,
packed, or held by such entity is eligible to receive a food
certification under section 801(q); or
``(ii) whether a facility is eligible to receive a facility
certification under section 806(a) for purposes of
participating in the program under section 806.
``(b) Accreditation System.--
``(1) Accreditation bodies.--
``(A) Recognition of accreditation bodies.--
``(i) In general.--Not later than 2 years after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall establish a system for the recognition of
accreditation bodies that accredit third-party auditors to
certify that eligible entities meet the applicable
requirements of this section.
``(ii) Direct accreditation.--If, by the date that is 2
years after the date of establishment of the system described
in clause (i), the Secretary has not identified and
recognized an accreditation body to meet the requirements of
this section, the Secretary may directly accredit third-party
auditors.
``(B) Notification.--Each accreditation body recognized by
the Secretary shall submit to the Secretary a list of all
accredited third-party auditors accredited by such body and
the audit agents of such auditors.
``(C) Revocation of recognition as an accreditation body.--
The Secretary shall promptly revoke the recognition of any
accreditation body found not to be in compliance with the
requirements of this section.
``(D) Reinstatement.--The Secretary shall establish
procedures to reinstate recognition of an accreditation body
if the Secretary determines, based on evidence presented by
such accreditation body, that revocation was inappropriate or
that the body meets the requirements for recognition under
this section.
``(2) Model accreditation standards.--Not later than 18
months after the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall develop model
standards, including requirements for regulatory audit
reports, and each recognized accreditation body shall ensure
that third-party auditors and audit agents of such auditors
meet such standards in order to qualify such third-party
auditors as accredited third-party auditors under this
section. In developing the model standards, the Secretary
shall look to standards in place on the date of the enactment
of this section for guidance, to avoid unnecessary
duplication of efforts and costs.
``(c) Third-party Auditors.--
``(1) Requirements for accreditation as a third-party
auditor.--
``(A) Foreign governments.--Prior to accrediting a foreign
government or an agency of a foreign government as an
accredited third-party auditor, the accreditation body (or,
in the case of direct accreditation under subsection
(b)(1)(A)(ii), the Secretary) shall perform such reviews and
audits of food safety programs, systems, and standards of the
government or agency of the government as the Secretary deems
necessary, including requirements under the model standards
developed under subsection (b)(2), to determine that the
foreign government or agency of the

[[Page 20103]]

foreign government is capable of adequately ensuring that
eligible entities or foods certified by such government or
agency meet the requirements of this Act with respect to food
manufactured, processed, packed, or held for import into the
United States.
``(B) Foreign cooperatives and other third parties.--Prior
to accrediting a foreign cooperative that aggregates the
products of growers or processors, or any other third party
to be an accredited third-party auditor, the accreditation
body (or, in the case of direct accreditation under
subsection (b)(1)(A)(ii), the Secretary) shall perform such
reviews and audits of the training and qualifications of
audit agents used by that cooperative or party and conduct
such reviews of internal systems and such other investigation
of the cooperative or party as the Secretary deems necessary,
including requirements under the model standards developed
under subsection (b)(2), to determine that each eligible
entity certified by the cooperative or party has systems and
standards in use to ensure that such entity or food meets the
requirements of this Act.
``(2) Requirement to issue certification of eligible
entities or foods.--
``(A) In general.--An accreditation body (or, in the case
of direct accreditation under subsection (b)(1)(A)(ii), the
Secretary) may not accredit a third-party auditor unless such
third-party auditor agrees to issue a written and, as
appropriate, electronic food certification, described in
section 801(q), or facility certification under section
806(a), as appropriate, to accompany each food shipment for
import into the United States from an eligible entity,
subject to requirements set forth by the Secretary. Such
written or electronic certification may be included with
other documentation regarding such food shipment. The
Secretary shall consider certifications under section 801(q)
and participation in the voluntary qualified importer program
described in section 806 when targeting inspection resources
under section 421.
``(B) Purpose of certification.--The Secretary shall use
certification provided by accredited third-party auditors
to--
``(i) determine, in conjunction with any other assurances
the Secretary may require under section 801(q), whether a
food satisfies the requirements of such section; and
``(ii) determine whether a facility is eligible to be a
facility from which food may be offered for import under the
voluntary qualified importer program under section 806.
``(C) Requirements for issuing certification.--
``(i) In general.--An accredited third-party auditor shall
issue a food certification under section 801(q) or a facility
certification described under subparagraph (B) only after
conducting a regulatory audit and such other activities that
may be necessary to establish compliance with the
requirements of such sections.
``(ii) Provision of certification.--Only an accredited
third-party auditor or the Secretary may provide a facility
certification under section 806(a). Only those parties
described in 801(q)(3) or the Secretary may provide a food
certification under 301(g).
``(3) Audit report submission requirements.--
``(A) Requirements in general.--As a condition of
accreditation, not later than 45 days after conducting an
audit, an accredited third-party auditor or audit agent of
such auditor shall prepare, and, in the case of a regulatory
audit, submit, the audit report for each audit conducted, in
a form and manner designated by the Secretary, which shall
include--
``(i) the identity of the persons at the audited eligible
entity responsible for compliance with food safety
requirements;
``(ii) the dates of the audit;
``(iii) the scope of the audit; and
``(iv) any other information required by the Secretary that
relates to or may influence an assessment of compliance with
this Act.
``(B) Records.--Following any accreditation of a third-
party auditor, the Secretary may, at any time, require the
accredited third-party auditor to submit to the Secretary an
onsite audit report and such other reports or documents
required as part of the audit process, for any eligible
entity certified by the third-party auditor or audit agent of
such auditor. Such report may include documentation that the
eligible entity is in compliance with any applicable
registration requirements.
``(C) Limitation.--The requirement under subparagraph (B)
shall not include any report or other documents resulting
from a consultative audit by the accredited third-party
auditor, except that the Secretary may access the results of
a consultative audit in accordance with section 414.
``(4) Requirements of accredited third-party auditors and
audit agents of such auditors.--
``(A) Risks to public health.--If, at any time during an
audit, an accredited third-party auditor or audit agent of
such auditor discovers a condition that could cause or
contribute to a serious risk to the public health, such
auditor shall immediately notify the Secretary of--
``(i) the identification of the eligible entity subject to
the audit; and
``(ii) such condition.
``(B) Types of audits.--An accredited third-party auditor
or audit agent of such auditor may perform consultative and
regulatory audits of eligible entities.
``(C) Limitations.--
``(i) In general.--An accredited third-party auditor may
not perform a regulatory audit of an eligible entity if such
agent has performed a consultative audit or a regulatory
audit of such eligible entity during the previous 13-month
period.
``(ii) Waiver.--The Secretary may waive the application of
clause (i) if the Secretary determines that there is
insufficient access to accredited third-party auditors in a
country or region.
``(5) Conflicts of interest.--
``(A) Third-party auditors.--An accredited third-party
auditor shall--
``(i) not be owned, managed, or controlled by any person
that owns or operates an eligible entity to be certified by
such auditor;
``(ii) in carrying out audits of eligible entities under
this section, have procedures to ensure against the use of
any officer or employee of such auditor that has a financial
conflict of interest regarding an eligible entity to be
certified by such auditor; and
``(iii) annually make available to the Secretary
disclosures of the extent to which such auditor and the
officers and employees of such auditor have maintained
compliance with clauses (i) and (ii) relating to financial
conflicts of interest.
``(B) Audit agents.--An audit agent shall--
``(i) not own or operate an eligible entity to be audited
by such agent;
``(ii) in carrying out audits of eligible entities under
this section, have procedures to ensure that such agent does
not have a financial conflict of interest regarding an
eligible entity to be audited by such agent; and
``(iii) annually make available to the Secretary
disclosures of the extent to which such agent has maintained
compliance with clauses (i) and (ii) relating to financial
conflicts of interest.
``(C) Regulations.--The Secretary shall promulgate
regulations not later than 18 months after the date of
enactment of the FDA Food Safety Modernization Act to
implement this section and to ensure that there are
protections against conflicts of interest between an
accredited third-party auditor and the eligible entity to be
certified by such auditor or audited by such audit agent.
Such regulations shall include--
``(i) requiring that audits performed under this section be
unannounced;
``(ii) a structure to decrease the potential for conflicts
of interest, including timing and public disclosure, for fees
paid by eligible entities to accredited third-party auditors;
and
``(iii) appropriate limits on financial affiliations
between an accredited third-party auditor or audit agents of
such auditor and any person that owns or operates an eligible
entity to be certified by such auditor, as described in
subparagraphs (A) and (B).
``(6) Withdrawal of accreditation.--
``(A) In general.--The Secretary shall withdraw
accreditation from an accredited third-party auditor--
``(i) if food certified under section 801(q) or from a
facility certified under paragraph (2)(B) by such third-party
auditor is linked to an outbreak of foodborne illness that
has a reasonable probability of causing serious adverse
health consequences or death in humans or animals;
``(ii) following an evaluation and finding by the Secretary
that the third-party auditor no longer meets the requirements
for accreditation; or
``(iii) following a refusal to allow United States
officials to conduct such audits and investigations as may be
necessary to ensure continued compliance with the
requirements set forth in this section.
``(B) Additional basis for withdrawal of accreditation.--
The Secretary may withdraw accreditation from an accredited
third-party auditor in the case that such third-party auditor
is accredited by an accreditation body for which recognition
as an accreditation body under subsection (b)(1)(C) is
revoked, if the Secretary determines that there is good cause
for the withdrawal.
``(C) Exception.--The Secretary may waive the application
of subparagraph (A)(i) if the Secretary--
``(i) conducts an investigation of the material facts
related to the outbreak of human or animal illness; and
``(ii) reviews the steps or actions taken by the third-
party auditor to justify the certification and determines
that the accredited third-party auditor satisfied the
requirements under section 801(q) of certifying the food, or
the requirements under paragraph (2)(B) of certifying the
entity.
``(7) Reaccreditation.--The Secretary shall establish
procedures to reinstate the accreditation of a third-party
auditor for which accreditation has been withdrawn under
paragraph (6)--
``(A) if the Secretary determines, based on evidence
presented, that the third-party auditor satisfies the
requirements of this section and adequate grounds for
revocation no longer exist; and
``(B) in the case of a third-party auditor accredited by an
accreditation body for which

[[Page 20104]]

recognition as an accreditation body under subsection
(b)(1)(C) is revoked--
``(i) if the third-party auditor becomes accredited not
later than 1 year after revocation of accreditation under
paragraph (6)(A), through direct accreditation under
subsection (b)(1)(A)(ii) or by an accreditation body in good
standing; or
``(ii) under such conditions as the Secretary may require
for a third-party auditor under paragraph (6)(B).
``(8) Neutralizing costs.--The Secretary shall establish by
regulation a reimbursement (user fee) program, similar to the
method described in section 203(h) of the Agriculture
Marketing Act of 1946, by which the Secretary assesses fees
and requires accredited third-party auditors and audit agents
to reimburse the Food and Drug Administration for the work
performed to establish and administer the accreditation
system under this section. The Secretary shall make operating
this program revenue-neutral and shall not generate surplus
revenue from such a reimbursement mechanism. Fees authorized
under this paragraph shall be collected and available for
obligation only to the extent and in the amount provided in
advance in appropriation Acts. Such fees are authorized to
remain available until expended.
``(d) Recertification of Eligible Entities.--An eligible
entity shall apply for annual recertification by an
accredited third-party auditor if such entity--
``(1) intends to participate in voluntary qualified
importer program under section 806; or
``(2) is required to provide to the Secretary a
certification under section 801(q) for any food from such
entity.
``(e) False Statements.--Any statement or representation
made--
``(1) by an employee or agent of an eligible entity to an
accredited third-party auditor or audit agent; or
``(2) by an accredited third-party auditor to the
Secretary,
shall be subject to section 1001 of title 18, United States
Code.
``(f) Monitoring.--To ensure compliance with the
requirements of this section, the Secretary shall--
``(1) periodically, or at least once every 4 years,
reevaluate the accreditation bodies described in subsection
(b)(1);
``(2) periodically, or at least once every 4 years,
evaluate the performance of each accredited third-party
auditor, through the review of regulatory audit reports by
such auditors, the compliance history as available of
eligible entities certified by such auditors, and any other
measures deemed necessary by the Secretary;
``(3) at any time, conduct an onsite audit of any eligible
entity certified by an accredited third-party auditor, with
or without the auditor present; and
``(4) take any other measures deemed necessary by the
Secretary.
``(g) Publicly Available Registry.--The Secretary shall
establish a publicly available registry of accreditation
bodies and of accredited third-party auditors, including the
name of, contact information for, and other information
deemed necessary by the Secretary about such bodies and
auditors.
``(h) Limitations.--
``(1) No effect on section 704 inspections.--The audits
performed under this section shall not be considered
inspections under section 704.
``(2) No effect on inspection authority.--Nothing in this
section affects the authority of the Secretary to inspect any
eligible entity pursuant to this Act.''.

SEC. 6308. FOREIGN OFFICES OF THE FOOD AND DRUG
ADMINISTRATION.

(a) In General.--The Secretary shall establish offices of
the Food and Drug Administration in foreign countries
selected by the Secretary, to provide assistance to the
appropriate governmental entities of such countries with
respect to measures to provide for the safety of articles of
food and other products regulated by the Food and Drug
Administration exported by such country to the United States,
including by directly conducting risk-based inspections of
such articles and supporting such inspections by such
governmental entity.
(b) Consultation.--In establishing the foreign offices
described in subsection (a), the Secretary shall consult with
the Secretary of State, the Secretary of Homeland Security,
and the United States Trade Representative.
(c) Report.--Not later than October 1, 2011, the Secretary
shall submit to Congress a report on the basis for the
selection by the Secretary of the foreign countries in which
the Secretary established offices, the progress which such
offices have made with respect to assisting the governments
of such countries in providing for the safety of articles of
food and other products regulated by the Food and Drug
Administration exported to the United States, and the plans
of the Secretary for establishing additional foreign offices
of the Food and Drug Administration, as appropriate.

SEC. 6309. SMUGGLED FOOD.

(a) In General.--Not later than 180 days after the
enactment of this Act, the Secretary shall, in coordination
with the Secretary of Homeland Security, develop and
implement a strategy to better identify smuggled food and
prevent entry of such food into the United States.
(b) Notification to Homeland Security.--Not later than 10
days after the Secretary identifies a smuggled food that the
Secretary believes would cause serious adverse health
consequences or death to humans or animals, the Secretary
shall provide to the Secretary of Homeland Security a
notification under section 417(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350f(k)) describing the smuggled
food and, if available, the names of the individuals or
entities that attempted to import such food into the United
States.
(c) Public Notification.--If the Secretary--
(1) identifies a smuggled food;
(2) reasonably believes exposure to the food would cause
serious adverse health consequences or death to humans or
animals; and
(3) reasonably believes that the food has entered domestic
commerce and is likely to be consumed,
the Secretary shall promptly issue a press release describing
that food and shall use other emergency communication or
recall networks, as appropriate, to warn consumers and
vendors about the potential threat.
(d) Effect of Section.--Nothing in this section shall
affect the authority of the Secretary to issue public
notifications under other circumstances.
(e) Definition.--In this subsection, the term ``smuggled
food'' means any food that a person introduces into the
United States through fraudulent means or with the intent to
defraud or mislead.

TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 6401. FUNDING FOR FOOD SAFETY.

(a) In General.--There are authorized to be appropriated to
carry out the activities of the Center for Food Safety and
Applied Nutrition, the Center for Veterinary Medicine, and
related field activities in the Office of Regulatory Affairs
of the Food and Drug Administration such sums as may be
necessary for fiscal years 2011 through 2015.
(b) Increased Number of Field Staff.--
(1) In general.--To carry out the activities of the Center
for Food Safety and Applied Nutrition, the Center for
Veterinary Medicine, and related field activities of the
Office of Regulatory Affairs of the Food and Drug
Administration, the Secretary of Health and Human Services
shall increase the field staff of such Centers and Office
with a goal of not fewer than--
(A) 4,000 staff members in fiscal year 2011;
(B) 4,200 staff members in fiscal year 2012;
(C) 4,600 staff members in fiscal year 2013; and
(D) 5,000 staff members in fiscal year 2014.
(2) Field staff for food defense.--The goal under paragraph
(1) shall include an increase of 150 employees by fiscal year
2011 to--
(A) provide additional detection of and response to food
defense threats; and
(B) detect, track, and remove smuggled food (as defined in
section 6309) from commerce.

SEC. 6402. EMPLOYEE PROTECTIONS.

Chapter X of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 391 et seq.), as amended by section 6209, is further
amended by adding at the end the following:

``SEC. 1013. EMPLOYEE PROTECTIONS.

``(a) In General.--No entity engaged in the manufacture,
processing, packing, transporting, distribution, reception,
holding, or importation of food may discharge an employee or
otherwise discriminate against an employee with respect to
compensation, terms, conditions, or privileges of employment
because the employee, whether at the employee's initiative or
in the ordinary course of the employee's duties (or any
person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided to the employer, the Federal
Government, or the attorney general of a State information
relating to any violation of, or any act or omission the
employee reasonably believes to be a violation of any
provision of this Act or any order, rule, regulation,
standard, or ban under this Act, or any order, rule,
regulation, standard, or ban under this Act;
``(2) testified or is about to testify in a proceeding
concerning such violation;
``(3) assisted or participated or is about to assist or
participate in such a proceeding; or
``(4) objected to, or refused to participate in, any
activity, policy, practice, or assigned task that the
employee (or other such person) reasonably believed to be in
violation of any provision of this Act, or any order, rule,
regulation, standard, or ban under this Act.
``(b) Process.--
``(1) In general.--A person who believes that he or she has
been discharged or otherwise discriminated against by any
person in violation of subsection (a) may, not later than 180
days after the date on which such violation occurs, file (or
have any person file on his or her behalf) a complaint with
the Secretary of Labor (referred to in this section as the
`Secretary') alleging such discharge or discrimination and
identifying the person responsible for such act. Upon receipt
of such a complaint, the Secretary shall notify, in writing,
the person named in the complaint of the filing of the
complaint, of the allegations contained in the complaint,

[[Page 20105]]

of the substance of evidence supporting the complaint, and of
the opportunities that will be afforded to such person under
paragraph (2).
``(2) Investigation.--
``(A) In general.--Not later than 60 days after the date of
receipt of a complaint filed under paragraph (1) and after
affording the complainant and the person named in the
complaint an opportunity to submit to the Secretary a written
response to the complaint and an opportunity to meet with a
representative of the Secretary to present statements from
witnesses, the Secretary shall initiate an investigation and
determine whether there is reasonable cause to believe that
the complaint has merit and notify, in writing, the
complainant and the person alleged to have committed a
violation of subsection (a) of the Secretary's findings.
``(B) Reasonable cause found; preliminary order.--If the
Secretary concludes that there is reasonable cause to believe
that a violation of subsection (a) has occurred, the
Secretary shall accompany the Secretary's findings with a
preliminary order providing the relief prescribed by
paragraph (3)(B). Not later than 30 days after the date of
notification of findings under this paragraph, the person
alleged to have committed the violation or the complainant
may file objections to the findings or preliminary order, or
both, and request a hearing on the record. The filing of such
objections shall not operate to stay any reinstatement remedy
contained in the preliminary order. Any such hearing shall be
conducted expeditiously. If a hearing is not requested in
such 30-day period, the preliminary order shall be deemed a
final order that is not subject to judicial review.
``(C) Dismissal of complaint.--
``(i) Standard for complainant.--The Secretary shall
dismiss a complaint filed under this subsection and shall not
conduct an investigation otherwise required under
subparagraph (A) unless the complainant makes a prima facie
showing that any behavior described in paragraphs (1) through
(4) of subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
``(ii) Standard for employer.--Notwithstanding a finding by
the Secretary that the complainant has made the showing
required under clause (i), no investigation otherwise
required under subparagraph (A) shall be conducted if the
employer demonstrates, by clear and convincing evidence, that
the employer would have taken the same unfavorable personnel
action in the absence of that behavior.
``(iii) Violation standard.--The Secretary may determine
that a violation of subsection (a) has occurred only if the
complainant demonstrates that any behavior described in
paragraphs (1) through (4) of subsection (a) was a
contributing factor in the unfavorable personnel action
alleged in the complaint.
``(iv) Relief standard.--Relief may not be ordered under
subparagraph (A) if the employer demonstrates by clear and
convincing evidence that the employer would have taken the
same unfavorable personnel action in the absence of that
behavior.
``(3) Final order.--
``(A) In general.--Not later than 120 days after the date
of conclusion of any hearing under paragraph (2), the
Secretary shall issue a final order providing the relief
prescribed by this paragraph or denying the complaint. At any
time before issuance of a final order, a proceeding under
this subsection may be terminated on the basis of a
settlement agreement entered into by the Secretary, the
complainant, and the person alleged to have committed the
violation.
``(B) Content of order.--If, in response to a complaint
filed under paragraph (1), the Secretary determines that a
violation of subsection (a) has occurred, the Secretary shall
order the person who committed such violation--
``(i) to take affirmative action to abate the violation;
``(ii) to reinstate the complainant to his or her former
position together with compensation (including back pay) and
restore the terms, conditions, and privileges associated with
his or her employment; and
``(iii) to provide compensatory damages to the complainant.
``(C) Penalty.--If such an order is issued under this
paragraph, the Secretary, at the request of the complainant,
shall assess against the person against whom the order is
issued a sum equal to the aggregate amount of all costs and
expenses (including attorneys' and expert witness fees)
reasonably incurred, as determined by the Secretary, by the
complainant for, or in connection with, the bringing of the
complaint upon which the order was issued.
``(D) Bad faith claim.--If the Secretary finds that a
complaint under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary may award to the
prevailing employer a reasonable attorneys' fee, not
exceeding $1,000, to be paid by the complainant.
``(4) Action in court.--
``(A) In general.--If the Secretary has not issued a final
decision within 210 days after the filing of the complaint,
or within 90 days after receiving a written determination,
the complainant may bring an action at law or equity for de
novo review in the appropriate district court of the United
States with jurisdiction, which shall have jurisdiction over
such an action without regard to the amount in controversy,
and which action shall, at the request of either party to
such action, be tried by the court with a jury. The
proceedings shall be governed by the same legal burdens of
proof specified in paragraph (2)(C).
``(B) Relief.--The court shall have jurisdiction to grant
all relief necessary to make the employee whole, including
injunctive relief and compensatory damages, including--
``(i) reinstatement with the same seniority status that the
employee would have had, but for the discharge or
discrimination;
``(ii) the amount of back pay, with interest; and
``(iii) compensation for any special damages sustained as a
result of the discharge or discrimination, including
litigation costs, expert witness fees, and reasonable
attorney's fees.
``(5) Review.--
``(A) In general.--Unless the complainant brings an action
under paragraph (4), any person adversely affected or
aggrieved by a final order issued under paragraph (3) may
obtain review of the order in the United States Court of
Appeals for the circuit in which the violation, with respect
to which the order was issued, allegedly occurred or the
circuit in which the complainant resided on the date of such
violation. The petition for review must be filed not later
than 60 days after the date of the issuance of the final
order of the Secretary. Review shall conform to chapter 7 of
title 5, United States Code. The commencement of proceedings
under this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
``(B) No judicial review.--An order of the Secretary with
respect to which review could have been obtained under
subparagraph (A) shall not be subject to judicial review in
any criminal or other civil proceeding.
``(6) Failure to comply with order.--Whenever any person
has failed to comply with an order issued under paragraph
(3), the Secretary may file a civil action in the United
States district court for the district in which the violation
was found to occur, or in the United States district court
for the District of Columbia, to enforce such order. In
actions brought under this paragraph, the district courts
shall have jurisdiction to grant all appropriate relief
including, but not limited to, injunctive relief and
compensatory damages.
``(7) Civil action to require compliance.--
``(A) In general.--A person on whose behalf an order was
issued under paragraph (3) may commence a civil action
against the person to whom such order was issued to require
compliance with such order. The appropriate United States
district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to
enforce such order.
``(B) Award.--The court, in issuing any final order under
this paragraph, may award costs of litigation (including
reasonable attorneys' and expert witness fees) to any party
whenever the court determines such award is appropriate.
``(c) Effect of Section.--
``(1) Other laws.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
``(2) Rights of employees.--Nothing in this section shall
be construed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in
this section may not be waived by any agreement, policy,
form, or condition of employment.
``(d) Enforcement.--Any nondiscretionary duty imposed by
this section shall be enforceable in a mandamus proceeding
brought under section 1361 of title 28, United States Code.
``(e) Limitation.--Subsection (a) shall not apply with
respect to an employee of an entity engaged in the
manufacture, processing, packing, transporting, distribution,
reception, holding, or importation of food who, acting
without direction from such entity (or such entity's agent),
deliberately causes a violation of any requirement relating
to any violation or alleged violation of any order, rule,
regulation, standard, or ban under this Act.''.

SEC. 6403. JURISDICTION; AUTHORITIES.

Nothing in this Act, or an amendment made by this Act,
shall be construed to--
(1) alter the jurisdiction between the Secretary of
Agriculture and the Secretary of Health and Human Services,
under applicable statutes, regulations, or agreements
regarding voluntary inspection of non-amenable species under
the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.);
(2) alter the jurisdiction between the Alcohol and Tobacco
Tax and Trade Bureau and the Secretary of Health and Human
Services, under applicable statutes and regulations;
(3) limit the authority of the Secretary of Health and
Human Services under--
(A) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) as in effect on the day before the date of enactment
of this Act; or

[[Page 20106]]

(B) the Public Health Service Act (42 U.S.C. 301 et seq.)
as in effect on the day before the date of enactment of this
Act;
(4) alter or limit the authority of the Secretary of
Agriculture under the laws administered by such Secretary,
including--
(A) the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.);
(B) the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.);
(C) the Egg Products Inspection Act (21 U.S.C. 1031 et
seq.);
(D) the United States Grain Standards Act (7 U.S.C. 71 et
seq.);
(E) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.);
(F) the United States Warehouse Act (7 U.S.C. 241 et seq.);
(G) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.); and
(H) the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with the amendments made by the Agricultural
Marketing Agreement Act of 1937; or
(5) alter, impede, or affect the authority of the Secretary
of Homeland Security under the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) or any other statute, including any
authority related to securing the borders of the United
States, managing ports of entry, or agricultural import and
entry inspection activities.

SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREEMENTS.

Nothing in this Act (or an amendment made by this Act)
shall be construed in a manner inconsistent with the
agreement establishing the World Trade Organization or any
other treaty or international agreement to which the United
States is a party.

SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on this conference
report or amendment between the Houses.
______

SA 4806. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell)
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to
extend the funding and expenditure authority of the Airport and Airway
Trust Fund, to amend title 49, United States Code, to extend
authorizations for the airport improvement program, and for other
purposes; which was ordered to lie on the table; as follows:

On page 1, line 10, strike all after the first word and
insert the following:

1. SHORT TITLE; ETC.

(a) Short Title.--This Act may be cited as the ``Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; etc.

TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2009 tax relief.

TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax
exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for
nonrefundable personal credits.

TITLE III--TEMPORARY ESTATE TAX RELIEF

Sec. 301. Reinstatement of estate tax; repeal of carryover basis.
Sec. 302. Modifications to estate, gift, and generation-skipping
transfer taxes.
Sec. 303. Applicable exclusion amount increased by unused exclusion
amount of deceased spouse.
Sec. 304. Application of EGTRRA sunset to this title.

TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Extension of bonus depreciation; temporary 100 percent
expensing for certain business assets.
Sec. 402. Temporary extension of increased small business expensing.

TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED
MATTERS

Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended
benefit program.
Sec. 503. Technical amendment relating to collection of unemployment
compensation debts.
Sec. 504. Technical correction relating to repeal of continued dumping
and subsidy offset.
Sec. 505. Additional extended unemployment benefits under the Railroad
Unemployment Insurance Act.

TITLE VI--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

Subtitle A--Energy

Sec. 601. Incentives for biodiesel and renewable diesel.
Sec. 602. Credit for refined coal facilities.
Sec. 603. New energy efficient home credit.
Sec. 604. Excise tax credits and outlay payments for alternative fuel
and alternative fuel mixtures.
Sec. 605. Special rule for sales or dispositions to implement FERC or
State electric restructuring policy for qualified
electric utilities.
Sec. 606. Suspension of limitation on percentage depletion for oil and
gas from marginal wells.
Sec. 607. Extension of grants for specified energy property in lieu of
tax credits.
Sec. 608. Energy efficient appliance credit.
Sec. 610. Credit for nonbusiness energy property.
Sec. 611. Alternative fuel vehicle refueling property.

Subtitle B--Individual Tax Relief

Sec. 621. Deduction for certain expenses of elementary and secondary
school teachers.
Sec. 622. Deduction of State and local sales taxes.
Sec. 623. Contributions of capital gain real property made for
conservation purposes.
Sec. 624. Above-the-line deduction for qualified tuition and related
expenses.
Sec. 625. Tax-free distributions from individual retirement plans for
charitable purposes.
Sec. 626. Look-thru of certain regulated investment company stock in
determining gross estate of nonresidents.
Sec. 627. Parity for exclusion from income for employer-provided mass
transit and parking benefits.
Sec. 628. Refunds disregarded in the administration of Federal programs
and federally assisted programs.

Subtitle C--Business Tax Relief

Sec. 631. Research credit.
Sec. 632. Indian employment tax credit.
Sec. 633. New markets tax credit.
Sec. 634. Railroad track maintenance credit.
Sec. 635. Mine rescue team training credit.
Sec. 636. Employer wage credit for employees who are active duty
members of the uniformed services.
Sec. 637. 15-year straight-line cost recovery for qualified leasehold
improvements, qualified restaurant buildings and
improvements, and qualified retail improvements.
Sec. 638. 7-year recovery period for motorsports entertainment
complexes.
Sec. 639. Accelerated depreciation for business property on an Indian
reservation.
Sec. 640. Enhanced charitable deduction for contributions of food
inventory.
Sec. 641. Enhanced charitable deduction for contributions of book
inventories to public schools.
Sec. 642. Enhanced charitable deduction for corporate contributions of
computer inventory for educational purposes.
Sec. 643. Election to expense mine safety equipment.
Sec. 644. Special expensing rules for certain film and television
productions.
Sec. 645. Expensing of environmental remediation costs.
Sec. 646. Deduction allowable with respect to income attributable to
domestic production activities in Puerto Rico.
Sec. 647. Modification of tax treatment of certain payments to
controlling exempt organizations.
Sec. 648. Treatment of certain dividends of regulated investment
companies.
Sec. 649. RIC qualified investment entity treatment under FIRPTA.
Sec. 650. Exceptions for active financing income.
Sec. 651. Look-thru treatment of payments between related controlled
foreign corporations under foreign personal holding
company rules.

[[Page 20107]]

Sec. 652. Basis adjustment to stock of S corps making charitable
contributions of property.
Sec. 653. Empowerment zone tax incentives.
Sec. 654. Tax incentives for investment in the District of Columbia.
Sec. 655. Temporary increase in limit on cover over of rum excise taxes
to Puerto Rico and the Virgin Islands.
Sec. 656. American Samoa economic development credit.
Sec. 657. Work opportunity credit.
Sec. 658. Qualified zone academy bonds.
Sec. 659. Mortgage insurance premiums.
Sec. 660. Temporary exclusion of 100 percent of gain on certain small
business stock.

Subtitle D--Temporary Disaster Relief Provisions

PART I--New York Liberty Zone

Sec. 661. Tax-exempt bond financing.

PART II--GO Zone

Sec. 662. Increase in rehabilitation credit.
Sec. 663. Low-income housing credit rules for buildings in GO zones.
Sec. 664. Tax-exempt bond financing.
Sec. 665. Bonus depreciation deduction applicable to the GO Zone.

TITLE VII--RESCISSIONS

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

Sec. 701. 15 Percent Reduction in appropriations to the Executive
Office of the President and Congress.
Sec. 702. No cost of living adjustment in pay of Members of Congress.
Sec. 703. Freeze on cost of Federal employees (including civilian
employees of the Department of Defense) salaries.
Sec. 704. Reduction in the number of Federal employees.
Sec. 705. Limitation on Government printing costs.
Sec. 706. Limitation of Government travel costs.
Sec. 707. Reduction in Federal vehicle costs.
Sec. 708. Sale of excess Federal property.
Sec. 709. Prohibition on use of Federal funds to pay unemployment
compensation to millionaires.
Sec. 710. Mandatory elimination of duplicative government programs.
Sec. 711. Collection of unpaid taxes from employees of the Federal
Government.
Sec. 712. Ten percent reduction in voluntary contributions to the
United Nations.
Sec. 713. Low-priority construction projects of Corps of Engineers.
Sec. 714. Ten percent reduction in international development and
humanitarian assistance funding.
Sec. 715. Elimination of the Safe and Drug-Free Schools and Communities
program.
Sec. 716. Rescission of amounts for Economic Development
Administration.
Sec. 717. Department of Justice wasteful activities.
Sec. 718. Rescission of amounts for Hollings Manufacturing Partnership
Program and Baldridge Performance Excellence Program.
Sec. 719. Fossil fuel applied research.
Sec. 720. Corporation for Public Broadcasting.
Sec. 721. Fifteen percent reduction in fiscal year 2011 funding for the
Department of Defense for procurement.
Sec. 722. Ten percent reduction in fiscal year 2011 funding for the
Department of Defense for research, development, test,
and evaluation.
Sec. 723. Reduction in Department of Defense spending in support of
military installations.
Sec. 724. Rescission of Diplomatic and Consular Programs funding.
Sec. 725. Elimination of program to pay institutions of higher
education for administrative expenses relating to student
aid program.
Sec. 726. Consolidate all Federal Fire Management Programs and reducing
funding by 10 percent.
Sec. 727. High-energy cost grant program.
Sec. 728. Resource conservation and development programs.
Sec. 729. Repeal of LEAP.
Sec. 730. Elimination of the B.J. Stupak Olympic Scholarships program.
Sec. 731. Repeal of Robert C. Byrd Honors Scholarship Program.
Sec. 732. Elimination of the Historic Whaling and Trading Partners
program.
Sec. 733. Elimination of the Underground Railroad educational and
cultural program.
Sec. 734. Brownfields economic development initiative.
Sec. 735. Election reform grants.
Sec. 736. Election Assistance Commission.
Sec. 737. Emergency operations center grant program.
Sec. 738. Elimination of health care facilities and construction
program.
Sec. 739. High priority surface transportation projects.
Sec. 740. Save America's Treasures Program; Preserve America Program.
Sec. 741. Targeted water infrastructure grants.
Sec. 742. National Park Service Challenge Cost Share Program.
Sec. 743. Termination of the Constellation Program of the National
Aeronautics and Space Administration.
Sec. 744. Delta health initiative.
Sec. 745. Department of Agriculture health care services grant program.
Sec. 746. Elimination of loan repayment for civil legal assistance
attorneys.
Sec. 747. Targeted air shed grant program.
Sec. 748. Requiring transparency and ensuring no special treatment for
the AARP or AMA.

Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

Sec. 760. Findings.
Sec. 761. Tracking excluded providers across State lines.
Sec. 762. Access for private sector and governmental entities.
Sec. 763. Liability of Medicare administrative contractors for claims
submitted by excluded providers.
Sec. 764. Limiting the discharge of debts in bankruptcy proceedings in
cases where a health care provider or a supplier engages
in fraudulent activity.
Sec. 765. Prevention of waste, fraud, and abuse in the Medicaid and
CHIP programs.
Sec. 766. Illegal distribution of a Medicare, Medicaid, or CHIP
beneficiary identification or billing privileges.
Sec. 767. Pilot program for the use of universal product numbers on
claim forms for reimbursement under the Medicare program.
Sec. 768. Prohibition of inclusion of social security account numbers
on Medicare cards.
Sec. 769. Implementation.

TITLE VIII--BUDGETARY PROVISIONS

Sec. 801. Determination of budgetary effects.
Sec. 802. Emergency designations.
Sec. 803. Spending caps.

TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

(a) Temporary Extension.--
(1) In general.--Section 901 of the Economic Growth and Tax
Relief Reconciliation Act of 2001 is amended by striking
``December 31, 2010'' both places it appears and inserting
``December 31, 2012''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001.
(b) Separate Sunset for Expansion of Adoption Benefits
Under the Patient Protection and Affordable Care Act.--
(1) In general.--Subsection (c) of section 10909 of the
Patient Protection and Affordable Care Act is amended to read
as follows:
``(c) Sunset Provision.--Each provision of law amended by
this section is amended to read as such provision would read
if this section had never been enacted. The amendments made
by the preceding sentence shall apply to taxable years
beginning after December 31, 2011.''.
(2) Conforming amendment.--Subsection (d) of section 10909
of such Act is amended by striking ``The amendments'' and
inserting ``Except as provided in subsection (c), the
amendments''.

SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

(a) In General.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is amended by striking
``December 31, 2010'' and inserting ``December 31, 2012''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the enactment of the Jobs
and Growth Tax Relief Reconciliation Act of 2003.

SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

(a) American Opportunity Tax Credit.--
(1) In general.--Section 25A(i) is amended by striking ``or
2010'' and inserting ``, 2010, 2011, or 2012''.
(2) Treatment of possessions.--Section 1004(c)(1) of the
American Recovery and Reinvestment Tax Act of 2009 is amended
by striking ``and 2010'' each place it appears and inserting
``, 2010, 2011, and 2012''.
(b) Child Tax Credit.--Section 24(d)(4) is amended--
(1) by striking ``2009 and 2010'' in the heading and
inserting ``2009, 2010, 2011, and 2012'', and
(2) by striking ``or 2010'' and inserting ``, 2010, 2011,
or 2012''.
(c) Earned Income Tax Credit.--Section 32(b)(3) is
amended--
(1) by striking ``2009 and 2010'' in the heading and
inserting ``2009, 2010, 2011, and 2012'', and
(2) by striking ``or 2010'' and inserting ``, 2010, 2011,
or 2012''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2010.

[[Page 20108]]

TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE
MINIMUM TAX EXEMPTION AMOUNT.

(a) In General.--Paragraph (1) of section 55(d) is
amended--
(1) by striking ``$70,950'' and all that follows through
``2009'' in subparagraph (A) and inserting ``$72,450 in the
case of taxable years beginning in 2010 and $74,450 in the
case of taxable years beginning in 2011'', and
(2) by striking ``$46,700'' and all that follows through
``2009'' in subparagraph (B) and inserting ``$47,450 in the
case of taxable years beginning in 2010 and $48,450 in the
case of taxable years beginning in 2011''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.
(c) Repeal of EGTRRA Sunset.--Title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 (relating to
sunset of provisions of such Act) shall not apply to title
VII of such Act (relating to alternative minimum tax).

SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX
RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

(a) In General.--Paragraph (2) of section 26(a) is
amended--
(1) by striking ``or 2009'' and inserting ``2009, 2010, or
2011'', and
(2) by striking ``2009'' in the heading thereof and
inserting ``2011''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.

TITLE III--TEMPORARY ESTATE TAX RELIEF

SEC. 301. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER
BASIS.

(a) In General.--Each provision of law amended by subtitle
A or E of title V of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended to read as such
provision would read if such subtitle had never been enacted.
(b) Conforming Amendment.--On and after January 1, 2011,
paragraph (1) of section 2505(a) of the Internal Revenue Code
of 1986 is amended to read as such paragraph would read if
section 521(b)(2) of the Economic Growth and Tax Relief
Reconciliation Act of 2001 had never been enacted.
(c) Special Election With Respect to Estates of Decedents
Dying in 2010.--Notwithstanding subsection (a), in the case
of an estate of a decedent dying after December 31, 2009, and
before January 1, 2011, the executor (within the meaning of
section 2203 of the Internal Revenue Code of 1986) may elect
to apply such Code as though the amendments made by
subsection (a) do not apply with respect to chapter 11 of
such Code and with respect to property acquired or passing
from such decedent (within the meaning of section 1014(b) of
such Code). Such election shall be made at such time and in
such manner as the Secretary of the Treasury or the
Secretary's delegate shall provide. Such an election once
made shall be revocable only with the consent of the
Secretary of the Treasury or the Secretary's delegate. For
purposes of section 2652(a)(1) of such Code, the
determination of whether any property is subject to the tax
imposed by such chapter 11 shall be made without regard to
any election made under this subsection.
(d) Extension of Time for Performing Certain Acts.--
(1) Estate tax.--In the case of the estate of a decedent
dying after December 31, 2009, and before the date of the
enactment of this Act, the due date for--
(A) filing any return under section 6018 of the Internal
Revenue Code of 1986 (including any election required to be
made on such a return) as such section is in effect after the
date of the enactment of this Act without regard to any
election under subsection (c),
(B) making any payment of tax under chapter 11 of such
Code, and
(C) making any disclaimer described in section 2518(b) of
such Code of an interest in property passing by reason of the
death of such decedent,

shall not be earlier than the date which is 9 months after
the date of the enactment of this Act.
(2) Generation-skipping tax.--In the case of any
generation-skipping transfer made after December 31, 2009,
and before the date of the enactment of this Act, the due
date for filing any return under section 2662 of the Internal
Revenue Code of 1986 (including any election required to be
made on such a return) shall not be earlier than the date
which is 9 months after the date of the enactment of this
Act.
(e) Effective Date.--Except as otherwise provided in this
section, the amendments made by this section shall apply to
estates of decedents dying, and transfers made, after
December 31, 2009.

SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-
SKIPPING TRANSFER TAXES.

(a) Modifications to Estate Tax.--
(1) $5,000,000 applicable exclusion amount.--Subsection (c)
of section 2010 is amended to read as follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed
were equal to the applicable exclusion amount.
``(2) Applicable exclusion amount.--
``(A) In general.--For purposes of this subsection, the
applicable exclusion amount is $5,000,000.
``(B) Inflation adjustment.--In the case of any decedent
dying in a calendar year after 2011, the dollar amount in
subparagraph (A) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2010' for `calendar year 1992' in subparagraph
(B) thereof.

If any amount as adjusted under the preceding sentence is not
a multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''.
(2) Maximum estate tax rate equal to 35 percent.--
Subsection (c) of section 2001 is amended--
(A) by striking ``Over $500,000'' and all that follows in
the table contained in paragraph (1) and inserting the
following:

``Over $500,000........................... $155,800, plus 35 percent of
the excess of such amount
over $500,000.'',

(B) by striking ``(1) In general.--'', and
(C) by striking paragraph (2).
(b) Modifications to Gift Tax.--
(1) Restoration of unified credit against gift tax.--
(A) In general.--Paragraph (1) of section 2505(a), after
the application of section 301(b), is amended by striking
``(determined as if the applicable exclusion amount were
$1,000,000)''.
(B) Effective date.--The amendment made by this paragraph
shall apply to gifts made after December 31, 2010.
(2) Modification of gift tax rate.--On and after January 1,
2011, subsection (a) of section 2502 is amended to read as
such subsection would read if section 511(d) of the Economic
Growth and Tax Relief Reconciliation Act of 2001 had never
been enacted.
(c) Modification of Generation-skipping Transfer Tax.--In
the case of any generation-skipping transfer made after
December 31, 2009, and before January 1, 2011, the applicable
rate determined under section 2641(a) of the Internal Revenue
Code of 1986 shall be zero.
(d) Modifications of Estate and Gift Taxes to Reflect
Differences in Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) is amended by striking
``if the provisions of subsection (c) (as in effect at the
decedent's death)'' and inserting ``if the modifications
described in subsection (g)''.
(B) Modifications.--Section 2001 is amended by adding at
the end the following new subsection:
``(g) Modifications to Gift Tax Payable to Reflect
Different Tax Rates.--For purposes of applying subsection
(b)(2) with respect to 1 or more gifts, the rates of tax
under subsection (c) in effect at the decedent's death shall,
in lieu of the rates of tax in effect at the time of such
gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit for all
preceding periods under section 2505(a)(2).''.
(2) Gift tax.--Section 2505(a) is amended by adding at the
end the following new flush sentence:

``For purposes of applying paragraph (2) for any calendar
year, the rates of tax in effect under section 2502(a)(2) for
such calendar year shall, in lieu of the rates of tax in
effect for preceding calendar periods, be used in determining
the amounts allowable as a credit under this section for all
preceding calendar periods.''.
(e) Conforming Amendment.--Section 2511 is amended by
striking subsection (c).
(f) Effective Date.--Except as otherwise provided in this
section, the amendments made by this section shall apply to
estates of decedents dying, generation-skipping transfers,
and gifts made, after December 31, 2009.

SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY UNUSED
EXCLUSION AMOUNT OF DECEASED SPOUSE.

(a) In General.--Section 2010(c), as amended by section
302(a), is amended by striking paragraph (2) and inserting
the following new paragraphs:
``(2) Applicable exclusion amount.--For purposes of this
subsection, the applicable exclusion amount is the sum of--
``(A) the basic exclusion amount, and
``(B) in the case of a surviving spouse, the deceased
spousal unused exclusion amount.
``(3) Basic exclusion amount.--
``(A) In general.--For purposes of this subsection, the
basic exclusion amount is $5,000,000.
``(B) Inflation adjustment.--In the case of any decedent
dying in a calendar year

[[Page 20109]]

after 2011, the dollar amount in subparagraph (A) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2010' for `calendar year 1992' in subparagraph
(B) thereof.

If any amount as adjusted under the preceding sentence is not
a multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.
``(4) Deceased spousal unused exclusion amount.--For
purposes of this subsection, with respect to a surviving
spouse of a deceased spouse dying after December 31, 2010,
the term `deceased spousal unused exclusion amount' means the
lesser of--
``(A) the basic exclusion amount, or
``(B) the excess of--
``(i) the basic exclusion amount of the last such deceased
spouse of such surviving spouse, over
``(ii) the amount with respect to which the tentative tax
is determined under section 2001(b)(1) on the estate of such
deceased spouse.
``(5) Special rules.--
``(A) Election required.--A deceased spousal unused
exclusion amount may not be taken into account by a surviving
spouse under paragraph (2) unless the executor of the estate
of the deceased spouse files an estate tax return on which
such amount is computed and makes an election on such return
that such amount may be so taken into account. Such election,
once made, shall be irrevocable. No election may be made
under this subparagraph if such return is filed after the
time prescribed by law (including extensions) for filing such
return.
``(B) Examination of prior returns after expiration of
period of limitations with respect to deceased spousal unused
exclusion amount.--Notwithstanding any period of limitation
in section 6501, after the time has expired under section
6501 within which a tax may be assessed under chapter 11 or
12 with respect to a deceased spousal unused exclusion
amount, the Secretary may examine a return of the deceased
spouse to make determinations with respect to such amount for
purposes of carrying out this subsection.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
this subsection.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 2505(a), as amended by section
302(b)(1), is amended to read as follows:
``(1) the applicable credit amount in effect under section
2010(c) which would apply if the donor died as of the end of
the calendar year, reduced by''.
(2) Section 2631(c) is amended by striking ``the applicable
exclusion amount'' and inserting ``the basic exclusion
amount''.
(3) Section 6018(a)(1) is amended by striking ``applicable
exclusion amount'' and inserting ``basic exclusion amount''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to estates of
decedents dying and gifts made after December 31, 2010.
(2) Conforming amendment relating to generation-skipping
transfers.--The amendment made by subsection (b)(2) shall
apply to generation-skipping transfers after December 31,
2010.

SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE.

Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall apply to the amendments made
by this title.

TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100
PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.

(a) In General.--Paragraph (2) of section 168(k) is
amended--
(1) by striking ``January 1, 2012'' in subparagraph (A)(iv)
and inserting ``January 1, 2014'', and
(2) by striking ``January 1, 2011'' each place it appears
and inserting ``January 1, 2013''.
(b) Temporary 100 Percent Expensing.--Subsection (k) of
section 168 is amended by adding at the end the following new
paragraph:
``(5) Special rule for property acquired during certain
pre-2012 periods.--In the case of qualified property acquired
by the taxpayer (under rules similar to the rules of clauses
(ii) and (iii) of paragraph (2)(A)) after September 8, 2010,
and before January 1, 2012, and which is placed in service by
the taxpayer before January 1, 2012 (January 1, 2013, in the
case of property described in subparagraph (2)(B) or (2)(C)),
paragraph (1)(A) shall be applied by substituting `100
percent' for `50 percent'.''.
(c) Extension of Election to Accelerate the AMT Credit in
Lieu of Bonus Depreciation.--
(1) Extension.--Clause (iii) of section 168(k)(4)(D) is
amended by striking ``or production'' and all that follows
and inserting ``or production--

``(I) after March 31, 2008, and before January 1, 2010, and
``(II) after December 31, 2010, and before January 1, 2013,

shall be taken into account under subparagraph (B)(ii)
thereof,''.
(2) Rules for round 2 extension property.--Paragraph (4) of
section 168(k) is amended by adding at the end the following
new subparagraph:
``(I) Special rules for round 2 extension property.--
``(i) In general.--In the case of round 2 extension
property, this paragraph shall be applied without regard to--

``(I) the limitation described in subparagraph (B)(i)
thereof, and
``(II) the business credit increase amount under
subparagraph (E)(iii) thereof.

``(ii) Taxpayers previously electing acceleration.--In the
case of a taxpayer who made the election under subparagraph
(A) for its first taxable year ending after March 31, 2008,
or a taxpayer who made the election under subparagraph
(H)(ii) for its first taxable year ending after December 31,
2008--

``(I) the taxpayer may elect not to have this paragraph
apply to round 2 extension property, but
``(II) if the taxpayer does not make the election under
subclause (I), in applying this paragraph to the taxpayer the
bonus depreciation amount, maximum amount, and maximum
increase amount shall be computed and applied to eligible
qualified property which is round 2 extension property.

The amounts described in subclause (II) shall be computed
separately from any amounts computed with respect to eligible
qualified property which is not round 2 extension property.
``(iii) Taxpayers not previously electing acceleration.--In
the case of a taxpayer who neither made the election under
subparagraph (A) for its first taxable year ending after
March 31, 2008, nor made the election under subparagraph
(H)(ii) for its first taxable year ending after December 31,
2008--

``(I) the taxpayer may elect to have this paragraph apply
to its first taxable year ending after December 31, 2010, and
each subsequent taxable year, and
``(II) if the taxpayer makes the election under subclause
(I), this paragraph shall only apply to eligible qualified
property which is round 2 extension property.

``(iv) Round 2 extension property.--For purposes of this
subparagraph, the term `round 2 extension property' means
property which is eligible qualified property solely by
reason of the extension of the application of the special
allowance under paragraph (1) pursuant to the amendments made
by section 401(a) of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 (and the
application of such extension to this paragraph pursuant to
the amendment made by section 401(c)(1) of such Act).''.
(d) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 is
amended by striking ``January 1, 2011'' and inserting
``January 1, 2013''.
(2) The heading for clause (ii) of section 168(k)(2)(B) is
amended by striking ``pre-january 1, 2011'' and inserting
``pre-january 1, 2013''.
(3) Subparagraph (D) of section 168(k)(4) is amended--
(A) by striking clauses (iv) and (v),
(B) by inserting ``and'' at the end of clause (ii), and
(C) by striking the comma at the end of clause (iii) and
inserting a period.
(4) Paragraph (5) of section 168(l) is amended--
(A) by inserting ``and'' at the end of subparagraph (A),
(B) by striking subparagraph (B), and
(C) by redesignating subparagraph (C) as subparagraph (B).
(5) Subparagraph (C) of section 168(n)(2) is amended by
striking ``January 1, 2011'' and inserting ``January 1,
2013''.
(6) Subparagraph (D) of section 1400L(b)(2) is amended by
striking ``January 1, 2011'' and inserting ``January 1,
2013''.
(7) Subparagraph (B) of section 1400N(d)(3) is amended by
striking ``January 1, 2011'' and inserting ``January 1,
2013''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property
placed in service after December 31, 2010, in taxable years
ending after such date.
(2) Temporary 100 percent expensing.--The amendment made by
subsection (b) shall apply to property placed in service
after September 8, 2010, in taxable years ending after such
date.

SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS
EXPENSING.

[[Page 20110]]

``(C) $500,000 in the case of taxable years beginning in
2012, and
``(D) $200,000 in the case of taxable years beginning after
2012.''.
(c) Inflation Adjustment.--Subsection (b) of section 179 is
amended by adding at the end the following new paragraph:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in calendar year 2012, the $125,000 and $500,000
amounts in paragraphs (1)(C) and (2)(C) shall each be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 2006' for
`calendar year 1992' in subparagraph (B) thereof.
``(B) Rounding.--
``(i) Dollar limitation.--If the amount in paragraph (1) as
increased under subparagraph (A) is not a multiple of $1,000,
such amount shall be rounded to the nearest multiple of
$1,000.
``(ii) Phaseout amount.--If the amount in paragraph (2) as
increased under subparagraph (A) is not a multiple of
$10,000, such amount shall be rounded to the nearest multiple
of $10,000.''.
(d) Computer Software.--Section 179(d)(1)(A)(ii) is amended
by striking ``2012'' and inserting ``2013''.
(e) Conforming Amendment.--Section 179(c)(2) is amended by
striking ``2012'' and inserting ``2013''.
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2011.

TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED
MATTERS

SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE
PROVISIONS.

(a) In General.--(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(A) by striking ``November 30, 2010'' each place it appears
and inserting ``January 3, 2012'';
(B) in the heading for subsection (b)(2), by striking
``november 30, 2010'' and inserting ``january 3, 2012''; and
(C) in subsection (b)(3), by striking ``April 30, 2011''
and inserting ``June 9, 2012''.
(2) Section 2005 of the Assistance for Unemployed Workers
and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note; 123 Stat. 444), is amended--
(A) by striking ``December 1, 2010'' each place it appears
and inserting ``January 4, 2012''; and
(B) in subsection (c), by striking ``May 1, 2011'' and
inserting ``June 11, 2012''.
(3) Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is
amended by striking ``April 30, 2011'' and inserting ``June
10, 2012''.
(b) Funding.--Section 4004(e)(1) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (F) the following:
``(G) the amendments made by section 501(a)(1) of the Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010; and''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of the
Unemployment Compensation Extension Act of 2010 (Public Law
111-205).

SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE
EXTENDED BENEFIT PROGRAM.

(a) Indicator.--Section 203(d) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) is amended, in the flush matter following
paragraph (2), by inserting after the first sentence the
following sentence: ``Effective with respect to compensation
for weeks of unemployment beginning after the date of
enactment of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 (or, if later,
the date established pursuant to State law), and ending on or
before December 31, 2011, the State may by law provide that
the determination of whether there has been a state `on' or
`off' indicator beginning or ending any extended benefit
period shall be made under this subsection as if the word
`two' were `three' in subparagraph (1)(A).''.
(b) Alternative Trigger.--Section 203(f) of the Federal-
State Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Effective with respect to compensation for weeks of
unemployment beginning after the date of enactment of the Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010 (or, if later, the date established
pursuant to State law), and ending on or before December 31,
2011, the State may by law provide that the determination of
whether there has been a state `on' or `off' indicator
beginning or ending any extended benefit period shall be made
under this subsection as if the word `either' were `any', the
word ``both'' were `all', and the figure `2' were `3' in
clause (1)(A)(ii).''.

SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF
UNEMPLOYMENT COMPENSATION DEBTS.

(a) In General.--Section 6402(f)(3)(C), as amended by
section 801 of the Claims Resolution Act of 2010, is amended
by striking ``is not a covered unemployment compensation
debt'' and inserting ``is a covered unemployment compensation
debt''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in section 801 of the Claims
Resolution Act of 2010.

SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF
CONTINUED DUMPING AND SUBSIDY OFFSET.

(a) In General.--Section 822(2)(A) of the Claims Resolution
Act of 2010 is amended by striking ``or'' and inserting
``and''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the provisions of the
Claims Resolution Act of 2010.

SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE
RAILROAD UNEMPLOYMENT INSURANCE ACT.

(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act, as added by section 2006 of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) and as amended by section 9 of the Worker,
Homeownership, and Business Assistance Act of 2009 (Public
Law 111-92), is amended--
(1) by striking ``June 30, 2010'' and inserting ``June 30,
2011''; and
(2) by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(b) Clarification on Authority to Use Funds.--Funds
appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act shall be available to cover the
cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments
made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect
on the day before the date of the enactment of this Act.

TITLE VI--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

Subtitle A--Energy

SEC. 601. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

(a) Credits for Biodiesel and Renewable Diesel Used as
Fuel.--Subsection (g) of section 40A is amended by striking
``December 31, 2009'' and inserting ``December 31, 2011''.
(b) Excise Tax Credits and Outlay Payments for Biodiesel
and Renewable Diesel Fuel Mixtures.--
(1) Paragraph (6) of section 6426(c) is amended by striking
``December 31, 2009'' and inserting ``December 31, 2011''.
(2) Subparagraph (B) of section 6427(e)(6) is amended by
striking ``December 31, 2009'' and inserting ``December 31,
2011''.
(c) Special Rule for 2010.--Notwithstanding any other
provision of law, in the case of any biodiesel mixture credit
properly determined under section 6426(c) of the Internal
Revenue Code of 1986 for periods during 2010, such credit
shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of
such Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate) shall
provide. Such Secretary shall issue guidance within 30 days
after the date of the enactment of this Act providing for a
one-time submission of claims covering periods during 2010.
Such guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by
such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such
Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this
subsection within 60 days after the date of the filing of
such claim, the claim shall be paid with interest from such
date determined by using the overpayment rate and method
under section 6621 of such Code.
(d) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2009.

SEC. 602. CREDIT FOR REFINED COAL FACILITIES.

(a) In General.--Subparagraph (B) of section 45(d)(8) is
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(b) Effective Date.--The amendment made by this section
shall apply to facilities placed in service after December
31, 2009.

SEC. 603. NEW ENERGY EFFICIENT HOME CREDIT.

(a) In General.--Subsection (g) of section 45L is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to homes acquired after December 31, 2009.

SEC. 604. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR
ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES.

(a) In General.--Sections 6426(d)(5), 6426(e)(3), and
6427(e)(6)(C) are each amended

[[Page 20111]]

by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Exclusion of Black Liquor From Credit Eligibility.--The
last sentence of section 6426(d)(2) is amended by striking
``or biodiesel'' and inserting ``biodiesel, or any fuel
(including lignin, wood residues, or spent pulping liquors)
derived from the production of paper or pulp''.
(c) Special Rule for 2010.--Notwithstanding any other
provision of law, in the case of any alternative fuel credit
or any alternative fuel mixture credit properly determined
under subsection (d) or (e) of section 6426 of the Internal
Revenue Code of 1986 for periods during 2010, such credit
shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of
such Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate) shall
provide. Such Secretary shall issue guidance within 30 days
after the date of the enactment of this Act providing for a
one-time submission of claims covering periods during 2010.
Such guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by
such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such
Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this
subsection within 60 days after the date of the filing of
such claim, the claim shall be paid with interest from such
date determined by using the overpayment rate and method
under section 6621 of such Code.
(d) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2009.

SEC. 605. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT
FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR
QUALIFIED ELECTRIC UTILITIES.

(a) In General.--Paragraph (3) of section 451(i) is amended
by striking ``January 1, 2010'' and inserting ``January 1,
2012''.
(b) Effective Date.--The amendment made by this section
shall apply to dispositions after December 31, 2009.

SEC. 606. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION
FOR OIL AND GAS FROM MARGINAL WELLS.

(a) In General.--Clause (ii) of section 613A(c)(6)(H) is
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 607. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY
IN LIEU OF TAX CREDITS.

(a) In General.--Subsection (a) of section 1603 of division
B of the American Recovery and Reinvestment Act of 2009 is
amended--
(1) in paragraph (1), by striking ``2009 or 2010'' and
inserting ``2009, 2010, or 2011'', and
(2) in paragraph (2)--
(A) by striking ``after 2010'' and inserting ``after
2011'', and
(B) by striking ``2009 or 2010'' and inserting ``2009,
2010, or 2011''.
(b) Conforming Amendment.--Subsection (j) of section 1603
of division B of such Act is amended by striking ``2011'' and
inserting ``2012''.

SEC. 608. ENERGY EFFICIENT APPLIANCE CREDIT.

(a) Dishwashers.--Paragraph (1) of section 45M(b) is
amended by striking ``and'' at the end of subparagraph (A),
by striking the period at the end of subparagraph (B) and
inserting a comma, and by adding at the end the following new
subparagraphs:
``(C) $25 in the case of a dishwasher which is manufactured
in calendar year 2011 and which uses no more than 307
kilowatt hours per year and 5.0 gallons per cycle (5.5
gallons per cycle for dishwashers designed for greater than
12 place settings),
``(D) $50 in the case of a dishwasher which is manufactured
in calendar year 2011 and which uses no more than 295
kilowatt hours per year and 4.25 gallons per cycle (4.75
gallons per cycle for dishwashers designed for greater than
12 place settings), and
``(E) $75 in the case of a dishwasher which is manufactured
in calendar year 2011 and which uses no more than 280
kilowatt hours per year and 4 gallons per cycle (4.5 gallons
per cycle for dishwashers designed for greater than 12 place
settings).''.
(b) Clothes Washers.--Paragraph (2) of section 45M(b) is
amended by striking ``and'' at the end of subparagraph (C),
by striking the period at the end of subparagraph (D) and
inserting a comma, and by adding at the end the following new
subparagraphs:
``(E) $175 in the case of a top-loading clothes washer
manufactured in calendar year 2011 which meets or exceeds a
2.2 modified energy factor and does not exceed a 4.5 water
consumption factor, and
``(F) $225 in the case of a clothes washer manufactured in
calendar year 2011--
``(i) which is a top-loading clothes washer and which meets
or exceeds a 2.4 modified energy factor and does not exceed a
4.2 water consumption factor, or
``(ii) which is a front-loading clothes washer and which
meets or exceeds a 2.8 modified energy factor and does not
exceed a 3.5 water consumption factor.''.
(c) Refrigerators.--Paragraph (3) of section 45M(b) is
amended by striking ``and'' at the end of subparagraph (C),
by striking the period at the end of subparagraph (D) and
inserting a comma, and by adding at the end the following new
subparagraphs:
``(E) $150 in the case of a refrigerator manufactured in
calendar year 2011 which consumes at least 30 percent less
energy than the 2001 energy conservation standards, and
``(F) $200 in the case of a refrigerator manufactured in
calendar year 2011 which consumes at least 35 percent less
energy than the 2001 energy conservation standards.''.
(d) Rebasing of Limitations.--
(1) In general.--Paragraph (1) of section 45M(e) is
amended--
(A) by striking ``$75,000,000'' and inserting
``$25,000,000'', and
(B) by striking ``December 31, 2007'' and inserting
``December 31, 2010''.
(2) Exception for certain refrigerators and clothes
washers.--Paragraph (2) of section 45M(e) is amended--
(A) by striking ``subsection (b)(3)(D)'' and inserting
``subsection (b)(3)(F)'', and
(B) by striking ``subsection (b)(2)(D)'' and inserting
``subsection (b)(2)(F)''.
(3) Gross receipts limitation.--Paragraph (3) of section
45M(e) is amended by striking ``2 percent'' and inserting ``4
percent''.
(e) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall apply to appliances produced after
December 31, 2010.
(2) Limitations.--The amendments made by subsection (d)
shall apply to taxable years beginning after December 31,
2010.

SEC. 609. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

(a) Extension.--Section 25C(g)(2) is amended by striking
``2010'' and inserting ``2011''.
(b) Return to Pre-ARRA Limitations and Standards.--
(1) In general.--Subsections (a) and (b) of section 25C are
amended to read as follows:
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to the sum
of--
``(1) 10 percent of the amount paid or incurred by the
taxpayer for qualified energy efficiency improvements
installed during such taxable year, and
``(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable year.
``(b) Limitations.--
``(1) Lifetime limitation.--The credit allowed under this
section with respect to any taxpayer for any taxable year
shall not exceed the excess (if any) of $500 over the
aggregate credits allowed under this section with respect to
such taxpayer for all prior taxable years ending after
December 31, 2005.
``(2) Windows.--In the case of amounts paid or incurred for
components described in subsection (c)(2)(B) by any taxpayer
for any taxable year, the credit allowed under this section
with respect to such amounts for such year shall not exceed
the excess (if any) of $200 over the aggregate credits
allowed under this section with respect to such amounts for
all prior taxable years ending after December 31, 2005.
``(3) Limitation on residential energy property
expenditures.--The amount of the credit allowed under this
section by reason of subsection (a)(2) shall not exceed--
``(A) $50 for any advanced main air circulating fan,
``(B) $150 for any qualified natural gas, propane, or oil
furnace or hot water boiler, and
``(C) $300 for any item of energy-efficient building
property.''.
(2) Modification of standards.--
(A) In general.--Paragraph (1) of section 25C(c) is amended
by striking ``2000'' and all that follows through ``this
section'' and inserting ``2009 International Energy
Conservation Code, as such Code (including supplements) is in
effect on the date of the enactment of the American Recovery
and Reinvestment Tax Act of 2009''.
(B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is
amended by striking ``, as measured using a lower heating
value''.
(C) Oil furnaces and hot water boilers.--
(i) In general.--Paragraph (4) of section 25C(d) is amended
to read as follows:
``(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term `qualified natural gas, propane, or
oil furnace or hot water boiler' means a natural gas,
propane, or oil furnace or hot water boiler which achieves an
annual fuel utilization efficiency rate of not less than
95.''.
(ii) Conforming amendment.--Clause (ii) of section
25C(d)(2)(A) is amended to read as follows:
``(ii) a qualified natural gas, propane, or oil furnace or
hot water boiler, or''.
(D) Exterior windows, doors, and skylights.--
(i) In general.--Subsection (c) of section 25C is amended
by striking paragraph (4).
(ii) Application of energy star standards.--Paragraph (1)
of section 25C(c) is amended by inserting ``an exterior
window, a skylight, an exterior door,'' after ``in the case
of'' in the matter preceding subparagraph (A).
(E) Insulation.--Subparagraph (A) of section 25C(c)(2) is
amended by striking ``and meets the prescriptive criteria for
such material or system established by the 2009 International
Energy Conservation Code, as such Code (including
supplements) is in effect on the date of the enactment of the

[[Page 20112]]

American Recovery and Reinvestment Tax Act of 2009''.
(3) Subsidized energy financing.--Subsection (e) of section
25C is amended by adding at the end the following new
paragraph:
``(3) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made
by any individual with respect to any property, there shall
not be taken into account expenditures which are made from
subsidized energy financing (as defined in section
48(a)(4)(C)).''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2010.

SEC. 610. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

(a) Extension of Credit.--Paragraph (2) of section 30C(g)
is amended by striking ``December 31, 2010'' and inserting
``December 31, 2011.''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2010.

Subtitle B--Individual Tax Relief

SEC. 621. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND
SECONDARY SCHOOL TEACHERS.

(a) In General.--Subparagraph (D) of section 62(a)(2) is
amended by striking ``or 2009'' and inserting ``2009, 2010,
or 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 622. DEDUCTION OF STATE AND LOCAL SALES TAXES.

(a) In General.--Subparagraph (I) of section 164(b)(5) is
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 623. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE
FOR CONSERVATION PURPOSES.

(a) In General.--Clause (vi) of section 170(b)(1)(E) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Contributions by Certain Corporate Farmers and
Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by
striking ``December 31, 2009'' and inserting ``December 31,
2011''.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2009.

SEC. 624. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND
RELATED EXPENSES.

(a) In General.--Subsection (e) of section 222 is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 625. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.

(a) In General.--Subparagraph (F) of section 408(d)(8) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date; Special Rule.--
(1) Effective date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after December 31, 2009.
(2) Special rule.--For purposes of subsections (a)(6),
(b)(3), and (d)(8) of section 408 of the Internal Revenue
Code of 1986, at the election of the taxpayer (at such time
and in such manner as prescribed by the Secretary of the
Treasury) any qualified charitable distribution made after
December 31, 2010, and before February 1, 2011, shall be
deemed to have been made on December 31, 2010.

SEC. 626. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY
STOCK IN DETERMINING GROSS ESTATE OF
NONRESIDENTS.

(a) In General.--Paragraph (3) of section 2105(d) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to estates of decedents dying after December 31,
2009.

SEC. 627. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
PROVIDED MASS TRANSIT AND PARKING BENEFITS.

(a) In General.--Paragraph (2) of section 132(f) is amended
by striking ``January 1, 2011'' and inserting ``January 1,
2012''.
(b) Effective Date.--The amendment made by this section
shall apply to months after December 31, 2010.

SEC. 628. REFUNDS DISREGARDED IN THE ADMINISTRATION OF
FEDERAL PROGRAMS AND FEDERALLY ASSISTED
PROGRAMS.

(a) In General.--Subchapter A of chapter 65 is amended by
adding at the end the following new section:

``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF
FEDERAL PROGRAMS AND FEDERALLY ASSISTED
PROGRAMS.

``(a) In General.--Notwithstanding any other provision of
law, any refund (or advance payment with respect to a
refundable credit) made to any individual under this title
shall not be taken into account as income, and shall not be
taken into account as resources for a period of 12 months
from receipt, for purposes of determining the eligibility of
such individual (or any other individual) for benefits or
assistance (or the amount or extent of benefits or
assistance) under any Federal program or under any State or
local program financed in whole or in part with Federal
funds.
``(b) Termination.--Subsection (a) shall not apply to any
amount received after December 31, 2012.''.
(b) Clerical Amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:

``Sec. 6409. Refunds disregarded in the administration of Federal
programs and federally assisted programs.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts received after December 31, 2009.

Subtitle C--Business Tax Relief

SEC. 631. RESEARCH CREDIT.

(a) In General.--Subparagraph (B) of section 41(h)(1) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Conforming Amendment.--Subparagraph (D) of section
45C(b)(1) is amended by striking ``December 31, 2009'' and
inserting ``December 31, 2011''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2009.

SEC. 632. INDIAN EMPLOYMENT TAX CREDIT.

(a) In General.--Subsection (f) of section 45A is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 633. NEW MARKETS TAX CREDIT.

(a) In General.--Paragraph (1) of section 45D(f) is
amended--
(1) by striking ``and'' at the end of subparagraph (E),
(2) by striking the period at the end of subparagraph (F),
and
(3) by adding at the end the following new subparagraph:
``(G) $3,500,000,000 for 2010 and 2011.''.
(b) Conforming Amendment.--Paragraph (3) of section 45D(f)
is amended by striking ``2014'' and inserting ``2016''.
(c) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after 2009.

SEC. 634. RAILROAD TRACK MAINTENANCE CREDIT.

(a) In General.--Subsection (f) of section 45G is amended
by striking ``January 1, 2010'' and inserting ``January 1,
2012''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2009.

SEC. 635. MINE RESCUE TEAM TRAINING CREDIT.

(a) In General.--Subsection (e) of section 45N is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 636. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE
DUTY MEMBERS OF THE UNIFORMED SERVICES.

(a) In General.--Subsection (f) of section 45P is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to payments made after December 31, 2009.

SEC. 637. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED
LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT
BUILDINGS AND IMPROVEMENTS, AND QUALIFIED
RETAIL IMPROVEMENTS.

(a) In General.--Clauses (iv), (v), and (ix) of section
168(e)(3)(E) are each amended by striking ``January 1, 2010''
and inserting ``January 1, 2012''.
(b) Conforming Amendments.--
(1) Clause (i) of section 168(e)(7)(A) is amended by
striking ``if such building is placed in service after
December 31, 2008, and before January 1, 2010,''.
(2) Paragraph (8) of section 168(e) is amended by striking
subparagraph (E).
(3) Section 179(f)(2) is amended--
(A) by striking ``(without regard to the dates specified in
subparagraph (A)(i) thereof)'' in subparagraph (B), and
(B) by striking ``(without regard to subparagraph (E)
thereof)'' in subparagraph (C).
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2009.

SEC. 638. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS
ENTERTAINMENT COMPLEXES.

(a) In General.--Subparagraph (D) of section 168(i)(15) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2009.

SEC. 639. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON
AN INDIAN RESERVATION.

(a) In General.--Paragraph (8) of section 168(j) is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2009.

[[Page 20113]]

SEC. 640. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF
FOOD INVENTORY.

(a) In General.--Clause (iv) of section 170(e)(3)(C) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after December 31, 2009.

SEC. 641. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF
BOOK INVENTORIES TO PUBLIC SCHOOLS.

(a) In General.--Clause (iv) of section 170(e)(3)(D) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after December 31, 2009.

SEC. 642. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE
CONTRIBUTIONS OF COMPUTER INVENTORY FOR
EDUCATIONAL PURPOSES.

(a) In General.--Subparagraph (G) of section 170(e)(6) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2009.

SEC. 643. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

(a) In General.--Subsection (g) of section 179E is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2009.

SEC. 644. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND
TELEVISION PRODUCTIONS.

(a) In General.--Subsection (f) of section 181 is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to productions commencing after December 31,
2009.

SEC. 645. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

(a) In General.--Subsection (h) of section 198 is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred after December
31, 2009.

SEC. 646. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES
IN PUERTO RICO.

(a) In General.--Subparagraph (C) of section 199(d)(8) is
amended--
(1) by striking ``first 4 taxable years'' and inserting
``first 6 taxable years''; and
(2) by striking ``January 1, 2010'' and inserting ``January
1, 2012''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 647. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.

(a) In General.--Clause (iv) of section 512(b)(13)(E) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to payments received or accrued after December
31, 2009.

SEC. 648. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED
INVESTMENT COMPANIES.

(a) In General.--Paragraphs (1)(C) and (2)(C) of section
871(k) are each amended by striking ``December 31, 2009'' and
inserting ``December 31, 2011''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 649. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER
FIRPTA.

(a) In General.--Clause (ii) of section 897(h)(4)(A) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect on January 1, 2010. Notwithstanding the preceding
sentence, such amendment shall not apply with respect to the
withholding requirement under section 1445 of the Internal
Revenue Code of 1986 for any payment made before the date of
the enactment of this Act.
(2) Amounts withheld on or before date of enactment.--In
the case of a regulated investment company--
(A) which makes a distribution after December 31, 2009, and
before the date of the enactment of this Act; and
(B) which would (but for the second sentence of paragraph
(1)) have been required to withhold with respect to such
distribution under section 1445 of such Code,
such investment company shall not be liable to any person to
whom such distribution was made for any amount so withheld
and paid over to the Secretary of the Treasury.

SEC. 650. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

(a) In General.--Sections 953(e)(10) and 954(h)(9) are each
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(b) Conforming Amendment.--Section 953(e)(10) is amended by
striking ``December 31, 2009'' and inserting ``December 31,
2011''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2009, and to taxable years of
United States shareholders with or within which any such
taxable year of such foreign corporation ends.

SEC. 651. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED
CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN
PERSONAL HOLDING COMPANY RULES.

(a) In General.--Subparagraph (C) of section 954(c)(6) is
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2009, and to taxable years of
United States shareholders with or within which any such
taxable year of such foreign corporation ends.

SEC. 652. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING
CHARITABLE CONTRIBUTIONS OF PROPERTY.

(a) In General.--Paragraph (2) of section 1367(a) is
amended by striking ``December 31, 2009'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2009.

SEC. 653. EMPOWERMENT ZONE TAX INCENTIVES.

(a) In General.--Section 1391 is amended--
(1) by striking ``December 31, 2009'' in subsection
(d)(1)(A)(i) and inserting ``December 31, 2011''; and
(2) by striking the last sentence of subsection (h)(2).
(b) Increased Exclusion of Gain on Stock of Empowerment
Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is
amended--
(1) by striking ``December 31, 2014'' and inserting
``December 31, 2016''; and
(2) by striking ``2014'' in the heading and inserting
``2016''.
(c) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment
zone the nomination for which included a termination date
which is contemporaneous with the date specified in
subparagraph (A)(i) of section 1391(d)(1) of the Internal
Revenue Code of 1986 (as in effect before the enactment of
this Act), subparagraph (B) of such section shall not apply
with respect to such designation if, after the date of the
enactment of this section, the entity which made such
nomination amends the nomination to provide for a new
termination date in such manner as the Secretary of the
Treasury (or the Secretary's designee) may provide.
(d) Effective Date.--The amendments made by this section
shall apply to periods after December 31, 2009.

SEC. 654. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF
COLUMBIA.

(a) In General.--Subsection (f) of section 1400 is amended
by striking ``December 31, 2009'' each place it appears and
inserting ``December 31, 2011''.
(b) Tax-Exempt DC Empowerment Zone Bonds.--Subsection (b)
of section 1400A is amended by striking ``December 31, 2009''
and inserting ``December 31, 2011''.
(c) Zero-Percent Capital Gains Rate.--
(1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A),
(4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(2) Limitation on period of gains.--
(A) In general.--Paragraph (2) of section 1400B(e) is
amended--
(i) by striking ``December 31, 2014'' and inserting
``December 31, 2016''; and
(ii) by striking ``2014'' in the heading and inserting
``2016''.
(B) Partnerships and s-corps.--Paragraph (2) of section
1400B(g) is amended by striking ``December 31, 2014'' and
inserting ``December 31, 2016''.
(d) First-Time Homebuyer Credit.--Subsection (i) of section
1400C is amended by striking ``January 1, 2010'' and
inserting ``January 1, 2012''.
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to periods after December 31, 2009.
(2) Tax-exempt dc empowerment zone bonds.--The amendment
made by subsection (b) shall apply to bonds issued after
December 31, 2009.
(3) Acquisition dates for zero-percent capital gains
rate.--The amendments made by subsection (c) shall apply to
property acquired or substantially improved after December
31, 2009.
(4) Homebuyer credit.--The amendment made by subsection (d)
shall apply to homes purchased after December 31, 2009.

SEC. 655. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM
EXCISE TAXES TO PUERTO RICO AND THE VIRGIN
ISLANDS.

(a) In General.--Paragraph (1) of section 7652(f) is
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(b) Effective Date.--The amendment made by this section
shall apply to distilled spirits brought into the United
States after December 31, 2009.

[[Page 20114]]

SEC. 656. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

(a) In General.--Subsection (d) of section 119 of division
A of the Tax Relief and Health Care Act of 2006 is amended--
(1) by striking ``first 4 taxable years'' and inserting
``first 6 taxable years'', and
(2) by striking ``January 1, 2010'' and inserting ``January
1, 2012''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 657. WORK OPPORTUNITY CREDIT.

(a) In General.--Subparagraph (B) of section 51(c)(4) is
amended by striking ``August 31, 2011'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to individuals who begin work for the employer
after the date of the enactment of this Act.

SEC. 658. QUALIFIED ZONE ACADEMY BONDS.

(a) In General.--Section 54E(c)(1) is amended--
(1) by striking ``2008 and'' and inserting ``2008,'', and
(2) by inserting ``and $400,000,000 for 2011'' after
``2010,''.
(b) Repeal of Refundable Credit for QZABs.--Paragraph (3)
of section 6431(f) is amended by inserting ``determined
without regard to any allocation relating to the national
zone academy bond limitation for 2011 or any carryforward of
such allocation'' after ``54E)'' in subparagraph (A)(iii).
(c) Effective Date.--The amendments made by this section
shall apply to obligations issued after December 31, 2010.

SEC. 659. MORTGAGE INSURANCE PREMIUMS.

(a) In General.--Clause (iv) of section 163(h)(3)(E) is
amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or accrued after December 31,
2010.

SEC. 660. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON
CERTAIN SMALL BUSINESS STOCK.

(a) In General.--Paragraph (4) of section 1202(a) is
amended--
(1) by striking ``January 1, 2011'' and inserting ``January
1, 2012'', and
(2) by inserting ``and 2011'' after ``2010'' in the heading
thereof.
(b) Effective Date.--The amendments made by this section
shall apply to stock acquired after December 31, 2010.

Subtitle D--Temporary Disaster Relief Provisions

PART I--NEW YORK LIBERTY ZONE

SEC. 661. TAX-EXEMPT BOND FINANCING.

(a) In General.--Subparagraph (D) of section 1400L(d)(2) is
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(b) Effective Date.--The amendment made by this section
shall apply to bonds issued after December 31, 2009.

PART II--GO ZONE

SEC. 662. INCREASE IN REHABILITATION CREDIT.

(a) In General.--Subsection (h) of section 1400N is amended
by striking ``December 31, 2009'' and inserting ``December
31, 2011''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or incurred after December 31,
2009.

SEC. 663. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO
ZONES.

Section 1400N(c)(5) is amended by striking ``January 1,
2011'' and inserting ``January 1, 2012''.

SEC. 664. TAX-EXEMPT BOND FINANCING.

(a) In General.--Paragraphs (2)(D) and (7)(C) of section
1400N(a) are each amended by striking ``January 1, 2011'' and
inserting ``January 1, 2012''.
(b) Conforming Amendments.--Sections 702(d)(1) and 704(a)
of the Heartland Disaster Tax Relief Act of 2008 are each
amended by striking ``January 1, 2011'' each place it appears
and inserting ``January 1, 2012''.

SEC. 665. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO
ZONE.

(a) In General.--Paragraph (6) of section 1400N(d) is
amended--
(1) by striking ``December 31, 2010'' both places it
appears in subparagraph (B) and inserting ``December 31,
2011'', and
(2) by striking ``January 1, 2010'' in the heading and the
text of subparagraph (D) and inserting ``January 1, 2012''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2009.

TITLE VII--RESCISSIONS

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

SEC. 701. 15 PERCENT REDUCTION IN APPROPRIATIONS TO THE
EXECUTIVE OFFICE OF THE PRESIDENT AND CONGRESS.

(a) Rescissions.--
(1) In general.--There is rescinded an amount equal to 15
percent of the budget authority provided for any
discretionary account in appropriations to the Legislative
Branch for fiscal year 2011.
(2) Proportionate application.--Any rescission made by
paragraph (1) shall be applied proportionately--
(A) to each discretionary account and each item of budget
authority described in such paragraph; and
(B) 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 for the relevant fiscal year covering
such account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most recently
submitted President's budget).
(3) Exception.--This subsection shall not apply to
appropriations under the heading ``CAPITOL POLICE''.
(4) Administration of across-the-board reductions.--In the
administration of paragraph (1), with respect to the budget
authority provided under the heading ``SENATE'' in--
(A) the percentage rescissions under paragraph (1) shall
apply to the total amount of all funds appropriated under
that heading; and
(B) the rescissions may be applied without regard to
paragraph (2).
(b) Appropriations to the Executive Office of the
President.--Notwithstanding any other provision of law, the
total amount of funds appropriated to the appropriations
account under the heading under the heading ``EXECUTIVE
OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT'' for each of fiscal years 2012 and 2013 may not
exceed the total amount of funds appropriated to that account
for fiscal year 2011 after application of the rescission
under subsection (a).
(c) Appropriations to Congress.--Notwithstanding any other
provision of law, the total amount of funds appropriated
under the headings ``SENATE'' and ``HOUSE OF
REPRESENTATIVES'' for each of fiscal years 2012 and 2013 may
not exceed the total amount of funds appropriated under those
headings for fiscal year 2011 after application of the
rescission under subsection (a).

SEC. 702. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF
CONGRESS.

Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of
living adjustments for Members of Congress) during fiscal
years 2012, 2013, and 2014.

SEC. 703. FREEZE ON COST OF FEDERAL EMPLOYEES (INCLUDING
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE) SALARIES.

Notwithstanding any other provision of law, the total
amount of funds expended on salaries for civilian employees
of the Federal Government, including civilian employees of
the Department of Defense, for fiscal year 2011, fiscal year
2012, and fiscal year 2013 shall not exceed the total costs
for such salaries in fiscal year 2010: Provided, That the
amounts spent on salaries of members of the armed forces are
exempt from the provisions of this subsection: Provided
further, That nothing in this subsection prohibits an
employee from receiving an increase in salary or other
compensation so long as such an increase does not increase an
agency's net expenditures for employee salaries.

SEC. 704. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.

(a) Definition.--In this section, the term ``agency'' means
an executive agency as defined under section 105 of title 5,
United States Code.
(b) Determination of Number of Employees.--Not later than
60 days after the date of enactment of this Act, the Director
of the Office of Management and Budget shall determine the
number of full-time employees employed in each agency. The
head of each agency shall cooperate with the Director of the
Office of Management and Budget in making the determinations.
(c) Reductions.--Notwithstanding any other provision of
law, the head of each agency shall take such actions as
necessary, including a reduction in force under sections 3502
and 3595 of title 5, United States Code, to reduce the number
of full-time employees employed in that agency as determined
under subsection (b) by 10 percent not later than October 1,
2020.
(d) Replacement Hire Rate.--In implementing subsection (c),
the head of each agency may hire no more than 2 employees in
that agency for every 3 employees who leave employment in
that agency during any fiscal year.

SEC. 705. LIMITATION ON GOVERNMENT PRINTING COSTS.

Not later than 180 days after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall coordinate with the heads of Federal departments and
independent agencies to--
(a) determine which Government publications could be
available on Government websites and no longer printed and to
devise a strategy to reduce overall Government printing costs
over the 10-year period beginning with fiscal year 2011,
except that the Director shall ensure that essential printed
documents prepared for social security recipients, medicare
beneficiaries, and other populations in areas with limited
internet access or use continue to remain available;
(b) establish government-wide Federal guidelines on
employee printing;
(c) issue on the Office of Management and Budget's public
website the results of a cost-benefit analysis on
implementing a digital signature system and on establishing
employee printing identification systems, such as the use of
individual employee cards or

[[Page 20115]]

codes, to monitor the amount of printing done by Federal
employees; except that the Director of the Office of
Management and Budget shall ensure that Federal employee
printing costs unrelated to national defense, homeland
security, border security, national disasters, and other
emergencies do not exceed $860,000,000 annually; and
(d) issue guidelines requiring every department, agency,
commission or office to list at a prominent place near the
beginning of each publication distributed to the public and
issued or paid for by the Federal Government--
(1) the name of the issuing agency, department, commission
or office;
(2) the total number of copies of the document printed;
(3) the collective cost of producing and printing all of
the copies of the document; and
(4) the name of the firm publishing the document.

SEC. 706. LIMITATION OF GOVERNMENT TRAVEL COSTS.

(a) In General.--Within 60 days after the date of enactment
of this Act, the Director of the Office of Management and
Budget, in consultation with the heads of the Federal
departments and agencies, shall establish a definition of
``nonessential travel'' and criteria to determine if travel-
related expenses and requests by Federal employees meet the
definition of ``nonessential travel''. No travel expenses
paid for, in whole or in part, with Federal funds shall be
paid by the Federal Government unless a request is made prior
to the travel and the requested travel meets the criteria
established by this section. Any travel request that does not
meet the definition and criteria shall be disallowed,
including reimbursement for air flights, automobile rentals,
train tickets, lodging, per diem, and other travel-related
costs. The definition established by the Director of the
Office of Management and Budget may include exemptions in the
definition, including travel related to national defense,
homeland security, border security, national disasters, and
other emergencies. The Director of the Office of Management
and Budget shall ensure that all travel costs paid for in
part or whole by the Federal Government not related to
national defense, homeland security, border security,
national disasters, and other emergencies do not exceed
$5,000,000,000 annually.
(b) Rescissions.--
(1) Definitions.--In this subsection--
(A) the term ``agency''--
(i) means an executive agency as defined under section 105
of title 5, United States Code; and
(ii) does not include the Department of Defense; and
(B) the term ``travel expense amount'' means, with respect
to each agency, an amount equal to 20 percent of all funds
expended by that agency on travel expenses during fiscal year
2010.
(2) In general.--There is rescinded a travel expense amount
from appropriations made for fiscal year 2011 in each agency
appropriations account providing for travel expenses.
(3) Freeze.--Notwithstanding any other provision of law,
the total amount of funds appropriated to the appropriations
account providing for travel expenses for each agency for
each of fiscal years 2012 and 2013 may not exceed the total
amount of funds appropriated to that account for fiscal year
2011 after application of the rescission under paragraph (2).

SEC. 707. REDUCTION IN FEDERAL VEHICLE COSTS.

Notwithstanding any other provision of law--
(a) of the amounts made available to the General Services
Administration for the acquisition of new vehicles for the
Federal fleet for fiscal year 2011 and remaining unobligated
as of the date of enactment of this Act, an amount equal to
20 percent of all such amounts is rescinded;
(b) for fiscal year 2012 and each fiscal year thereafter--
(1) the amount made available to the General Services
Administration for the acquisition of new vehicles for the
Federal fleet shall not exceed an amount equal to 80 percent
of the amount made available for the acquisition of those
vehicles for fiscal year 2011 (before application of
subsection (a)); and
(2) the number of new vehicles acquired by the General
Services Administration for the Federal fleet shall not
exceed a number equal to 50 percent of the vehicles so
acquired for fiscal year 2011; and
(c) any amounts made available under Public Law 111-5 for
the acquisition of new vehicles for the Federal fleet shall
be disregarded by for purposes of determining the baseline.

SEC. 708. SALE OF EXCESS FEDERAL PROPERTY.

(a) In General.--Chapter 5 of subtitle I of title 40,
United States Code, is amended by adding at the end the
following:

``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

``Sec. 621. Definitions

``In this subchapter:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Landholding agency.--The term `landholding agency'
means a landholding agency (as defined in section 501(i) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411(i))).
``(3) Real property.--
``(A) In general.--The term `real property' means--
``(i) a parcel of real property under the administrative
jurisdiction of the Federal Government that is--

``(I) excess;
``(II) surplus;
``(III) underperforming; or
``(IV) otherwise not meeting the needs of the Federal
Government, as determined by the Director; and

``(ii) a building or other structure located on real
property described in clause (i).
``(B) Exclusion.--The term `real property' excludes any
parcel of real property, and any building or other structure
located on real property, that is to be closed or realigned
under the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note; Public Law 100-
526).

``Sec. 622. Disposal program

``(a) In General.--Except as provided in subsection (e),
the Director shall, by sale or auction, dispose of a quantity
of real property with an aggregate value of not less than
$15,000,000,000 that, as determined by the Director, is not
being used, and will not be used, to meet the needs of the
Federal Government for the period of fiscal years 2010
through 2015.
``(b) Recommendations.--The head of each landholding agency
shall recommend to the Director real property for disposal
under subsection (a).
``(c) Selection of Properties.--After receiving
recommendations of candidate real property under subsection
(b), the Director--
``(1) with the concurrence of the head of each landholding
agency, may select the real property for disposal under
subsection (a); and
``(2) shall notify the recommending landholding agency head
of the selection of the real property.
``(d) Web Site.--The Director shall ensure that all real
properties selected for disposal under this section are
listed on a Web site that shall--
``(1) be updated routinely; and
``(2) include the functionality to allow any member of the
public, at the option of the member, to receive updates of
the list through electronic mail.
``(e) Transfer of Property.--The Director may transfer real
property selected for disposal under this section to the
Department of Housing and Urban Development if the Secretary
of Housing and Urban Development determines that the real
property is suitable for use in assisting the homeless.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 5 of subtitle I of title 40, United
States Code, is amended by inserting after the item relating
to section 611 the following:

``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

SEC. 709. PROHIBITION ON USE OF FEDERAL FUNDS TO PAY
UNEMPLOYMENT COMPENSATION TO MILLIONAIRES.

(a) Prohibition.--Notwithstanding any other provision of
law, no Federal funds may be used to make payments of
unemployment compensation (including such compensation under
the Federal-State Extended Compensation Act of 1970 and the
emergency unemployment compensation program under title IV of
the of the Supplemental Appropriations Act, 2008) in a year
to an individual whose resources in the preceding year was
equal to or greater than $1,000,000. For purposes of the
preceding sentence, with respect to a year, an individual's
resources shall be determined in the same manner as a subsidy
eligible individual's resources are determined for the year
for purposes of the Medicare part D drug benefit under
section 1860D-14(a)(3)(E) of the Social Security Act (42
U.S.C. 1395w-114(a)(3)(E)).
(b) Effective Date.--The prohibition under subsection (a)
shall apply to weeks of unemployment beginning on or after
January 1, 2011.

SEC. 710. MANDATORY ELIMINATION OF DUPLICATIVE GOVERNMENT
PROGRAMS.

(a) Reducing Duplication.--The Director of the Office of
Management Budget and the Secretary of each Federal
Government agency (and the head of each independent agency)
shall work with the Chairman and ranking member of the
relevant congressional appropriations subcommittees and the
congressional authorizing committees and the Director of the
Office of Management Budget to consolidate programs with
duplicative goals, missions, and initiatives.
(b) OMB Report.--Within 120 days after the date of
enactment of this section, the Director of the Office of
Management and Budget shall submit to Congress a list of
programs with duplicative goals, missions, and initiatives
with recommendations for consolidation or elimination.
(c) Failure To Act.--If Congress takes no action to address
the recommendations submitted in subsection (b) within 60
days, Secretary of each Federal Government agency and the
head of each independent agency shall carry out the
recommendations as submitted to Congress.

[[Page 20116]]

SEC. 711. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE
FEDERAL GOVERNMENT.

(a) In General.--Chapter 73 of title 5, United States Code,
is amended by adding at the end the following:

``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE
FEDERAL GOVERNMENT

``Sec. 7381. Collection of unpaid taxes from employees of the
Federal Government

``(a) Definitions.--For purposes of this section--
``(1) the term `seriously delinquent tax debt' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code, except that such term
does not include--
``(A) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or section 7122 of such
Code; and
``(B) a debt with respect to which a collection due process
hearing under section 6330 of such Code, or relief under
subsection (a), (b), or (f) of section 6015 of such Code, is
requested or pending; and
``(2) the term `Federal employee' means--
``(A) an employee, as defined by section 2105; and
``(B) an employee of the United States Congress, including
Members of the House of Representatives and Senators.
``(b) Collection of Unpaid Taxes.--The Internal Revenue
Service shall coordinate with the Department of Treasury and
the hiring agency of a Federal employee who has a seriously
delinquent tax debt to collect such taxes by withholding a
portion of the employee's salary over a period set by the
hiring agency to ensure prompt payment.''.
(b) Clerical Amendment.--The analysis for chapter 73 of
title 5, United States Code, is amended by adding at the end
the following:

``subchapter viii--collection of unpaid taxes from employees of the
federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal
Government.''.

SEC. 712. TEN PERCENT REDUCTION IN VOLUNTARY CONTRIBUTIONS TO
THE UNITED NATIONS.

Notwithstanding any other provision of law, of the funds
appropriated or otherwise made available for fiscal year
2011, voluntary contributions to the United Nations paid by
the United States shall not exceed an amount that is 10
percent less than the amount provided in fiscal year 2010.

SEC. 713. LOW-PRIORITY CONSTRUCTION PROJECTS OF CORPS OF
ENGINEERS.

(a) Termination of Authority.--The authority to carry out
low-priority construction projects of the Corps of Engineers
is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for low-priority
construction projects of the Corps of Engineers that remain
unobligated as of the date of enactment of this Act are
rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the projects referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects
described in paragraph (1), as determined by the Secretary of
the Army, in consultation with other appropriate Federal
agencies.

SEC. 714. TEN PERCENT REDUCTION IN INTERNATIONAL DEVELOPMENT
AND HUMANITARIAN ASSISTANCE FUNDING.

Notwithstanding any other provision of law, of the funds
appropriated or otherwise made available for fiscal year
2011, international development and humanitarian assistance
expenditures of the United States shall not exceed an amount
that is 10 percent less than the amount provided in fiscal
year 2010.
(a) Repeal.--Part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is
repealed.
(b) Recision of Funds.--Notwithstanding any other provision
of law, all unobligated balances held by the Secretary of
Education for the Safe and Drug-Free Schools and Communities
Program under part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as
in effect on the day before the date of enactment of this
Act, are rescinded and no funds appropriated hereafter for
such activities shall be expended, except as determined
necessary or essential by such Secretary, in consultation
with the appropriate Federal agencies.

SEC. 715. ELIMINATION OF THE SAFE AND DRUG-FREE SCHOOLS AND
COMMUNITIES PROGRAM.

(a) Repeal.--Part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is
repealed.
(b) Recision of Funds.--Notwithstanding any other provision
of law, all unobligated balances held by the Secretary of
Education for the Safe and Drug-Free Schools and Communities
Program under part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as
in effect on the day before the date of enactment of this
Act, are rescinded and no funds appropriated hereafter for
such activities shall be expended, except as determined
necessary or essential by such Secretary, in consultation
with the appropriate Federal agencies.

SEC. 716. RESCISSION OF AMOUNTS FOR ECONOMIC DEVELOPMENT
ADMINISTRATION.

Notwithstanding any other provision of law--
(1) all amounts made available for programs, activities,
and grants of the Economic Development Administration that
remain unobligated as of the date of enactment of this Act
are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs, activities, and grants referred
to in paragraph (1) shall be expended, other than such
amounts as are necessary to cover costs incurred in
terminating such programs, activities, and grants, as
determined by the Secretary of Commerce, in consultation with
other appropriate Federal agencies.

SEC. 717. DEPARTMENT OF JUSTICE WASTEFUL ACTIVITIES.

Notwithstanding any other provision of law, 5 percent of
all unobligated balances held by the Attorney General as of
the date of enactment of this Act are rescinded to eliminate
wasteful activities of the Department of Justice.

SEC. 718. RESCISSION OF AMOUNTS FOR HOLLINGS MANUFACTURING
PARTNERSHIP PROGRAM AND BALDRIDGE PERFORMANCE
EXCELLENCE PROGRAM.

Notwithstanding any other provision of law--
(1) all amounts made available for the Hollings
Manufacturing Partnership Program and the Baldridge
Performance Excellence Program that remain unobligated as of
the date of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under such programs, as determined by the
Secretary of Commerce, in consultation with other appropriate
Federal agencies.

SEC. 719. FOSSIL FUEL APPLIED RESEARCH.

(a) Termination of Authority.--The authority of the
Secretary of Energy to carry out fossil fuel applied research
is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for fossil fuel applied
research described in subsection (a) that remain unobligated
as of the date of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for research referred to in paragraph (1) shall
be expended, other than such amounts as are necessary to
cover costs incurred in terminating ongoing research
described in paragraph (1), as determined by the Secretary of
Energy, in consultation with other appropriate Federal
agencies.

SEC. 720. CORPORATION FOR PUBLIC BROADCASTING.

Notwithstanding any other provision of law, the portion of
all unobligated balances held by the Corporation for Public
Broadcasting that consists of Federal funds are rescinded and
no Federal funds appropriated hereafter for the Corporation
for Public Broadcasting shall be obligated or expended by
such Corporation.

SEC. 721. FIFTEEN PERCENT REDUCTION IN FISCAL YEAR 2011
FUNDING FOR THE DEPARTMENT OF DEFENSE FOR
PROCUREMENT.

Notwithstanding any other provision of law, the amount
available to the Department of Defense for fiscal year 2011
for procurement is the amount equal to the aggregate amount
otherwise authorized to be appropriated to the Department for
that fiscal year for procurement minus an amount equal to 15
percent of such aggregate amount.

SEC. 722. TEN PERCENT REDUCTION IN FISCAL YEAR 2011 FUNDING
FOR THE DEPARTMENT OF DEFENSE FOR RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION.

Notwithstanding any other provision of law, the amount
available to the Department of Defense for fiscal year 2011
for research, development, test, and evaluation is the amount
equal to the aggregate amount otherwise authorized to be
appropriated to the Department for that fiscal year for
research, development, test, and evaluation minus an amount
equal to 10 percent of such aggregate amount.

SEC. 723. REDUCTION IN DEPARTMENT OF DEFENSE SPENDING IN
SUPPORT OF MILITARY INSTALLATIONS.

The Secretary of Defense shall reduce the amount obligated
or expended in support of military installations through the
reduction or elimination of waste, fraud, and abuse
attributable to programs and activities related to such
support.

SEC. 724. RESCISSION OF DIPLOMATIC AND CONSULAR PROGRAMS
FUNDING.

Ten percent of the funds appropriated or otherwise made
available to the Secretary of State for diplomatic and
consular programs and available for obligation as of the date
of the enactment of this Act is hereby rescinded.

[[Page 20117]]

SEC. 725. ELIMINATION OF PROGRAM TO PAY INSTITUTIONS OF
HIGHER EDUCATION FOR ADMINISTRATIVE EXPENSES
RELATING TO STUDENT AID PROGRAM.

(a) Repeal.--Section 489 of the Higher Education Act of
1965 (20 U.S.C. 1096) is repealed.
(b) Recession.--Notwithstanding any other provision of law,
all unobligated balances held by the Secretary of Education
for payments to institutions of higher education under
section 489 of the Higher Education Act of 1965 (20 U.S.C.
1096), as in effect on the day before the date of enactment
of this Act, are rescinded and no funds appropriated
hereafter for such payments shall be expended, except as
determined necessary or essential by such Secretary, in
consultation with the appropriate Federal agencies.

SEC. 726. CONSOLIDATE ALL FEDERAL FIRE MANAGEMENT PROGRAMS
AND REDUCING FUNDING BY 10 PERCENT.

(a) Consolidation.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall consolidate all
fire management programs carried out under laws administered
by the Secretary.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) of amounts made available for programs consolidated
under subsection (a), the lesser of 10 percent of such
amounts, on the one hand, and the amount of such amounts that
remain unobligated as of the date of enactment of this Act,
on the other hand, are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating or reducing ongoing
projects and activities under such programs, as determined by
the Secretary of Homeland Security, in consultation with
other appropriate Federal agencies.

SEC. 727. HIGH-ENERGY COST GRANT PROGRAM.

(a) Repeal.--Section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a) is repealed.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the program carried out
under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) (as in existence on the day before the date of
enactment of this Act) that remain unobligated as of the date
of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating the program described
in paragraph (1), as determined by the Secretary of
Agriculture, in consultation with other appropriate Federal
agencies.

SEC. 728. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAMS.

(a) Termination of Authority.--The authority to carry out
the resource conservation and development program of the
Natural Resources Conservation Service of the Department of
Agriculture is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the resource
conservation and development program of the Natural Resources
Conservation Service of the Department of Agriculture (as in
existence on the day before the date of enactment of this
Act) that remain unobligated as of the date of enactment of
this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under that program, as determined by the Secretary
of Agriculture, in consultation with other appropriate
Federal agencies.

SEC. 729. REPEAL OF LEAP.

(a) Repeal of LEAP.--Subpart 4 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
(b) Recession.--Notwithstanding any other provision of law,
all unobligated balances held by the Secretary of Education
for the Leveraging Educational Assistance Partnership Program
under subpart 4 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070c), as in effect on the day before
the date of enactment of this Act, are rescinded and no funds
appropriated hereafter for such program shall be expended,
except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 730. ELIMINATION OF THE B.J. STUPAK OLYMPIC SCHOLARSHIPS
PROGRAM.

(a) Repeal.--Section 1543 of the Higher Education
Amendments of 1992 (20 U.S.C. 1070 note) is repealed.
(b) Elimination of Funding.--Notwithstanding any other
provision of law, all unobligated balances held by the
Secretary of Education for the B.J. Stupak Olympic
Scholarships program under section 1543 of the Higher
Education Amendments of 1992 (20 U.S.C. 1070 note), as in
effect on the day before the date of enactment of this Act,
are rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by such Secretary, in consultation with the
appropriate Federal agencies.

SEC. 731. REPEAL OF ROBERT C. BYRD HONORS SCHOLARSHIP
PROGRAM.

(a) Repeal of LEAP.--Subpart 6 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
(b) Recession.--Notwithstanding any other provision of law,
all unobligated balances held by the Secretary of Education
for the Robert C. Byrd Honors Scholarship Program under
subpart 6 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070c), as in effect on the day before the
date of enactment of this Act, are rescinded and no funds
appropriated hereafter for such program shall be expended,
except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 732. ELIMINATION OF THE HISTORIC WHALING AND TRADING
PARTNERS PROGRAM.

(a) Repeal.--Subpart 12 of part D of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7265 et seq.) is repealed.
(b) Recision of Funds.--Notwithstanding any other provision
of law, all unobligated balances held by the Secretary of
Education for the Educational, Cultural, Apprenticeship, and
Exchange Programs for Alaska Natives, Native Hawaiians, and
Their Historical Whaling and Trading Partners in
Massachusetts under subpart 12 of part D of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7265 et seq.), as in effect on the day before the date of
enactment of this Act, are rescinded and no funds
appropriated hereafter for such activities shall be expended,
except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 733. ELIMINATION OF THE UNDERGROUND RAILROAD EDUCATIONAL
AND CULTURAL PROGRAM.

(a) Repeal.--Section 841 of the Higher Education Amendments
of 1998 (20 U.S.C. 1153) is repealed.
(b) Elimination of Funding.--Notwithstanding any other
provision of law, all unobligated balances held by the
Secretary of Education for the Underground Railroad
educational and cultural program under section 841 of the
Higher Education Amendments of 1998 (20 U.S.C. 1153), as in
effect on the day before the date of enactment of this Act,
are rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by such Secretary, in consultation with the
appropriate Federal agencies.

SEC. 734. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.

(a) In General.--Notwithstanding section 108(q) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5309(q)) or any other provision of law, the Secretary of
Housing and Urban Development may not make any competitive
economic development grants, as otherwise authorized by
section 108(q) of that Act, for Brownfields redevelopment
projects.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for grants described in
subsection (a) that remain unobligated as of the date of
enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for grants described in subsection (a) shall be
expended, other than such amounts as are necessary to cover
costs incurred in terminating ongoing projects and activities
under those grants, as determined by the Secretary of Housing
and Urban Development, in consultation with other appropriate
Federal agencies.

SEC. 735. ELECTION REFORM GRANTS.

(a) Termination of Authority.--The authority to make
requirements payments to States under part 1 of subtitle D of
title II of the Help America Vote Act of 2002 (42 U.S.C.
15401 et seq.) is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for such requirements
payments (as of the day before the date of enactment of this
Act) that remain unobligated as of the date of enactment of
this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for such requirements payments shall be expended,
other than such amounts as are necessary to cover costs
incurred in terminating ongoing projects and activities using
such requirements payments, as determined by the
Administrator of General Services, in consultation with other
appropriate Federal agencies.

SEC. 736. ELECTION ASSISTANCE COMMISSION.

(a) Termination of Authority.--The Election Assistance
Commission established under section 201 of the Help America
Vote Act of 2002 (42 U.S.C. 15321) is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Election Assistance
Commission (as in existence on the day before the date of
enactment of this Act) that remain unobligated as of the date
of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the Commission described in paragraph (1)
shall be

[[Page 20118]]

expended, other than such amounts as are necessary to cover
costs incurred in terminating ongoing projects and activities
of the Commission, as determined by the Administrator of
General Services, in consultation with other appropriate
Federal agencies.

SEC. 737. EMERGENCY OPERATIONS CENTER GRANT PROGRAM.

(a) Termination.--Section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c) is repealed.
(b) Rescission.--Notwithstanding any other provision of
law, all unobligated balances held by the Secretary of
Homeland Security for the emergency operations center grant
program under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c), as in
effect on the day before the date of enactment of this Act,
are rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by the Secretary of Homeland Security, in
consultation with the appropriate Federal agencies.

SEC. 738. ELIMINATION OF HEALTH CARE FACILITIES AND
CONSTRUCTION PROGRAM.

Notwithstanding any other provision of law, all unobligated
balances held by the Secretary of Health and Human Services
for health care facilities and construction are rescinded and
no funds appropriated hereafter for such activities shall be
expended, except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 739. HIGH PRIORITY SURFACE TRANSPORTATION PROJECTS.

(a) In General.--Section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59; 119 Stat. 1256) is repealed.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for high priority projects
under section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59; 119 Stat. 1256) (before the amendment
made by subsection (a)) that remain unobligated as of the
date of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for high priority projects described in paragraph
(1) shall be expended, other than such amounts as are
necessary to cover costs incurred in terminating ongoing
projects and activities under those projects, as determined
by the Secretary of Transportation, in consultation with
other appropriate Federal agencies.

SEC. 740. SAVE AMERICA'S TREASURES PROGRAM; PRESERVE AMERICA
PROGRAM.

(a) Repeals.--Sections 7302 and 7303 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 469n, 469o) are
repealed.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Save America's
Treasures Program or Preserve America Program that remain
unobligated as of the date of enactment of this Act are
rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under those programs, as determined by the
Secretary of the Interior in consultation with other
appropriate Federal agencies.

SEC. 741. TARGETED WATER INFRASTRUCTURE GRANTS.

(a) Termination of Authority.--The Targeted Watershed
Grants Program and the U.S.-Mexico Border Water
Infrastructure Program of the Environmental Protection Agency
are terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Targeted Watershed
Grants Program and the U.S.-Mexico Border Water
Infrastructure Program of the Environmental Protection Agency
(as in existence on the day before the date of enactment of
this Act) that remain unobligated as of the date of enactment
of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1) (as
so in existence) shall be expended, other than such amounts
as are necessary to cover costs incurred in terminating
ongoing projects and activities under those programs, as
determined by the Administrator of the Environmental
Protection Agency, in consultation with other appropriate
Federal agencies.

SEC. 742. NATIONAL PARK SERVICE CHALLENGE COST SHARE PROGRAM.

(a) Termination of Authority.--The authority to provide
Department of the Interior Challenge Cost Share Program
grants is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Department of the
Interior Challenge Cost Share Program (as in existence on the
day before the date of enactment of this Act) that remain
unobligated as of the date of enactment of this Act are
rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the Department of the Interior Challenge Cost
Share Program shall be expended, other than such amounts as
are necessary to cover costs incurred in terminating ongoing
projects and activities under the program, as determined by
the Secretary of the Interior in consultation with other
appropriate Federal agencies.

SEC. 743. TERMINATION OF THE CONSTELLATION PROGRAM OF THE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

(a) Termination Required.--The Administrator of the
National Aeronautics and Space Administration shall terminate
the Constellation Program of the National Aeronautics and
Space Administration.
(b) Disposition of Unobligated Funds.--
(1) Rescission.--Except as provided in paragraph (2), any
funds available for obligation by the National Aeronautics
and Space Administration as of the date of the enactment of
this Act for the Constellation Program are hereby rescinded.
(2) Availability for wind-up of program.--Funds described
in paragraph (1) may be utilized by the National Aeronautics
and Space Administration solely for costs related to the
winding-up of the provision of the Constellation Program.

SEC. 744. DELTA HEALTH INITIATIVE.

Notwithstanding any other provision of law, all unobligated
balances held by the Secretary of Health and Human Services
to carry out the Delta Health Initiative are rescinded and no
funds appropriated hereafter for such Initiative shall be
expended, except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 745. DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES
GRANT PROGRAM.

(a) Termination of Authority.--The authority to carry out
any health care services grant program of the Department of
Agriculture is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for any health care services
grant program of the Department of Agriculture (as in
existence on the day before the date of enactment of this
Act) that remain unobligated as of the date of enactment of
this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under that program, as determined by the Secretary
of Agriculture, in consultation with other appropriate
Federal agencies.

SEC. 746. ELIMINATION OF LOAN REPAYMENT FOR CIVIL LEGAL
ASSISTANCE ATTORNEYS.

(a) Repeal.--Section 428L of the Higher Education Act of
1965 (20 U.S.C. 1078-12) is repealed.
(b) Elimination of Funding.--Notwithstanding any other
provision of law, all unobligated balances held by the
Secretary of Education for the Repayment for Civil Legal
Assistance Attorneys program under section 428L of the Higher
Education Act of 1965 (20 U.S.C. 1078-12), as in effect on
the day before the date of enactment of this Act, are
rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by such Secretary, in consultation with the
appropriate Federal agencies.

SEC. 747. TARGETED AIR SHED GRANT PROGRAM.

(a) Termination of Authority.--The Targeted Air Shed Grant
Program of the Environmental Protection Agency is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Targeted Air Shed
Grant Program of the Environmental Protection Agency (as in
existence on the day before the date of enactment of this
Act) that remain unobligated as of the date of enactment of
this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1) (as
so in existence) shall be expended, other than such amounts
as are necessary to cover costs incurred in terminating
ongoing projects and activities under that program, as
determined by the Administrator of the Environmental
Protection Agency, in consultation with other appropriate
Federal agencies.

SEC. 748. REQUIRING TRANSPARENCY AND ENSURING NO SPECIAL
TREATMENT FOR THE AARP OR AMA.

(a) Requirement.--Notwithstanding any other provision of
law, no Federal grants or contracts may be made available to
the AARP or the American Medical Association (commonly
referred to as the ``AMA'') for fiscal year 2011 or any
fiscal year thereafter unless awarded by a competitive
bidding process.
(b) Disclosure Conditions.--Any physician trade and
lobbying organization partnering with the Federal Government
by participating in technical reviews, making

[[Page 20119]]

health care payment policy recommendations, representing
physician interests on advisory panels, or otherwise
representing physicians in matters being reviewed or examined
by the Department of Health and Human Services shall disclose
the following:
(1) The number of dues paying physician-members the
organization currently represents.
(2) The professional status of such members, whether said
physicians are currently practicing medicine, teaching,
retired, or a medical student in residency.
(c) Membership Requirement.--No physician trade and
lobbying organization shall be eligible to participate in
activities listed in subsection (b) unless such organizations
have a membership composed of at least 50 percent of
currently-practicing physicians in the same calendar year.
The requirement of the preceding sentence shall apply to all
physician trade organizations, regardless of whether the
organization is a State, regional, or national organization,
and regardless of what specialty or practice areas said
organizations represent.
(d) Requirement for Certain Medigap Sellers or Issuers.--
Sellers or issuers of medicare supplemental policies under
section 1882 of the Social Security Act (42 U.S.C. 1395ss)
that constitute more than 20 percent of the market share of
the previous fiscal year shall be required to spend at least
80 percent of their premium dollars on medical claims to
ensure value for seniors.

Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

SEC. 760. FINDINGS.

Congress makes the following findings:
(1) The Medicare program loses an estimated $60,000,000,000
annually to wasted and fraudulent payments.
(2) The Medicaid program also suffers from rampant fraud.
As the Office of the Inspector General of the Department of
Health and Human Services noted in 2009, in an analysis of
the only source of nationwide Medicaid claims and beneficiary
eligibility information, the Medicaid Statistical Information
System, the Federal Government does not have ``timely,
accurate, or comprehensive information for fraud, waste, and
abuse detection'' in the Medicaid program.
(3) Absent comprehensive estimates, the Medicaid program's
improper payment rate may be the most objective measure of
taxpayer dollars lost to fraud. The national average improper
payment rate ranges between 8.7 percent and 10.5 percent, but
many States have much higher improper payment rates.
(4) The new Federal health reform law substantially expands
the Medicaid program, significantly changes the Medicare
program, creates new mandates and regulations, and will send
hundreds of billions of dollars to insurance companies.
(5) It is the duty of public officials and public servants
in Congress and the Administration to protect the American
public's taxpayer dollars. Congress and the Administration
must continue to aggressively combat waste, fraud, and abuse
in public health care programs.
(6) The Inspector General of the Department of Health and
Human Services has stated that ``swift and effective
detection of and response to waste, fraud, and abuse remain
an essential program integrity strategy''. Furthermore, the
Inspector General noted that ``effective use of Medicare and
Medicaid data is critical to the success of the Government's
efforts to reduce waste, fraud, and abuse''.
(7) The loss of taxpayer dollars due to waste and fraud
under the Medicare and Medicaid programs not only threatens
the financial viability of those programs, it erodes the
public trust. American taxpayers should not be expected to
tolerate rampant waste, fraud, and abuse in publicly funded
health care programs.
(8) Congress supports the commitment of the Office of the
Inspector General of the Department of Health and Human
Services to ``enhancing existing data analysis and mining
capabilities and employing advanced techniques such as
predictive analytics and social network analysis, to counter
new and existing fraud schemes''.
(9) Congress supports the use of predictive modeling and
other smart technologies that can transform the current ``pay
and chase'' payment cultures under the Medicare and Medicaid
programs and prevent taxpayer dollars from being lost to
waste, fraud, and abuse.

SEC. 761. TRACKING EXCLUDED PROVIDERS ACROSS STATE LINES.

(a) Greater Coordination.--In order to ensure that
providers of services and suppliers that have operated in one
State and are excluded from participation in the Medicare
program are unable to begin operation and participation in
other Federal health care programs in another State, the
Secretary shall provide for increased coordination between
the following:
(1) The Administrator of the Centers for Medicare &
Medicaid Services.
(2) Regional offices of the Centers for Medicare & Medicaid
Services.
(3) Medicare administrative contractors, fiscal
intermediaries, and carriers.
(4) State health agencies, State plans under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), State plans
under title XXI of such Act (42 U.S.C. 1397aa et seq.), and
entities that contract with such agencies and plans, as
directed by the Secretary.
(5) The Federation of State Medical Boards.
(b) Improved Information Systems.--
(1) In general.--The Secretary shall improve information
systems to allow greater integration between databases under
the Medicare program so that--
(A) Medicare administrative contractors, fiscal
intermediaries, and carriers have immediate access to
information identifying providers and suppliers excluded from
participation in the Medicare program, the Medicaid program
under title XIX of the Social Security Act, the State
Children's Health Insurance Program under title XXI of such
Act, and other Federal health care programs; and
(B) such information can be shared on a real-time basis, in
accordance with protocols established under subsection
(g)(2)--
(i) across Federal health care programs and agencies,
including between the Department of Health and Human
Services, the Social Security Administration, the Department
of Veterans Affairs, the Department of Defense, the
Department of Justice, and the Office of Personnel
Management; and
(ii) with State health agencies, State plans under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
State child health plans under title XXI of such Act (42
U.S.C. 1397aa et seq.), and entities that contract with such
agencies and plans, as directed by the Secretary.
(2) Sharing of information in addition to heat efforts.--
The information shared under paragraph (1) shall be in
addition to, and shall not replace, activities of the Health
Care Fraud Prevention and Enforcement Action Team (HEAT)
established by the Attorney General and the Department of
Health and Human Services.
(3) Appropriate coordination.--In implementing this
subsection, the Secretary shall provide for the maximum
appropriate coordination with the process established under
section 6401(b)(2) of the Patient Protection and Affordable
Care Act (Public Law 111-148).
(c) ``One PI'' Database for Medicare, Medicaid, and CHIP.--
(1) In general.--The Secretary shall--
(A) continue to upload Medicare claims, provider, and
beneficiary data into the Integrated Data Repository under
section 1128J(a)(1) of the Social Security Act, as added by
section 6402(a) of the Patient Protection and Affordable Care
Act until such time as the Secretary determines that the
Integrated Data Repository is completed; and
(B) fully implement the waste, fraud, and abuse detection
solution of the Centers for Medicare & Medicaid Services,
called the ``One PI project'' (in this subsection referred to
as the ``project'') by not later than January 1, 2013.
(2) Access.--The Secretary, in consultation with Inspector
General of the Department of Health and Human Services, may
allow stakeholders who combat, or could assist in combating,
waste, fraud, and abuse under Federal health care programs to
have access to the One PI system established under the
project. Such stakeholders may include the Director of the
Federal Bureau of Investigation, the Comptroller General of
the United States, Medicare administrative contractors,
fiscal intermediaries, and carriers.
(d) Federal and State Agency Access to National
Practitioner Data Bank.--For purposes of enhancing data
sharing in order to identify programmatic weaknesses and
improving the timeliness of analysis and actions to prevent
waste, fraud, and abuse, relevant Federal and State agencies,
including the Department of Health and Human Services, the
Department of Justice, State departments of health, State
Medicaid plans under title XIX of the Social Security Act,
State child health plans under title XXI of such Act, and
State medicaid fraud control units (as described in section
1903(q) of the Social Security Act (42 U.S.C. 1396b(q))),
shall have real-time access to the National Practitioner Data
Bank, as directed by the Secretary. The Secretary may, in
consultation with the Inspector General of the Department of
Health and Human Services, give such real-time access to
State attorneys general and State and local law enforcement
agencies.
(e) Access to Claims and Payment Databases.--Section
1128J(a)(2) of the Social Security Act, as added by section
6402(a) of the Patient Protection and Affordable Care Act
(Public Law 111-148) is amended--
(1) by striking ``databases.--For purposes'' and inserting
``databases.--
``(A) Access for the conduct of law enforcement and
oversight activities.--For purposes'';
(2) in subparagraph (A), as added by paragraph (1), by
inserting ``, including the Integrated Data Repository under
paragraph (1)'' before the period at the end; and
(3) by adding at the end the following new subparagraph:
``(B) Access to reduce waste, fraud, and abuse.--For
purposes of reducing waste, fraud, and abuse, and to the
extent consistent with applicable information, privacy,
security, and disclosure laws, including the

[[Page 20120]]

regulations promulgated under the Health Insurance
Portability and Accountability Act of 1996 and section 552a
of title 5, United States Code, and subject to any
information systems security requirements under such laws or
otherwise required by the Secretary, the Secretary, in
consultation with the Inspector General of the Department of
Health and Human Services, may allow State Medicaid fraud
control units and State and local law enforcement officials
to have access to claims and payment data of the Department
of Health and Human Services and its contractors related to
titles XVIII, XIX, and XXI, including the Integrated Data
Repository under paragraph (1).''.
(f) Ensuring Data Is Uploaded to the IDR on a Daily
Basis.--Section 1128J(a)(1) of the Social Security Act, as
added by section 6402(a) of the Patient Protection and
Affordable Care Act (Public Law 111-148) is amended by adding
at the end the following new subparagraph:
``(C) Uploading of medicare claims data on a daily basis.--
All Medicare claims data shall be uploaded into the
Integrated Data Repository on a daily basis.''.
(g) Real-Time Access to Data.--
(1) In general.--The Secretary shall ensure that any data
provided to an entity or individual under the provisions of
or amendments made by this section is provided to such entity
or individual on a real-time basis, in accordance with
protocols established by the Secretary under paragraph (2).
The Secretary shall consult with the Inspector General of the
Department of Health and Human Services prior to implementing
this subsection.
(2) Protocols.--
(A) In general.--The Secretary shall establish protocols to
ensure the secure transfer and storage of any data provided
to another entity or individual under the provisions of or
amendments made by this section.
(B) Consideration of hhs oig recommendations.--In
establishing protocols under subparagraph (A), the Secretary
shall take into account recommendations submitted to the
Secretary by the Inspector General of the Department of
Health and Human Services with respect to the secure transfer
and storage of such data.
(h) GAO Study and Report on Use of Federation of State
Medical Boards To Strengthen Enrollment Integrity
Processes.--
(1) Study.--The Comptroller General of the United States
shall, in consultation with the Federation of State Medical
Boards, conduct a study on whether and, if so, to what
degree, such Federation may be useful to the Secretary in
further strengthening the integrity of processes for
enrolling providers of services and suppliers under Federal
health care programs.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report containing the
results of the study conducted under paragraph (1), together
with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Centers for Medicare & Medicaid
Services.
(2) CHIP.--The term ``CHIP'' means the State Children's
Health Insurance Program under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(3) Federal health care program.--The term ``Federal health
care program'' has the meaning given such term in section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)).
(4) HHS oig.--The term ``HHS OIG'' means the Inspector
General of the Department of Health and Human Services.
(5) Medicare administrative contractors, fiscal
intermediaries, and carriers.--The term ``Medicare
administrative contractors, fiscal intermediaries, and
carriers'' includes zone program integrity contractors,
program safeguard or integrity contractors, recovery audit
contractors under section 1893(h) of the Social Security Act
(42 U.S.C. 1395ddd(h)), and special investigative units at
Medicare contractors (as defined in section 1889(g) of the
Social Security Act (42 U.S.C. 1395zz(g))).
(6) Medicare program.--The term ``Medicare program'' means
the program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(7) Provider of services.--The term ``provider of
services'' has the meaning given such term in section 1861(u)
of the Social Security Act (42 U.S.C. 1395x(u)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(9) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, and American Samoa.
(10) Supplier.--The term ``supplier'' has the meaning given
such term in section 1861(d) of the Social Security Act (42
U.S.C. 1395x(d)).

SEC. 762. ACCESS FOR PRIVATE SECTOR AND GOVERNMENTAL
ENTITIES.

(a) In General.--Title XI of the Social Security Act (42
U.S.C. 1301 et seq.), as amended by section 6402(a) of the
Patient Protection and Affordable Care Act (Public Law 111-
148), is amended by inserting after section 1128J the
following new section:

``expanded access to the national practitioner data bank

``Sec. 1128K. (a) Expanded Access.--
``(1) In general.--The information in the National
Practitioner Data Bank established pursuant to the Health
Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et
seq.) may be available on a real-time basis, in accordance
with protocols established by the Secretary under subsection
(b), to--
``(A) Federal and State government agencies and health
plans, commercial health plans, and any health care provider,
supplier, or practitioner entering an employment or
contractual relationship with an individual or entity who has
been subject to a final adverse action in the past 10 years,
where the contract involves the furnishing of items or
services reimbursed by 1 or more Federal health care programs
(regardless of whether the individual or entity is paid by
the programs directly, or whether the items or services are
reimbursed directly or indirectly through the claims of a
direct provider); and
``(B) utilization and quality control peer review
organizations and accreditation entities as defined by the
Secretary, including but not limited to organizations
described in part B of this title and in section
1154(a)(4)(C).
``(2) No effect on access under other applicable law;
appropriate coordination.--Nothing in this section shall
affect the availability of information in the National
Practitioner Data Bank under other applicable law, including
the availability of such information to entities or
individuals under part B of the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11131 et seq.). In
implementing this section, the Secretary shall provide for
the maximum appropriate coordination with such part.
``(b) Protocols.--The Secretary shall establish protocols
to ensure the secure transfer and storage of data made
available under this section. In establishing such protocols
the Secretary shall take into account recommendations
submitted to the Secretary by the Inspector General of the
Department of Health and Human Services and the National
Association of Insurance Commissioners with respect to the
secure transfer and storage of such data, the establishment
or approval of a fee structure under subsection (c), and the
establishment of user access protocols.
``(c) Fees for Disclosure.--
``(1) In general.--
``(A) Fees.--Subject to paragraph (2), the Secretary may
establish or approve reasonable fees for the disclosure of
information under this section, including with respect to
requests by Federal agencies or other entities, such as
fiscal intermediaries and carriers, acting under contract on
behalf of such agencies.
``(B) Establishment or approval of fee amounts.--In
establishing or approving the amount of such fees, the
Secretary shall ensure that the total amount of the fees to
be collected is equal to the total costs of processing the
requests for disclosure and of providing such information.
Such fees shall be available to the Secretary to cover such
costs.
``(C) For-profit entities.--The Secretary may allow for-
profit entities to receive data under this section for a fee
that is comparable to the fee charged to a Federal agency or
other entity under subparagraph (A) with respect to a similar
request.
``(2) Free access to certain data.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Fighting Fraud and Abuse to Save Taxpayers'
Dollars Act, for purposes of identifying additional
strategies and tools to combat waste, fraud, and abuse, the
Secretary--
``(i) establish protocols to ensure the secure transmission
of data under this section; and
``(ii) may ensure nonprofit academic, policy, and research
institutions have access to data from the National
Practitioner Data Bank.
``(B) Access free of charge.--Data shall be provided under
subparagraph (A)(ii) free of charge to academic, policy, and
research institutions.
``(C) Requirement.--Any academic, policy, or research
institution that is provided data under subparagraph (A)(ii)
shall, as a condition of receiving such data, be required to
share with the Secretary any findings using such data to
combat waste, fraud, and abuse (in a form and manner of the
academic, policy, or research institution's choosing).
``(d) Establishment of Appeals Process.--
``(1) In general.--The Secretary shall establish a
transparent and responsive appeals process under which a
provider of services or supplier may have their name removed
from the National Practitioner Data Bank. Under such process,
appeals shall be conducted in a timely manner (not more than
90 days after the earlier of the date of the listing in the
National Practitioner Data Bank or the issuance of any
penalty involved) in order to minimize the time that
providers of services

[[Page 20121]]

or suppliers who successfully appeal are excluded from
participation under the programs under titles XVIII and XIX.
``(2) Consultation.--The Secretary shall consult with major
colleges of medical practice in the United States, commercial
health plans, the Inspector General of the Department of
Health and Human Services, the National Association of
Insurance Commissioners, and the Federation of State Medical
Boards in establishing the appeals process under paragraph
(1).
``(e) Definitions.--In this section:
``(1) Commercial health plan.--The term `commercial health
plan' means health insurance coverage (as defined in section
2791 of the Public Health Service Act and including group
health plans).
``(2) Final adverse action.--The term `final adverse
action' means one or more of the following actions:
``(A) A Medicare-imposed revocation of any Medicare billing
privileges.
``(B) Suspension or revocation of a license to provide
health care by any State licensing authority.
``(C) A conviction of a Federal or State felony offense
within the last 10 years preceding enrollment, revalidation,
or re-enrollment.
``(D) An exclusion or debarment from participation in a
Federal or State health care program.''.
(b) Criminal Penalty for Misuse of Information Disclosed.--
Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-
7b(b)) is amended by adding at the end the following:
``(4) Whoever knowingly uses information disclosed from the
National Practitioner Data Bank under section 1128K for a
purpose other than those authorized under that section shall
be imprisoned for not more than 3 years or fined under title
18, United States Code, or both.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.

SEC. 763. LIABILITY OF MEDICARE ADMINISTRATIVE CONTRACTORS
FOR CLAIMS SUBMITTED BY EXCLUDED PROVIDERS.

(a) Reimbursement to the Secretary for Amounts Paid to
Excluded Providers.--Section 1874A(b) of the Social Security
Act (42 U.S.C. 1395kk(b)) is amended by adding at the end the
following new paragraph:
``(6) Reimbursements to secretary for amounts paid to
excluded providers.--
``(A) Limitation.--
``(i) In general.--Except as provided in clause (ii), the
Secretary shall not enter into a contract with a Medicare
administrative contractor under this section unless the
contractor agrees to reimburse the Secretary for any amounts
paid by the contractor for with respect to any item or
service (other than an emergency item or service, not
including items or services furnished in an emergency room of
a hospital) which is furnished--

``(I) by an individual or entity during the period when
such individual or entity is excluded pursuant to section
1128, 1128A, 1156 or 1842(j)(2) from participation in the
program under this title; or
``(II) at the medical direction or on the prescription of a
physician during the period when he is excluded pursuant to
section 1128, 1128A, 1156 or 1842(j)(2) from participation in
the program under this title and when the person furnishing
such item or service knew or had reason to know of the
exclusion (after a reasonable time period after reasonable
notice has been furnished to the person).

``(ii) Exception.--Where a Medicare administrative
contractor pays a claim for payment for items or services
furnished by an individual or entity excluded from
participation in the programs under this title, pursuant to
section 1128, 1128A, 1156, or l866, and such Medicare
administrative contractor did not know or have reason to know
that such individual or entity was so excluded, then, to the
extent permitted by this title, and notwithstanding such
exclusion, the contractor shall not be required to reimburse
the Secretary under clause (i) for any amounts paid with
respect to such items or services. In each such case the
Secretary shall notify the contractor of the exclusion of the
individual or entity furnishing the items or services. A
Medicare administrative contractor shall not make payment for
items or services furnished by an excluded individual or
entity to a beneficiary after a reasonable time (as
determined by the Secretary in regulations) after the
Secretary has notified the contractor of the exclusion of
that individual or entity.
``(B) Requirement to review claims.--A Medicare
administrative contractor shall review claims submitted to
the contractor for payment for services under this title in
order to ensure that such services were not furnished by an
individual or entity during any period for which the
individual or entity is excluded from such participation (as
described in subparagraph (A)).''.
(b) Report on Effectiveness and Development of Scorecard
and Measurable Performance Metrics for Medicare
Contractors.--
(1) Report.--
(A) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the overall
effectiveness and potential of Medicare contractors.
(B) Contents of report.--The report submitted under
subparagraph (A) shall include the Secretary's
recommendations for the development of measurable performance
metrics and a scorecard for Medicare contractors (or, in the
case of Medicare administrative contractors, updated and
revised measurable performance metrics and a revised
scorecard), together with recommendations for such
legislation and administrative action as the Secretary
determines appropriate
(2) Consultation.--The Secretary shall consult with
Medicare contractors, the Inspector General of the Department
of Health and Human Services, private sector waste, fraud,
and abuse experts, and entities with experience combating and
preventing waste, fraud, and abuse, including through the
review of Medicare claims, in preparing the report submitted
under paragraph (1).
(3) Medicare contractors defined.--In this subsection, the
term ``Medicare contractor'' means any of the following:
(A) A Medicare administrative contractor under section
1874A of the Social Security Act.
(B) A Medicare Program Safeguard Contractor.
(C) A Zone Program Integrity Contractor.
(D) A Medicare Drug Integrity Contractor.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply to claims for reimbursement submitted on or after
the date of enactment of this Act.
(2) Contract modification.--The Secretary of Health and
Human Services shall take such steps as may be necessary to
modify contracts entered into, renewed, or extended prior to
the date of enactment of this Act to conform such contracts
to the provisions of and amendments made by this section.

SEC. 764. LIMITING THE DISCHARGE OF DEBTS IN BANKRUPTCY
PROCEEDINGS IN CASES WHERE A HEALTH CARE
PROVIDER OR A SUPPLIER ENGAGES IN FRAUDULENT
ACTIVITY.

(a) In General.--
(1) Civil monetary penalties.--Section 1128A(a) of the
Social Security Act (42 U.S.C. 1320a-7a(a)) is amended by
adding at the end the following: ``Notwithstanding any other
provision of law, amounts made payable under this section are
not dischargeable under section 727, 944, 1141, 1228, or 1328
of title 11, United States Code, or any other provision of
such title.''.
(2) Recovery of overpayment to providers of services under
part a.--Section 1815(d) of the Social Security Act (42
U.S.C. 1395g(d)) is amended--
(A) by inserting ``(1)'' after ``(d)''; and
(B) by adding at the end the following:
``(2) Notwithstanding any other provision of law, amounts
due to the Secretary under this section are not dischargeable
under section 727, 944, 1141, 1228, or 1328 of title 11,
United States Code, or any other provision of such title if
the overpayment was the result of fraudulent activity, as may
be defined by the Secretary.''.
(3) Recovery of overpayment of benefits under part b.--
Section 1833(j) of the Social Security Act (42 U.S.C.
1395l(j)) is amended--
(A) by inserting ``(1)'' after ``(j)''; and
(B) by adding at the end the following:
``(2) Notwithstanding any other provision of law, amounts
due to the Secretary under this section are not dischargeable
under section 727, 944, 1141, 1228, or 1328 of title 11,
United States Code, or any other provision of such title if
the overpayment was the result of fraudulent activity, as may
be defined by the Secretary.''.
(4) Collection of past-due obligations arising from breach
of scholarship and loan contract.--Section 1892(a) of the
Social Security Act (42 U.S.C. 1395ccc(a)) is amended by
adding at the end the following:
``(5) Notwithstanding any other provision of law, amounts
due to the Secretary under this section are not dischargeable
under section 727, 944, 1141, 1228, or 1328 of title 11,
United States Code, or any other provision of such title.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to bankruptcy petitions filed after the date of
enactment of this Act.

SEC. 765. PREVENTION OF WASTE, FRAUD, AND ABUSE IN THE
MEDICAID AND CHIP PROGRAMS.

(a) Detection of Fraudulent Identification Numbers Within
the Medicaid and CHIP Programs.--
(1) Medicaid.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of
the Patient Protection and Affordable Care Act (Public Law
111-148), is amended--
(A) in paragraph (25), by striking ``or'' at the end;
(B) in paragraph (26), by striking the period and inserting
``; or''; and
(C) by adding at the end the following new paragraph:
``(27) with respect to amounts expended for an item or
service for which medical assistance is provided under the
State plan or under a waiver of such plan unless the claim
for payment for such item or service contains--

[[Page 20122]]

``(A) a valid beneficiary identification number that, for
purposes of the individual who received such item or service,
has been determined by the State agency to correspond to an
individual who is eligible to receive benefits under the
State plan or waiver; and
``(B) a valid National Provider Identifier that, for
purposes of the provider that furnished such item or service,
has been determined by the State agency to correspond to a
participating provider that is eligible to receive payment
for furnishing such item or service under the State plan or
waiver.''.
(2) CHIP.--Section 2107(e)(1)(I) of the Social Security Act
(42 U.S.C. 1397gg(e)(1)(I)) is amended by striking ``and
(17)'' and inserting ``(17), and (27)''.
(b) Screening Requirements for Managed Care Entities.--
(1) In general.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended--
(A) by redesignating the second subsection (ii), as added
by section 6401(b)(1)(B) of the Patient Protection and
Affordable Care Act, as subsection (kk) of such section; and
(B) in subsection (kk), as so redesignated--
(i) by redesignating paragraph (8) as paragraph (9); and
(ii) by inserting after paragraph (7) the following new
paragraph:
``(8) Managed care entities.--The State establishes
procedures to ensure that any managed care entity (as defined
in section 1932(a)(1)(B)) under contract with the State
complies with all applicable requirements under this
subsection.''.
(2) Medicaid managed care organizations.--Section
1903(m)(2)(A) of the Social Security Act (42 U.S.C.
1396b(m)(2)(A)) is amended--
(A) in clause (xii), by striking ``and'' at the end;
(B) in clause (xiii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(xiv) such contract requires that the entity comply with
any applicable screening, oversight, and reporting
requirements under section 1902(kk).''.
(3) Managed care entities.--Section 1932(d) of the Social
Security Act (42 U.S.C. 1396u-2(d)) is amended by adding at
the end the following new paragraph:
``(5) Compliance with screening, oversight, and reporting
requirements.--A managed care entity shall comply with any
applicable screening, oversight, and reporting requirements
under section 1902(kk).''.
(c) Required Database Checks.--Clause (i) of section
1866(j)(2)(B) of the Social Security Act (42 U.S.C.
1395cc(j)(2)(B)) is amended to read as follows:
``(i) shall include--

``(I) a licensure check, which may include such checks
across States; and
``(II) for purposes of the Medicaid program under title
XIX--

``(aa) database checks (including such checks across
States), which shall include--
``(AA) the Medicaid Statistical Information System (as
described in section 1903(r)(1)(F)); and
``(BB) any relevant medical databases that are maintained
by the State agencies, as determined by the Secretary in
consultation with the directors of the State agencies; and
``(bb) coordination of excluded provider lists between the
Secretary and the State agency, including exchanges of data
regarding excluding providers between Federal and State
databases; and''.
(d) Technical Corrections.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a), as amended by subsection
(b)(1), is further amended--
(1) in subsection (a)--
(A) in paragraph (23), by striking ``subsection (ii)(4)''
and inserting ``subsection (kk)(4)''; and
(B) in paragraph (77), by striking ``subsection (ii)'' and
inserting ``subsection (kk)''; and
(2) in subsection (kk), by striking ``section 1886'' each
place it appears and inserting ``section 1866''.

SEC. 766. ILLEGAL DISTRIBUTION OF A MEDICARE, MEDICAID, OR
CHIP BENEFICIARY IDENTIFICATION OR BILLING
PRIVILEGES.

Section 1128B(b) of the Social Security Act (42 U.S.C.
1320a-7b(b)), as amended by section 962(b), is amended by
adding at the end the following:
``(5) Whoever knowingly, intentionally, and with the intent
to defraud purchases, sells or distributes, or arranges for
the purchase, sale, or distribution of a Medicare, Medicaid,
or CHIP beneficiary identification number or billing
privileges under title XVIII, title XIX, or title XXI shall
be imprisoned for not more than 10 years or fined not more
than $500,000 ($1,000,000 in the case of a corporation), or
both.''.

SEC. 767. PILOT PROGRAM FOR THE USE OF UNIVERSAL PRODUCT
NUMBERS ON CLAIM FORMS FOR REIMBURSEMENT UNDER
THE MEDICARE PROGRAM.

(a) Establishment.--
(1) In general.--Not later than January 1, 2013, the
Secretary shall establish a pilot program under which claims
for reimbursement under the Medicare program for UPN covered
items contain the universal product number of the UPN covered
item.
(2) Duration.--The pilot program under this section shall
be conducted for a 2-year period.
(3) Consideration of gao recommendations.--The Secretary
shall take into account the recommendations of the
Comptroller General of the United States in establishing the
pilot program under this section.
(b) Development and Implementation of Procedures.--
(1) Information included in upn.--The Secretary, in
consultation with manufacturers and entities with appropriate
expertise, shall determine the relevant descriptive
information appropriate for inclusion in a universal product
number for a UPN covered item under the pilot program.
(2) Review of procedure.--The Secretary, in consultation
with interested parties (which shall, at a minimum, include
the Inspector General of the Department of Health and Human
Services and private sector and health industry experts),
shall use information obtained under the pilot program
through the use of universal product numbers on claims for
reimbursement under the Medicare program to periodically
review the UPN covered items billed under the Health Care
Financing Administration Common Procedure Coding System and
adjust such coding system to ensure that functionally
equivalent UPN covered items are billed and reimbursed under
the same codes.
(c) GAO Reports to Congress on Effectiveness of
Implementation of Pilot Program.--
(1) Initial report.--Not later than 6 months after the
implementation of the pilot program under this section, the
Comptroller General of the United States shall submit to
Congress a report on the effectiveness of such
implementation.
(2) Final report.--Not later than 18 months after the
completion of the pilot program under this section, the
Comptroller General of the United States shall submit to
Congress a report on the effectiveness of the pilot program,
together with recommendations regarding the use of universal
product numbers and the use of data obtained from the use of
such numbers, and recommendations for such legislation and
administrative action as the Comptroller General determines
appropriate.
(d) Use of Available Funding.--The Secretary shall use
amounts available in the Centers for Medicare & Medicaid
Services Program Management Account or in the Health Care
Fraud and Abuse Control Account under section 1817(k) of the
Social Security Act (42 U.S.C. 1395i(k)) to carry out the
pilot program under this section.
(e) Definitions.--In this section:
(1) Medicare program.--The term ``Medicare program'' means
the program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Universal product number.--The term ``universal product
number'' means a number that is--
(A) affixed by the manufacturer to each individual UPN
covered item that uniquely identifies the item at each
packaging level; and
(B) based on commercially acceptable identification
standards such as, but not limited to, standards established
by the Uniform Code Council--International Article Numbering
System or the Health Industry Business Communication Council.
(4) UPN covered item.--
(A) In general.--Except as provided in subparagraph (B),
the term ``UPN covered item'' means--
(i) a covered item as that term is defined in section
1834(a)(13) of the Social Security Act (42 U.S.C.
1395m(a)(13));
(ii) an item described in paragraph (8) or (9) of section
1861(s) of such Act (42 U.S.C. 1395x);
(iii) an item described in paragraph (5) of such section
1861(s); and
(iv) any other item for which payment is made under this
title that the Secretary determines to be appropriate.
(B) Exclusion.--The term ``UPN covered item'' does not
include a customized item for which payment is made under
this title.

SEC. 768. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT
NUMBERS ON MEDICARE CARDS.

(a) In General.--Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section
1414(a)(2) of the Patient Protection and Affordable Care Act
(Public Law 111-148), is amended by adding at the end the
following new clause:
``(xi) The Secretary of Health and Human Services, in
consultation with the Commissioner of Social Security, shall
establish cost-effective procedures to ensure that a social
security account number (or any derivative thereof) is not
displayed, coded, or embedded on the Medicare card issued to
an individual who is entitled to benefits under part A of
title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily
identifiable as not being the social security account number
(or a derivative thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of

[[Page 20123]]

Health and Human Services, but in no case shall such
effective date be later than the date that is 24 months after
the date adequate funding is provided pursuant to subsection
(d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such individuals
of such a card that complies with such amendment not later
than 3 years after the effective date specified under
paragraph (1); and
(B) may permit such individuals to apply for the reissuance
of such a card that complies with such amendment before the
date of reissuance otherwise provided under subparagraph (A)
in such exceptional circumstances as the Secretary may
specify.
(c) Outreach Program.--Subject to subsection (d)(2), the
Secretary of Health and Human Services, in consultation with
the Commissioner of Social Security, shall conduct an
outreach program to Medicare beneficiaries and providers
about the new Medicare card provided under this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply until
adequate funding is transferred pursuant to section 11(b) to
implement the provisions of this section, as determined by
Congress; and
(B) any deadlines otherwise established under this section
for such amendment and requirements are contingent upon the
receipt of adequate funding (as determined in subparagraph
(A)) for such implementation.
The previous sentence shall not affect the timely submission
of the report required under paragraph (1).

SEC. 769. IMPLEMENTATION.

(a) Empowering the HHS OIG and GAO.--Except as otherwise
provided, to the extent practicable, the Secretary of Health
and Human Services (in this section referred to as the
``Secretary'') shall--
(1) carry out the provisions of and amendments made by this
subtitle in consultation with the Inspector General of the
Department of Health and Human Services; and
(2) take into consideration the findings and
recommendations of the Comptroller General of the United
States in carrying out such provisions and amendments.
(b) Funding.--The Secretary shall provide for the transfer,
from the Health Care Fraud and Abuse Control Account under
section 1817(k) of the Social Security Act (42 U.S.C.
1395i(k)), to the Centers for Medicare & Medicaid Services
Program Management Account, of such sums, provided such sums
are fully offset, as the Secretary determines are for
necessary administrative expenses associated with carrying
out the provisions of and amendments made by this subtitle
(other than section 967). Amounts transferred under the
preceding sentence shall remain available until expended.
(c) Savings.--Any reduction in outlays under the Medicare
program under title XVIII of the Social Security Act under
the provisions of, and amendments made by, this subtitle may
only be utilized to offset outlays under part A of title
XVIII of the Social Security Act.

TITLE VIII--BUDGETARY PROVISIONS

SEC. 801. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on this conference
report or amendment between the Houses.

SEC. 802. EMERGENCY DESIGNATIONS.

(a) Statutory Paygo.--This Act is designated as an
emergency requirement pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2
U.S.C. 933(g)) except to the extent that the budgetary
effects of this Act are determined to be subject to the
current policy adjustments under sections 4(c) and 7 of the
Statutory Pay-As-You-Go Act.
(b) Senate.--In the Senate, this Act is designated 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.
(c) House of Representatives.--In the House of
Representatives, every provision of this Act is expressly
designated as an emergency for purposes of pay-as-you-go
principles except to the extent that any such provision is
subject to the current policy adjustments under section 4(c)
of the Statutory Pay-As-You-Go Act of 2010.

SEC. 803. SPENDING CAPS.

The Balanced Budget and Emergency Deficit Control Act of
1985 is amended by inserting after section 253 the following:

``SEC. 253A. ENFORCING SPENDING CAPS.

``(a) Enforcing Discretionary Spending Limits.--In this
section, the term `discretionary spending limit' means an
amount, as estimated by OMB, not to exceed--
``(1) for fiscal year 2012, an amount equal to
discretionary outlays for fiscal year 2011;
``(2) for fiscal year 2013, an amount equal to
discretionary outlays for fiscal year 2008, adjusted for
inflation; and
``(3) for each of the fiscal years 2014 through 2020, an
amount equal to the discretionary outlays for preceding
fiscal year increased by an amount equal to 50 percent of the
projected rate of inflation.
``(b) Discretionary Spending Limit.--The Office of
Management and Budget shall estimate the discretionary
spending limit for the target fiscal year at the outset of
the previous fiscal year, on April 30, on August 20, and 15
days after the conclusion of the fiscal year. CBO shall
provide advisory reports calculating the discretionary
spending limit at identical times.
``(c) Sequestration.--
``(1) In general.--
``(A) Excess spending.--Not later than 45 calendar days
after the beginning of a fiscal year, OMB shall conduct a
sequestration to eliminate any excess discretionary spending.
``(B) Definition.--For purposes of this subsection, the
term `excess discretionary spending' means the amount by
which total Federal discretionary spending for a fiscal year
exceeds the discretionary spending limit as adjusted pursuant
to paragraph (2).
``(2) Preview report.--CBO shall submit an advisory
sequestration preview report as described in section
254(c)(4) on August 10 of each year. OMB shall produce an
sequestration preview report on August 20 as described in
section 254(c)(4). Fifteen days after the fiscal year begins,
OMB shall issue an updated sequestration report as described
in section 254(e). Thirty days later, the OMB should issue
its final sequestration report as described in section
254(f)(3). It shall be accompanied by a Presidential order
detailing the uniform spending reductions. The reductions
should generally follow the process set forth in section 253
and 254, except as provided in this section.
``(3) Congressional action.--If the August 20 OMB report
projects a sequestration, the Senate and House Budget
Committees may report a resolution directing their committees
to change the existing law to achieve the goals outlined in
the August 20 report. If the Committees report their
respective resolutions, a reconciliation process shall be
triggered in accordance with section 258C.
``(4) Reducing nonexempt budgetary resources by a uniform
percentage.--OMB shall calculate the uniform percentage by
which the budgetary resources of nonexempt direct and
discretionary spending programs are to be sequestered such
that the outlay savings resulting from that sequestration, as
calculated under this subsection, to eliminate excess
outlays.
``(d) No Exempt Programs.--Section 255 shall not apply to
this section, except that payments for net interest (budget
function 900) shall be exempt.
``(e) Look Back.--If, after June 30, a bill resulting in
outlays for the fiscal year in progress is enacted that
causes excess outlays, the excess outlays for the next fiscal
year shall be increased by the amount or amounts of that
breach.''.
______

SA 4807. Mr. McCain submitted an amendment intended to be proposed by
him to the bill H.R. 3082, making appropriations for military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2010, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION ON FUNDING EARMARKS.

(a) In General.--Notwithstanding any other provision of
this Act, none of the funds provided in this Act may be
expended to fund an earmark. Any account in this Act from
which an earmark is made shall be reduced by an amount equal
to any such earmark.
(b) Earmark Defined.--The term ``earmark'' means a
congressionally directed spending item, limited tax benefit,
or limited tariff benefit as defined in paragraph 5 of rule
XLIV of the Standing Rules of the Senate, as added by section
521 of the Honest Leadership and Open Government Act of 2007
(Public Law 110-81).

[[Page 20124]]

______

SA 4808. Mr. CORKER (for himself, Mrs. McCaskill, Mr. Alexander, Mr.
Burr, Mr. Chambliss, Mr. Cornyn, Mr. Isakson, Mr. LeMieux, and Mr.
McCain) submitted an amendment intended to be proposed to amendment SA
4753 proposed by Mr. Reid (for himself and Mr. McConnell) to the bill
H.R. 4853, to amend the Internal Revenue Code of 1986 to extend the
funding and expenditure authority of the Airport and Airway Trust Fund,
to amend title 49, United States Code, to extend authorizations for the
airport improvement program, and for other purposes; which was ordered
to lie on the table; as follows:

On page _, between lines _ and _, insert the following:

TITLE __--CAP ACT OF 2010

SEC. _01. SHORT TITLE.

This title may be cited as the ``Commitment to American
Prosperity Act of 2010'' or the ``CAP Act of 2010''.

SEC. _02. FINDINGS.

Congress finds the following:
(1) This Act is authorized by the United States
Constitution under clause 1 of section 8 of article I,
relating to the power of the Congress to tax and spend.
(2) Total Federal outlays have averaged 20.4 percent of
gross domestic product over the past 50 years.
(3) Total Federal outlays in fiscal year 2010 were 23.8
percent of gross domestic product.
(4) Total Federal outlays in fiscal year 2020 will be 25.9
percent of gross domestic product.
(5) It is appropriate and necessary to put total federal
outlays under a limitation, as a percent of gross domestic
product, such that a downward glide path ultimately brings
spending in line with historical norms.

SEC. _03. OUTLAYS EXCEEDING THE GDP OUTLAY LIMIT.

(a) Definitions.--Section 250(c)(4) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by
striking paragraph (4), redesignating the succeeding
paragraphs accordingly, and adding the following paragraphs:
``(19) The term `GDP', for any fiscal year, means the gross
domestic product during such fiscal year consistent with
Department of Commerce definitions.
``(20)(A) The term `emergency requirement' means any
provision that provides new budget authority and resulting
outlays for a situation that poses a threat to life,
property, or national security and is--
``(i) sudden, quickly coming into being, and not building
up over time;
``(ii) an urgent, pressing, and compelling need requiring
immediate action;
``(iii) unforeseen, unpredictable, and unanticipated; and
``(iv) not permanent, temporary in nature.
``(B) An emergency that is part of an aggregate level of
anticipated emergencies, particularly when normally estimated
in advance, is not unforeseen.
``(21) The term `target fiscal year' means the fiscal year
in which a GDP outlay limit is in effect under section
253A.''.
(b) Caps.--The Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting after section 253
the following:

``SEC. 253A. ENFORCING GDP OUTLAY LIMITS.

``(a) Enforcing GDP Outlay Limits.--In this section, the
term `GDP outlay limit' means an amount, as estimated by OMB,
equal to--
``(1) the average GDP for the first 3 of the 4 fiscal years
preceding the target fiscal year (fiscal year 2009, fiscal
year 2010 and fiscal year 2011 for target year fiscal year
2013, and so on); multiplied by
``(2)(A) 25 percent for fiscal year 2013; and
``(B) for fiscal years 2014 through 2022, 25 percent minus
0.168 percent accumulating for each fiscal year (25 percent
minus .168 percent in fiscal year 2014, 25 percent minus .336
percent in fiscal year 2015, and so on).
``(b) GDP Outlay Limit and Outlays.--
``(1) Determining the gdp outlay limit.--The Office of
Management and Budget shall estimate the GDP outlay limit for
the target fiscal year at the outset of the previous fiscal
year, on April 30, on August 20, and 15 days after the
conclusion of the fiscal year. CBO shall provide advisory
reports calculating the GDP outlay limit at identical times.
``(2) Total federal outlays.--In this section, total
Federal outlays shall--
``(A) include all on-budget and off-budget outlays; and
``(B) exclude surplus-funded redemptions of the public
debt.
``(c) Sequestration.--
``(1) In general.--
``(A) Excess spending.--Not later than 45 calendar days
after the beginning of a fiscal year, OMB shall conduct a
sequestration to eliminate the excess outlay amount.
``(B) Definition.--For purposes of this subsection, the
term `excess outlay amount' means the amount by which total
Federal outlays for a fiscal year exceed the GDP outlay limit
as adjusted pursuant to paragraph (2).
``(2) Preview report.--CBO shall submit an advisory
sequestration preview report as described in section
254(c)(4) on August 10 of each year. OMB shall produce an
sequestration preview report on August 20 as described in
section 254(c)(4). Fifteen days after the fiscal year begins,
OMB shall issue an updated sequestration report as described
in section 254(e). Thirty days later, the OMB should issue
its final sequestration report as described in section
254(f)(3). It shall be accompanied by a Presidential order
detailing the uniform spending reductions. The reductions
should generally follow the process set forth in section 253
and 254, except as provided in this section.
``(3) Congressional action.--If the August 20 OMB report
projects a sequestration, the Senate and House Budget
Committees may report a resolution directing their committees
to change the existing law to achieve the goals outlined in
the August 20 report. If the Committees report their
respective resolutions, a reconciliation process shall be
triggered in accordance with section 258C.
``(4) Reducing nonexempt budgetary resources by a uniform
percentage.--OMB shall calculate the uniform percentage by
which the budgetary resources of nonexempt direct and
discretionary spending programs are to be sequestered such
that the outlay savings resulting from that sequestration, as
calculated under this subsection, to eliminate excess
outlays.
``(d) Exceptions.--Total Federal outlays may exceed the GDP
outlay limit if during the fiscal year the excess amount is
being paid to reduce the public debt or the public debt is
zero.
``(e) No Exempt Programs.--Section 255 shall not apply to
this section, except that payments for net interest (budget
function 900) shall be exempt.
``(f) Look Back.--If, after June 30, a bill resulting in
outlays for the fiscal year in progress is enacted that
causes excess outlays, the excess outlays for the next fiscal
year shall be increased by the amount or amounts of that
breach.''.
(c) Effective Date.--This section shall apply beginning in
fiscal year 2013 and beyond.

SEC. _05. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL
BUDGET ACT OF 1974.

(a) Enforcement.--Title III of the Congressional Budget Act
of 1974 is amended by adding after section 315 the following:

``SEC. 316. ENFORCEMENT PROCEDURES.

``(a) GDP Outlay Limits.--It shall not be in order in the
House of Representatives or the Senate to consider any bill,
joint resolution, amendment, or conference report that
includes any provision that would cause the most recently
reported, current GDP outlay limits set forth in section 253A
of the Balanced Budget and Emergency Deficit Control Act of
1985 to be exceeded.
``(b) Waiver or Suspension.--
``(1) In the senate.--The provisions of this section may be
waived or suspended in the Senate only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn.
``(2) In the house.--The provisions of this section may be
waived or suspended in the House of Representatives only by a
rule or order proposing only to waive such provisions by an
affirmative vote of two-thirds of the Members, duly chosen
and sworn.
``(c) Point of Order Protection.--In the House, it shall
not be in order to consider a rule or order that waives the
application of paragraph (2) of subsection (b).
``(d) Motion to Suspend.--It shall not be in order for the
Speaker to entertain a motion to suspend the application of
this section under clause 1 of rule XV.''.
(b) Table of Contents.--The table of contents in section
1(b) of the Congressional Budget and Impoundment Control Act
of 1974 is amended by inserting after the item relating to
section 315 the following:

``Sec. 316. Enforcement procedures.''.
______

SA 4809. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr.
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of
1986 to extend the funding and expenditure authority of the Airport and
Airway Trust Fund, to amend title 49, United States Code, to extend
authorizations for the airport improvement program, and for other
purposes; which was ordered to lie on the table; as follows:

Strike all after the first word and insert the following:

1. SHORT TITLE; ETC.

Sec. 1. Short title; etc.

[[Page 20125]]

TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2009 tax relief.

TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax
exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for
nonrefundable personal credits.

TITLE III--RESPONSIBLE ESTATE TAX REFORM

Sec. 301. Short title.
Sec. 302. Reinstatement of estate tax; repeal of carryover basis.
Sec. 303. Modifications to estate, gift, and generation-skipping
transfer taxes.
Sec. 304. Application of EGTRRA sunset to this title.

TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Extension of bonus depreciation; temporary 100 percent
expensing for certain business assets.
Sec. 402. Temporary extension of increased small business expensing.

TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED
MATTERS

TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

Sec. 601. Making work pay credit.

TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

Subtitle A--Energy

Sec. 701. Incentives for biodiesel and renewable diesel.
Sec. 702. Credit for refined coal facilities.
Sec. 703. New energy efficient home credit.
Sec. 704. Excise tax credits and outlay payments for alternative fuel
and alternative fuel mixtures.
Sec. 705. Special rule for sales or dispositions to implement FERC or
State electric restructuring policy for qualified
electric utilities.
Sec. 706. Suspension of limitation on percentage depletion for oil and
gas from marginal wells.
Sec. 707. Extension of grants for specified energy property in lieu of
tax credits.
Sec. 708. Extension of provisions related to alcohol used as fuel.
Sec. 709. Energy efficient appliance credit.
Sec. 710. Credit for nonbusiness energy property.
Sec. 711. Alternative fuel vehicle refueling property.

Subtitle B--Individual Tax Relief

Sec. 721. Deduction for certain expenses of elementary and secondary
school teachers.
Sec. 722. Deduction of State and local sales taxes.
Sec. 723. Contributions of capital gain real property made for
conservation purposes.
Sec. 724. Above-the-line deduction for qualified tuition and related
expenses.
Sec. 725. Tax-free distributions from individual retirement plans for
charitable purposes.
Sec. 726. Look-thru of certain regulated investment company stock in
determining gross estate of nonresidents.
Sec. 727. Parity for exclusion from income for employer-provided mass
transit and parking benefits.
Sec. 728. Refunds disregarded in the administration of Federal programs
and federally assisted programs.

Subtitle C--Business Tax Relief

Sec. 731. Research credit.
Sec. 732. Indian employment tax credit.
Sec. 733. New markets tax credit.
Sec. 734. Railroad track maintenance credit.
Sec. 735. Mine rescue team training credit.
Sec. 736. Employer wage credit for employees who are active duty
members of the uniformed services.
Sec. 737. 15-year straight-line cost recovery for qualified leasehold
improvements, qualified restaurant buildings and
improvements, and qualified retail improvements.
Sec. 738. 7-year recovery period for motorsports entertainment
complexes.
Sec. 739. Accelerated depreciation for business property on an Indian
reservation.
Sec. 740. Enhanced charitable deduction for contributions of food
inventory.
Sec. 741. Enhanced charitable deduction for contributions of book
inventories to public schools.
Sec. 742. Enhanced charitable deduction for corporate contributions of
computer inventory for educational purposes.
Sec. 743. Election to expense mine safety equipment.
Sec. 744. Special expensing rules for certain film and television
productions.
Sec. 745. Expensing of environmental remediation costs.
Sec. 746. Deduction allowable with respect to income attributable to
domestic production activities in Puerto Rico.
Sec. 747. Modification of tax treatment of certain payments to
controlling exempt organizations.
Sec. 748. Treatment of certain dividends of regulated investment
companies.
Sec. 749. RIC qualified investment entity treatment under FIRPTA.
Sec. 750. Exceptions for active financing income.
Sec. 751. Look-thru treatment of payments between related controlled
foreign corporations under foreign personal holding
company rules.
Sec. 752. Basis adjustment to stock of S corps making charitable
contributions of property.
Sec. 753. Empowerment zone tax incentives.
Sec. 754. Tax incentives for investment in the District of Columbia.
Sec. 755. Temporary increase in limit on cover over of rum excise taxes
to Puerto Rico and the Virgin Islands.
Sec. 756. American Samoa economic development credit.
Sec. 757. Work opportunity credit.
Sec. 758. Qualified zone academy bonds.
Sec. 759. Mortgage insurance premiums.
Sec. 760. Temporary exclusion of 100 percent of gain on certain small
business stock.

Subtitle D--Temporary Disaster Relief Provisions

subpart a--new york liberty zone

Sec. 761. Tax-exempt bond financing.

subpart b--go zone

Sec. 762. Increase in rehabilitation credit.
Sec. 763. Low-income housing credit rules for buildings in GO zones.
Sec. 764. Tax-exempt bond financing.
Sec. 765. Bonus depreciation deduction applicable to the GO Zone.

TITLE VIII--SENIOR CITIZENS RELIEF

Sec. 801. Short title.
Sec. 802. Extension and modification of certain economic recovery
payments.

TITLE IX--INFRASTRUCTURE, ENERGY, AND WATER PROVISIONS

Subtitle A--TIGER Discretionary Grants

Sec. 901. TIGER discretionary grants.

Subtitle B--National Infrastructure Bank

Sec. 911. Findings.
Sec. 912. Definitions.
Sec. 913. Establishment of national infrastructure development bank.
Sec. 914. Board of directors.
Sec. 915. Executive committee.
Sec. 916. Risk management committee.
Sec. 917. Audit Committee.
Sec. 918. Personnel.
Sec. 919. Eligibility criteria for assistance from Bank.
Sec. 920. Exemption from local taxation.
Sec. 921. Status and applicability of certain Federal laws; full faith
and credit.
Sec. 922. Compliance with Davis-Bacon Act.
Sec. 923. Applicability of certain State laws.
Sec. 924. Audits; reports to President and Congress.
Sec. 925. Capitalization of bank.
Sec. 926. Sunset.

Subtitle C--Energy and Water Programs

Sec. 931. Energy Efficiency and Conservation Block Grant Program.
Sec. 932. State water pollution control revolving funds.
Sec. 933. State drinking water revolving loan funds.
Sec. 934. State energy conservation plans.
Sec. 935. Temporary program for rapid deployment of renewable energy
and electric power transmission projects.
Sec. 936. Extension of qualifying advanced energy project credit.
Sec. 937. Land and Water Conservation Fund.
Sec. 938. Flood control projects.

Subtitle D--Housing Programs

Sec. 941. National Housing Trust Fund.
Sec. 942. Green retrofit program.

TITLE X--BUDGETARY PROVISIONS

Sec. 1001. Determination of budgetary effects.

[[Page 20126]]

Sec. 1002. Emergency designations.

TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

(a) Temporary Extension.--
(1) In general.--Section 901 of the Economic Growth and Tax
Relief Reconciliation Act of 2001 is amended by striking
``December 31, 2010'' both places it appears and inserting
``December 31, 2012''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001.
(b) Application to Taxpayers With Income of $250,000 or
More.--
(1) Income tax rates.--
(A) 25- and 28- percent rate brackets made permanent.--
Paragraph (2) of section 1(i) is amended to read as follows:
``(2) 25- and 28- percent rate brackets.--The tables under
subsections (a), (b), (c), (d), and (e) shall be applied--
``(A) by substituting `25%' for `28%' each place it appears
(before the application of subparagraph (B)), and
``(B) by substituting `28%' for `31%' each place it
appears.''.
(B) 33-percent rate bracket.--Subsection (i) of section 1
is amended by redesignating paragraph (3) as paragraph (4)
and by inserting after paragraph (2) the following new
paragraph:
``(3) 33-percent rate bracket.--
``(A) In general.--In the case of taxable years beginning
after December 31, 2010--
``(i) the rate of tax under subsections (a), (b), (c), and
(d) on a taxpayer's taxable income in the fourth rate bracket
shall be 33 percent to the extent such income does not exceed
an amount equal to the excess of--

``(I) the applicable amount, over
``(II) the dollar amount at which such bracket begins, and

``(ii) the 36 percent rate of tax under such subsections
shall apply only to the taxpayer's taxable income in such
bracket in excess of the amount to which clause (i) applies.
``(B) Applicable amount.--For purposes of this paragraph,
the term `applicable amount' means the excess of--
``(i) the applicable threshold, over
``(ii) the sum of the following amounts in effect for the
taxable year:

``(I) the basic standard deduction (within the meaning of
section 63(c)(2)), and
``(II) the exemption amount (within the meaning of section
151(d)(1) (or, in the case of subsection (a), 2 such
exemption amounts).

``(C) Applicable threshold.--For purposes of this
paragraph, the term `applicable threshold' means--
``(i) $250,000 in the case of subsection (a),
``(ii) $200,000 in the case of subsections (b) and (c), and
``(iii) \1/2\ the amount applicable under clause (i) (after
adjustment, if any, under subparagraph (E)) in the case of
subsection (d).
``(D) Fourth rate bracket.--For purposes of this paragraph,
the term `fourth rate bracket' means the bracket which would
(determined without regard to this paragraph) be the 36-
percent rate bracket.
``(E) Inflation adjustment.--For purposes of this
paragraph, a rule similar to the rule of paragraph (1)(C)
shall apply with respect to taxable years beginning in
calendar years after 2010, applied by substituting `2008' for
`1992' in subsection (f)(3)(B).''.
(2) Phaseout of personal exemptions and itemized
deductions.--
(A) Overall limitation on itemized deductions.--Section 68
is amended--
(i) by striking ``the applicable amount'' the first place
it appears in subsection (a) and inserting ``the applicable
threshold in effect under section 1(i)(3)'',
(ii) by striking ``the applicable amount'' in subsection
(a)(1) and inserting ``such applicable threshold'',
(iii) by striking subsection (b) and redesignating
subsections (c), (d), and (e) as subsections (b), (c), and
(d), respectively, and
(iv) by striking subsections (f) and (g).
(B) Phaseout of deductions for personal exemptions.--
(i) In general.--Paragraph (3) of section 151(d) is
amended--

(I) by striking ``the threshold amount'' in subparagraphs
(A) and (B) and inserting ``the applicable threshold in
effect under section 1(i)(3)'',
(II) by striking subparagraph (C) and redesignating
subparagraph (D) as subparagraph (C), and
(III) by striking subparagraphs (E) and (F).

(ii) Conforming amendments.--Paragraph (4) of section
151(d) is amended--

(I) by striking subparagraph (B),
(II) by redesignating clauses (i) and (ii) of subparagraph
(A) as subparagraphs (A) and (B), respectively, and by
indenting such subparagraphs (as so redesignated)
accordingly, and
(III) by striking all that precedes ``in a calendar year
after 1989,'' and inserting the following:

``(4) Inflation adjustment.--In the case of any taxable
year beginning''.
(c) Effective Date.--Except as otherwise provided, the
amendments made by this section shall apply to taxable years
beginning after December 31, 2010.

SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

(a) Extension.--
(1) In general.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is amended by striking
``December 31, 2010'' and inserting ``December 31, 2012''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the Jobs
and Growth Tax Relief Reconciliation Act of 2003.
(b) 20-percent Capital Gains Rate for Certain High Income
Individuals.--
(1) In general.--Paragraph (1) of section 1(h) is amended
by striking subparagraph (C), by redesignating subparagraphs
(D) and (E) as subparagraphs (E) and (F) and by inserting
after subparagraph (B) the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital gain (or, if
less, taxable income) as exceeds the amount on which a tax is
determined under subparagraph (B), or
``(ii) the excess (if any) of--

``(I) the amount of taxable income which would (without
regard to this paragraph) be taxed at a rate below 39.6
percent, over
``(II) the sum of the amounts on which a tax is determined
under subparagraphs (A) and (B),

``(D) 20 percent of the adjusted net capital gain (or, if
less, taxable income) in excess of the sum of the amounts on
which tax is determined under subparagraphs (B) and (C),''.
(2) Minimum tax.--Paragraph (3) of section 55(b) is amended
by striking subparagraph (C), by redesignating subparagraph
(D) as subparagraph (E), and by inserting after subparagraph
(B) the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital gain (or, if
less, taxable excess) as exceeds the amount on which tax is
determined under subparagraph (B), or
``(ii) the excess described in section 1(h)(1)(C)(ii), plus
``(D) 20 percent of the adjusted net capital gain (or, if
less, taxable excess) in excess of the sum of the amounts on
which tax is determined under subparagraphs (B) and (C),
plus''.
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``15 percent'' and inserting ``20 percent'':
(A) Section 531.
(B) Section 541.
(C) Section 1445(e)(1).
(D) The second sentence of section 7518(g)(6)(A).
(E) Section 53511(f)(2) of title 46, United States Code.
(2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by
striking ``5 percent (0 percent in the case of taxable years
beginning after 2007)'' and inserting ``0 percent''.
(3) Section 1445(e)(6) is amended by striking ``15 percent
(20 percent in the case of taxable years beginning after
December 31, 2010)'' and inserting ``20 percent''.
(d) Effective Dates.--
(1) In general.--Except as provided in otherwise provided,
the amendments made by subsections (b) and (c) shall apply to
taxable years beginning after December 31, 2010.
(2) Withholding.--The amendments made by paragraphs (1)(C)
and (3) of subsection (c) shall apply to amounts paid on or
after January 1, 2011.

SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE
MINIMUM TAX EXEMPTION AMOUNT.

[[Page 20127]]

inserting ``$47,450 in the case of taxable years beginning in
2010 and $48,450 in the case of taxable years beginning in
2011''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.
(c) Repeal of EGTRRA Sunset.--Title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 (relating to
sunset of provisions of such Act) shall not apply to title
VII of such Act (relating to alternative minimum tax).

SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX
RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

TITLE III--RESPONSIBLE ESTATE TAX REFORM

SEC. 301. SHORT TITLE.

This title may be cited as the ``Responsible Estate Tax
Act''.

SEC. 302. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER
BASIS.

SEC. 303. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-
SKIPPING TRANSFER TAXES.

(a) Modifications to Estate Tax.--
(1) $3,500,000 applicable exclusion amount.--Subsection (c)
of section 2010 is amended to read as follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed
were equal to the applicable exclusion amount.
``(2) Applicable exclusion amount.--For purposes of this
subsection, the applicable exclusion amount is $3,500,000.''.
(2) Maximum estate tax rate equal to 45 percent.--
Subsection (c) of section 2001 is amended--
(A) by striking ``Over $1,500,000'' and all that follows in
the table contained in paragraph (1) and inserting the
following:

``Over $1,500,000......................... $555,800, plus 35 percent of
the excess of such amount
over $1,500,000.'',

``For purposes of applying paragraph (2) for any calendar
year, the rates of tax in effect under section 2502(a)(2) for
such calendar year shall, in lieu of the rates of tax in
effect for preceding calendar periods, be used in determining
the amounts allowable as a credit under this section for all
preceding calendar periods.''.
(e) Conforming Amendment.--Section 2511 is amended by
striking subsection (c).
(f) Effective Date.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to estates of decedents dying, generation-skipping transfers,
and gifts made, after December 31, 2009.

SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE.

Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall apply to the amendments made
by this title.

TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100
PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.

``(I) after March 31, 2008, and before January 1, 2010, and
``(II) after December 31, 2010, and before January 1, 2013,

shall be taken into account under subparagraph (B)(ii)
thereof,''.

[[Page 20128]]

(2) Rules for round 2 extension property.--Paragraph (4) of
section 168(k) is amended by adding at the end the following
new subparagraph:
``(I) Special rules for round 2 extension property.--
``(i) In general.--In the case of round 2 extension
property, this paragraph shall be applied without regard to--

``(I) the limitation described in subparagraph (B)(i)
thereof, and
``(II) the business credit increase amount under
subparagraph (E)(iii) thereof.

SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS
EXPENSING.

(a) Dollar Limitation.--Section 179(b)(1) is amended by
striking ``and'' at the end of subparagraph (B) and by
striking subparagraph (C) and inserting the following new
subparagraphs:
``(C) $125,000 in the case of taxable years beginning in
2012, and
``(D) $25,000 in the case of taxable years beginning after
2012.''.
(b) Reduction in Limitation.--Section 179(b)(2) is amended
by striking ``and'' at the end of subparagraph (B) and by
striking subparagraph (C) and inserting the following new
subparagraphs:
``(C) $500,000 in the case of taxable years beginning in
2012, and
``(D) $200,000 in the case of taxable years beginning after
2012.''.
(c) Inflation Adjustment.--Subsection (b) of section 179 is
amended by adding at the end the following new paragraph:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in calendar year 2012, the $125,000 and $500,000
amounts in paragraphs (1)(C) and (2)(C) shall each be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 2006' for
`calendar year 1992' in subparagraph (B) thereof.
``(B) Rounding.--
``(i) Dollar limitation.--If the amount in paragraph (1) as
increased under subparagraph (A) is not a multiple of $1,000,
such amount shall be rounded to the nearest multiple of
$1,000.
``(ii) Phaseout amount.--If the amount in paragraph (2) as
increased under subparagraph (A) is not a multiple of
$10,000, such amount shall be rounded to the nearest multiple
of $10,000.''.
(d) Computer Software.--Section 179(d)(1)(A)(ii) is amended
by striking ``2012'' and inserting ``2013''.
(e) Conforming Amendment.--Section 179(c)(2) is amended by
striking ``2012'' and inserting ``2013''.
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2011.

TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED
MATTERS

SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE
PROVISIONS.

SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE
EXTENDED BENEFIT PROGRAM.

[[Page 20129]]

law), and ending on or before December 31, 2011, the State
may by law provide that the determination of whether there
has been a state `on' or `off' indicator beginning or ending
any extended benefit period shall be made under this
subsection as if the word `either' were `any', the word
``both'' were `all', and the figure `2' were `3' in clause
(1)(A)(ii).''.

SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF
UNEMPLOYMENT COMPENSATION DEBTS.

SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF
CONTINUED DUMPING AND SUBSIDY OFFSET.

SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE
RAILROAD UNEMPLOYMENT INSURANCE ACT.

TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

SEC. 601. MAKING WORK PAY CREDIT.

(a) In General.--Section 36A(e) is amended by striking
``December 31, 2010'' and inserting ``December 31, 2011''.
(b) Treatment of Possessions.--Section 1001(b)(1) of the
American Recovery and Reinvestment Tax Act of 2009 is amended
by striking ``2009 and 2010'' both places it appears and
inserting ``2009, 2010, and 2011''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2010.

TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

Subtitle A--Energy

SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

SEC. 702. CREDIT FOR REFINED COAL FACILITIES.

SEC. 703. NEW ENERGY EFFICIENT HOME CREDIT.

SEC. 704. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR
ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES.

(a) In General.--Sections 6426(d)(5), 6426(e)(3), and
6427(e)(6)(C) are each amended by striking ``December 31,
2009'' and inserting ``December 31, 2011''.
(b) Exclusion of Black Liquor From Credit Eligibility.--The
last sentence of section 6426(d)(2) is amended by striking
``or biodiesel'' and inserting ``biodiesel, or any fuel
(including lignin, wood residues, or spent pulping liquors)
derived from the production of paper or pulp''.
(c) Special Rule for 2010.--Notwithstanding any other
provision of law, in the case of any alternative fuel credit
or any alternative fuel mixture credit properly determined
under subsection (d) or (e) of section 6426 of the Internal
Revenue Code of 1986 for periods during 2010, such credit
shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of
such Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate) shall
provide. Such Secretary shall issue guidance within 30 days
after the date of the enactment of this Act providing for a
one-time submission of claims covering periods during 2010.
Such guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by
such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such
Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this
subsection within 60 days after the date of the filing of
such claim, the claim shall be paid with interest from such
date determined by using the overpayment rate and method
under section 6621 of such Code.
(d) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after December 31, 2009.

SEC. 705. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT
FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR
QUALIFIED ELECTRIC UTILITIES.

SEC. 706. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION
FOR OIL AND GAS FROM MARGINAL WELLS.

SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY
IN LIEU OF TAX CREDITS.

SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS
FUEL.

(a) Extension of Income Tax Credit for Alcohol Used as
Fuel.--
(1) In general.--Paragraph (1) of section 40(e) is
amended--
(A) by striking ``December 31, 2010'' in subparagraph (A)
and inserting ``December 31, 2011'', and
(B) by striking ``January 1, 2011'' in subparagraph (B) and
inserting ``January 1, 2012''.
(2) Reduced amount for ethanol blenders.--Subsection (h) of
section 40 is amended by striking ``2010'' both places it
appears and inserting ``2011''.
(3) Effective date.--The amendments made by this subsection
shall apply to periods after December 31, 2010.
(b) Extension of Excise Tax Credit for Alcohol Used as
Fuel.--
(1) In general.--Paragraph (6) of section 6426(b) is
amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(2) Effective date.--The amendment made by this subsection
shall apply to periods after December 31, 2010.
(c) Extension of Payment for Alcohol Fuel Mixture.--

[[Page 20130]]

(1) In general.--Subparagraph (A) of section 6427(e)(6) is
amended by striking ``December 31, 2010'' and inserting
``December 31, 2011''.
(2) Effective date.--The amendment made by this subsection
shall apply to sales and uses after December 31, 2010.
(d) Extension of Additional Duties on Ethanol.--
(1) In general.--Headings 9901.00.50 and 9901.00.52 of the
Harmonized Tariff Schedule of the United States are each
amended in the effective period column by striking ``1/1/
2011'' and inserting ``1/1/2012''.
(2) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2011.

SEC. 709. ENERGY EFFICIENT APPLIANCE CREDIT.

SEC. 710. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

SEC. 711. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

Subtitle B--Individual Tax Relief

SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND
SECONDARY SCHOOL TEACHERS.

SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES.

SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE
FOR CONSERVATION PURPOSES.

[[Page 20131]]

SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND
RELATED EXPENSES.

SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.

SEC. 726. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY
STOCK IN DETERMINING GROSS ESTATE OF
NONRESIDENTS.

SEC. 727. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
PROVIDED MASS TRANSIT AND PARKING BENEFITS.

SEC. 728. REFUNDS DISREGARDED IN THE ADMINISTRATION OF
FEDERAL PROGRAMS AND FEDERALLY ASSISTED
PROGRAMS.

(a) In General.--Subchapter A of chapter 65 is amended by
adding at the end the following new section:

``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF
FEDERAL PROGRAMS AND FEDERALLY ASSISTED
PROGRAMS.

Subtitle C--Business Tax Relief

SEC. 731. RESEARCH CREDIT.

SEC. 732. INDIAN EMPLOYMENT TAX CREDIT.

SEC. 733. NEW MARKETS TAX CREDIT.

SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT.

SEC. 735. MINE RESCUE TEAM TRAINING CREDIT.

SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE
DUTY MEMBERS OF THE UNIFORMED SERVICES.

SEC. 737. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED
LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT
BUILDINGS AND IMPROVEMENTS, AND QUALIFIED
RETAIL IMPROVEMENTS.

SEC. 738. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS
ENTERTAINMENT COMPLEXES.

SEC. 739. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON
AN INDIAN RESERVATION.

SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF
FOOD INVENTORY.

SEC. 741. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF
BOOK INVENTORIES TO PUBLIC SCHOOLS.

SEC. 742. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE
CONTRIBUTIONS OF COMPUTER INVENTORY FOR
EDUCATIONAL PURPOSES.

SEC. 743. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

SEC. 744. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND
TELEVISION PRODUCTIONS.

SEC. 745. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

SEC. 746. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES
IN PUERTO RICO.

(a) In General.--Subparagraph (C) of section 199(d)(8) is
amended--

[[Page 20132]]

(1) by striking ``first 4 taxable years'' and inserting
``first 6 taxable years''; and
(2) by striking ``January 1, 2010'' and inserting ``January
1, 2012''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2009.

SEC. 747. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.

SEC. 748. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED
INVESTMENT COMPANIES.

SEC. 749. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER
FIRPTA.

SEC. 750. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

SEC. 751. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED
CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN
PERSONAL HOLDING COMPANY RULES.

SEC. 752. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING
CHARITABLE CONTRIBUTIONS OF PROPERTY.

SEC. 753. EMPOWERMENT ZONE TAX INCENTIVES.

SEC. 754. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF
COLUMBIA.

(a) In General.--Subsection (f) of section 1400 is amended
by striking ``December 31, 2009'' each place it appears and
inserting ``December 31, 2011''.
(b) Tax-exempt DC Empowerment Zone Bonds.--Subsection (b)
of section 1400A is amended by striking ``December 31, 2009''
and inserting ``December 31, 2011''.
(c) Zero-percent Capital Gains Rate.--
(1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A),
(4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each
amended by striking ``January 1, 2010'' and inserting
``January 1, 2012''.
(2) Limitation on period of gains.--
(A) In general.--Paragraph (2) of section 1400B(e) is
amended--
(i) by striking ``December 31, 2014'' and inserting
``December 31, 2016''; and
(ii) by striking ``2014'' in the heading and inserting
``2016''.
(B) Partnerships and s-corps.--Paragraph (2) of section
1400B(g) is amended by striking ``December 31, 2014'' and
inserting ``December 31, 2016''.
(d) First-time Homebuyer Credit.--Subsection (i) of section
1400C is amended by striking ``January 1, 2010'' and
inserting ``January 1, 2012''.
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to periods after December 31, 2009.
(2) Tax-exempt dc empowerment zone bonds.--The amendment
made by subsection (b) shall apply to bonds issued after
December 31, 2009.
(3) Acquisition dates for zero-percent capital gains
rate.--The amendments made by subsection (c) shall apply to
property acquired or substantially improved after December
31, 2009.
(4) Homebuyer credit.--The amendment made by subsection (d)
shall apply to homes purchased after December 31, 2009.

SEC. 755. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM
EXCISE TAXES TO PUERTO RICO AND THE VIRGIN
ISLANDS.

SEC. 756. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

SEC. 757. WORK OPPORTUNITY CREDIT.

SEC. 758. QUALIFIED ZONE ACADEMY BONDS.

SEC. 759. MORTGAGE INSURANCE PREMIUMS.

SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON
CERTAIN SMALL BUSINESS STOCK.

[[Page 20133]]

Subtitle D--Temporary Disaster Relief Provisions

PART

Subpart A--New York Liberty Zone

SEC. 761. TAX-EXEMPT BOND FINANCING.

Subpart B--GO Zone

SEC. 762. INCREASE IN REHABILITATION CREDIT.

SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO
ZONES.

Section 1400N(c)(5) is amended by striking ``January 1,
2011'' and inserting ``January 1, 2012''.

SEC. 764. TAX-EXEMPT BOND FINANCING.

SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO
ZONE.

TITLE VIII--SENIOR CITIZENS RELIEF

SEC. 801. SHORT TITLE.

This Act may be cited as the ``Emergency Senior Citizens
Relief Act of 2010''.

SEC. 802. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC
RECOVERY PAYMENTS.

(a) Extension and Modification of Payments.--Section 2201
of the American Recovery and Reinvestment Tax Act of 2009 is
amended--
(1) in subsection (a)(1)(A)--
(A) by inserting ``for each of calendar years 2009 and
2011'' after ``shall disburse'',
(B) by inserting ``(for purposes of payments made for
calendar year 2009), or the 3-month period ending with
December 2010 (for purposes of payments made for calendar
year 2011)'' after ``the date of the enactment of this Act'',
and
(C) by adding at the end the following new sentence: ``In
the case of an individual who is eligible for a payment under
the preceding sentence by reason of entitlement to a benefit
described in subparagraph (B)(i), no such payment shall be
made to such individual for calendar year 2011 unless such
individual was paid a benefit described in such subparagraph
(B)(i) for any month in the 12-month period ending with
December 2010.'',
(2) in subsection (a)(1)(B)(iii), by inserting ``(for
purposes of payments made under this paragraph for calendar
year 2009), or the 3-month period ending with December 2010
(for purposes of payments made under this paragraph for
calendar year 2011)'' before the period at the end,
(3) in subsection (a)(2)--
(A) by inserting ``, or who are utilizing a foreign or
domestic Army Post Office, Fleet Post Office, or Diplomatic
Post Office address'' after ``Northern Mariana Islands'', and
(B) by striking ``current address of record'' and inserting
``address of record, as of the date of certification under
subsection (b) for a payment under this section'',
(4) in subsection (a)(3)--
(A) by inserting ``per calendar year (determined with
respect to the calendar year for which the payment is made,
and without regard to the date such payment is actually paid
to such individual)'' after ``only 1 payment under this
section'', and
(B) by inserting ``FOR THE SAME YEAR'' after ``PAYMENTS''
in the heading thereof,
(5) in subsection (a)(4)--
(A) by inserting ``(or, in the case of subparagraph (D),
shall not be due)'' after ``made'' in the matter preceding
subparagraph (A),
(B) by striking subparagraph (A) and inserting the
following:
``(A) in the case of an individual entitled to a benefit
specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if --
``(i) for the most recent month of such individual's
entitlement in the applicable 3-month period described in
paragraph (1); or
``(ii) for any month thereafter which is before the month
after the month of the payment;

such individual's benefit under such paragraph was not
payable by reason of subsection (x) or (y) of section 202 of
the Social Security Act (42 U.S.C. 402) or section 1129A of
such Act (42 U.S.C. 1320a-8a);'',
(C) in subparagraph (B), by striking ``3 month period'' and
inserting ``applicable 3-month period'',
(D) by striking subparagraph (C) and inserting the
following:
``(C) in the case of an individual entitled to a benefit
specified in paragraph (1)(C) if--
``(i) for the most recent month of such individual's
eligibility in the applicable 3-month period described in
paragraph (1); or
``(ii) for any month thereafter which is before the month
after the month of the payment;

such individual's benefit under such paragraph was not able
by reason of subsection (e)(1)(A) or (e)(4) of section 1611
(42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C.
1320a-8a); or''
(E) by striking subparagraph (D) and inserting the
following:
``(D) in the case of any individual whose date of death
occurs--
``(i) before the date of receipt of the payment; or
``(ii) in the case of a direct deposit, before the date on
which such payment is deposited into such individual's
account.'',
(F) by adding at the end the following flush sentence:

``In the case of any individual whose date of death occurs
before a payment is negotiated (in the case of a check) or
deposited (in the case of a direct deposit), such payment
shall not be due and shall not be reissued to the estate of
such individual or to any other person.'', and
(G) by adding at the end, as amended by subparagraph (F),
the following new sentence: ``Subparagraphs (A)(ii) and
(C)(ii) shall apply only in the case of certifications under
subsection (b) which are, or but for this paragraph would be,
made after the date of the enactment of Emergency Senior
Citizens Relief Act of 2010, and shall apply to such
certifications without regard to the calendar year of the
payments to which such certifications apply.''.
(6) in subsection (a)(5)--
(A) by inserting ``, in the case of payments for calendar
year 2009, and no later than April 30, 2011, in the case of
payments for calendar year 2011'' before the period at the
end of the first sentence of subparagraph (A), and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Deadline.--No payment for calendar year 2009 shall be
disbursed under this section after December 31, 2010, and no
payment for calendar year 2011 shall be disbursed under this
section after December 31, 2012, regardless of any
determinations of entitlement to, or eligibility for, such
payment made after whichever of such dates is applicable to
such payment.'',
(7) in subsection (b), by inserting ``(except that such
certification shall be affected by a determination that an
individual is an individual described in subparagraph (A),
(B), (C), or (D) of subsection (a)(4) during a period
described in such subparagraphs), and no individual shall be
certified to receive a payment under this section for a
calendar year if such individual has at any time been denied
certification for such a payment for such calendar year by
reason of subparagraph (A)(ii) or (C)(ii) of subsection
(a)(4) (unless such individual is subsequently determined not
to have been an individual described in either such
subparagraph at the time of such denial)'' before the period
at the end of the last sentence,
(8) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) Payments subject to offset and reclamation.--
Notwithstanding paragraph (3), any payment made under this
section--
``(A) shall, in the case of a payment by direct deposit
which is made after the date of the enactment of the
Emergency Senior Citizens Relief Act of 2010, be subject to
the reclamation provisions under subpart B of part 210 of
title 31, Code of Federal Regulations (relating to
reclamation of benefit payments); and
``(B) shall not, for purposes of section 3716 of title 31,
United States Code, be considered a benefit payment or cash
benefit made under the applicable program described in
subparagraph (B) or (C) of subsection (a)(1), and all amounts
paid shall be subject to offset under such section 3716 to
collect delinquent debts.'',
(9) in subsection (e)--
(A) by striking ``2011'' and inserting ``2013'',
(B) by inserting ``section 2(b) of the Emergency Senior
Citizens Relief Act of 2010,'' after ``section 2202,'' in
paragraph (1), and
(C) by adding at the following new paragraph:
``(5)(A) For the Secretary of the Treasury, an additional
$5,200,000 for purposes described in paragraph (1).
``(B) For the Commissioner of Social Security, an
additional $5,000,000 for the purposes described in paragraph
(2)(B).
``(C) For the Railroad Retirement Board, an additional
$600,000 for the purposes described in paragraph (3)(B).
``(D) For the Secretary of Veterans Affairs, an additional
$625,000 for the Information Systems Technology account''.
(b) Extension of Special Credit for Certain Government
Retirees.--
(1) In general.--In the case of an eligible individual (as
defined in section 2202(b) of

[[Page 20134]]

the American Recovery and Reinvestment Tax Act of 2009,
applied by substituting ``2011'' for ``2009''), with respect
to the first taxable year of such individual beginning in
2011, section 2202 of the American Recovery and Reinvestment
Tax Act of 2009 shall be applied by substituting ``2011'' for
``2009'' each place it appears.
(2) Conforming amendment.--Subsection (c) of section 36A of
the Internal Revenue Code of 1986 is amended by inserting ``,
and any credit allowed to the taxpayer under section 2(b)(1)
of the Emergency Senior Citizens Relief Act of 2010'' after
``the American Recovery and Reinvestment Tax Act of 2009''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in paragraph
(2), the amendments made by this section shall take effect on
the date of the enactment of this Act.
(2) Application of rule relating to deceased individuals.--
The amendment made by subsection (a)(5)(F) shall take effect
as if included in section 2201 of the American Recovery and
Reinvestment Tax Act of 2009.

TITLE IX--INFRASTRUCTURE, ENERGY, AND WATER PROVISIONS

Subtitle A--TIGER Discretionary Grants

SEC. 901. TIGER DISCRETIONARY GRANTS.

There are appropriated, out of any money in the Treasury
not otherwise appropriated, $5,000,000,000 for each of fiscal
years 2011 and 2012, for the discretionary grant program
established under the heading ``national infrastructure
investments'' under the heading ``Office of the Secretary''
under the heading ``DEPARTMENT OF TRANSPORTATION'' of title I
of division A of the Consolidated Appropriations Act, 2010
(Public Law 111-117; 123 Stat. 3036), commonly referred to as
the ``TIGER II Discretionary Grant Program'': Provided, That
the amount of a grant under this section may not exceed
$400,000,000: Provided further, That not less than 20
percent of the funds made available under this section for
each fiscal year may be awarded to projects located in rural
areas: Provided further, That not less than 1 percent of the
funds made available under this section for each fiscal year
may be used for the planning, preparation, or design of
projects eligible for funding under the TIGER II
Discretionary Grant Program: Provided further, That not more
than 15 percent of the funds made available under this
section for a fiscal year may be awarded to projects in a
single State: Provided further, That the Secretary may award
a grant of less than $10,000,000 to fund a significant
project in a smaller city, region, or State: Provided
further, That the Federal share of the cost of a significant
project in a smaller city, region, or State may exceed 80
percent: Provided further, That, of the amounts made
available under this section for a fiscal year, the Secretary
may use an amount not to exceed $750,000,000 for the purpose
of paying the subsidy and administrative costs of projects
eligible for Federal credit assistance under chapter 6 of
title 23, United States Code, if the Secretary finds that
such use of the funds would advance the purposes of this
section.

Subtitle B--National Infrastructure Bank

SEC. 911. FINDINGS.

Congress finds the following:
(1) According to the American Society of Civil Engineers,
the current condition of the infrastructure in the United
States earns a grade point average of D, and an estimated
$2,200,000,000,000 investment is needed over the next 5 years
to meet adequate conditions.
(2) According to the National Surface Transportation Policy
and Revenue Study Commission, $225,000,000,000 is needed
annually from all sources for the next 50 years to upgrade
our surface transportation system to a state of good repair
and create a more advanced system.
(3) According to the Federal Highway Administration up to
$131,700,000,000 must be invested annually for a 20-year
period to improve bridge efficiencies and the physical
condition and operational performance of the highway system
of the United States.
(4) According to the Federal Transit Administration, up to
$21,800,000,000 must be invested annually for a 20-year
period to improve conditions and performance of the major
transit systems of the United States.
(5) The Environmental Protection Agency projects that--
(A) $183,600,000,000 is needed for installation and
maintenance of drinking water transmission and distribution
systems through 2022; and
(B) $202,500,000,000 is needed for publicly owned
wastewater systems-related infrastructure needs through 2024.
(6) According to the Edison Electric Institute, to maintain
current levels of service given expected growth in demand,
electric utilities need to invest an annual average of--
(A) $28,000,000,000 for generation;
(B) $12,000,000,000 for transmission; and
(C) $34,000,000,000 for distribution of electricity.
(7) According to the American Council on Renewable Energy,
renewable energy could provide up to 635 gigawatts of new
electricity generating capacity by 2025--a substantial
contribution and potentially more than the Nation's need for
new capacity, according to the United States Energy
Information Administration.
(8) According to the United States Green Building Council,
United States buildings account for 38.9 percent of primary
energy use, 38 percent of carbon emissions, and 72 percent of
electricity consumption.
(9) There are over 1,200,000 units of public housing
nationwide, with an accumulated capital needs backlog of
approximately $18,000,000,000, with an additional
$2,000,000,000 accruing each year.
(10) According to the Organization for Economic Cooperation
and Development (OECD), the United States ranks 15th among
OECD nations in broadband access per 100 inhabitants.
(11) Although grant programs of the Government must
continue to play a central role in financing the
transportation, environment, energy, and telecommunications
infrastructure needs of the United States, current and
foreseeable demands on existing Federal, State, and local
funding for infrastructure expansion exceed the resources to
support these programs by margins wide enough to prompt
serious concerns about the United States' ability to sustain
long-term economic development, productivity, and
international competitiveness.
(12) The capital markets, including central banks, pension
funds, financial institutions, sovereign wealth funds and
insurance companies, have a growing interest in
infrastructure investment. The establishment of a United
States Government-owned institution that would provide this
investment opportunity through high quality bond issues that
would be used to finance qualifying infrastructure projects
would attract needed capital for United States infrastructure
development.

SEC. 912. DEFINITIONS.

For purposes of this subtitle, the following definitions
shall apply, unless the context requires otherwise:
(1) Bank.--The term ``Bank'' means the National
Infrastructure Development Bank established under section
913(a) of this subtitle.
(2) Board.--The term ``Board'' means the National
Infrastructure Development Bank Board.
(3) Chief asset and liability management officer.--The term
``chief asset and liability management officer'' means the
chief individual responsible for coordinating the management
of assets and liabilities of the Bank.
(4) Chief compliance officer.--The term ``chief compliance
officer or CCO'' means the chief individual responsible for
overseeing and managing the compliance and regulatory affairs
issues of the Bank.
(5) Chief financial officer.--The term ``chief financial
officer or CFO'' means the chief individual responsible for
managing the financial risks, planning, and reporting of the
Bank.
(6) Chief loan origination officer.--The term ``chief loan
origination officer'' means the chief individual responsible
for the processing of new loans provided by the Bank.
(7) Chief operations officer.--The term ``chief operations
officer or COO'' means the chief individual responsible for
information technology and the day to day operations of the
Bank.
(8) Chief risk officer.--The term ``chief risk officer or
CRO'' means the chief individual responsible for managing
operational and compliance-related risks of the Bank.
(9) Chief treasury officer.--The term ``chief treasury
officer'' means the chief individual responsible for managing
the Bank's treasury operations.
(10) Development.--The terms ``development'' and
``develop'' mean, with respect to an infrastructure project,
any--
(A) preconstruction planning, feasibility review,
permitting, design work, and other preconstruction
activities; and
(B) construction, reconstruction, rehabilitation,
replacement, or expansion.
(11) Disadvantaged community.--The term ``disadvantaged
community'' means a community with a median household income
of less than 80 percent of the statewide median household
income for the State in which the community is located.
(12) Energy infrastructure project.--The term ``energy
infrastructure project'' means any project for energy
transmission, energy efficiency enhancement for buildings,
public housing, and schools, renewable energy, and energy
storage.
(13) Entity.--The term ``entity'' means an individual,
corporation, partnership (including a public-private
partnership), joint venture, trust, and a State or other
governmental entity, including a political subdivision or any
other instrumentality of a State or a revolving fund.
(14) Environmental infrastructure project.--The term
``environmental infrastructure project'' means any project
for the establishment, maintenance, or enhancement of any
drinking water and wastewater treatment facility, storm water
management system, dam, levee, open space management system,
solid waste disposal facility, hazardous waste facility, or
industrial site cleanup.
(15) Executive director.--The term ``executive director''
means the individual serving as the chief executive officer
of the Bank.

[[Page 20135]]

(16) General counsel.--The term ``general counsel'' means
the individual who serves as the chief lawyer for the Bank.
(17) Infrastructure project.--The term ``infrastructure
project'' means any energy, environmental,
telecommunications, or transportation infrastructure project.
(18) Public benefit bond.--The term ``public benefit bond''
means a bond issued with respect to an infrastructure project
in accordance with this subtitle if--
(A) the net spendable proceeds from the sale of the issue
may be used for expenditures incurred after the date of
issuance with respect to the project, subject to the rules of
the Bank;
(B) the bond issued by the Bank is in registered form and
meets the requirements of this subtitle and otherwise
applicable law;
(C) the term of each bond which is part of the issue is
greater than 30 years; and
(D) the payment of principal with respect to the bond is
the obligation of the Bank.
(19) Public-private partnership.--The term ``public-private
partnership'' means any entity--
(A)(i) which is undertaking the development of all or part
of an infrastructure project, which will have a public
benefit, pursuant to requirements established in one or more
contracts between the entity and a State or an
instrumentality of a State; or
(ii) the activities of which, with respect to such an
infrastructure project, are subject to regulation by a State
or any instrumentality of a State; and
(B) which owns, leases, or operates, or will own, lease, or
operate, the project in whole or in part, and at least one of
the participants in the entity is a nongovernmental entity.
(20) Revolving fund.--The term ``revolving fund'' means a
fund or program established by a State or a political
subdivision or other instrumentality of a State, the
principal activity of which is to make loans, commitments, or
other financial accommodation available for the development
of one or more categories of infrastructure projects.
(21) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the designee of the Secretary.
(22) Smart grid.--The term ``smart grid'' means a system
that provides for any of the smart grid functions set forth
in section 1306(d) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17386(d)).
(23) Smart growth.--The term ``smart growth'' means growth
in the center of a city to avoid urban sprawl.
(24) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, Guam, American Samoa, the Virgin
Islands, the Commonwealth of Northern Mariana Islands, and
any other territory of the United States.
(25) Telecommunications infrastructure project.--The term
``telecommunications infrastructure project'' means any
project involving infrastructure required to provide
communications by wire or radio.
(26) Transportation infrastructure project.--The term
``transportation infrastructure project'' means any project
for the construction, maintenance, or enhancement of
highways, roads, bridges, transit and intermodal systems,
inland waterways, commercial ports, airports, high speed rail
and freight rail systems.

SEC. 913. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE
DEVELOPMENT BANK.

(a) Establishment of National Infrastructure Development
Bank.--The National Infrastructure Development Bank is
established as a wholly owned Government corporation subject
to chapter 91 of title 31, United States Code (commonly known
as the ``Government Corporation Control Act''), except as
otherwise provided in this subtitle.
(b) Responsibility of the Secretary.--The Secretary shall
take such action as may be necessary to assist in
implementing the establishment of the Bank in accordance with
this subtitle.
(c) Conforming Amendment.--Section 9101(3) of title 31,
United States Code, is amended by inserting after
subparagraph (N) the following:
``(O) the National Infrastructure Development Bank.''.

SEC. 914. BOARD OF DIRECTORS.

(a) In General.--The Bank shall have a Board of Directors
consisting of 5 members appointed by the President by and
with the advice and consent of the Senate.
(b) Qualifications.--The directors of the Board shall
include individuals representing different regions of the
United States and--
(1) 2 of the directors shall have public sector experience;
and
(2) 3 of the directors shall have private sector
experience.
(c) Chairperson and Vice Chairperson.--As designated at the
time of appointment, one of the directors of the Board shall
be designated chairperson of the Board by the President and
one shall be designated as vice chairperson of the Board by
the President.
(d) Terms.--
(1) In general.--Except as provided in paragraph (2) and
subsection (f), each director shall be appointed for a term
of 6 years.
(2) Initial staggered terms.--Of the initial members of the
Board--
(A) the chairperson and vice chairperson shall be appointed
for terms of 6 years;
(B) 1 shall be appointed for a term of 5 years;
(C) 1 shall be appointed for a term of 4 years; and
(D) 1 shall be appointed for a term of 3 years.
(e) Date of Initial Nominations.--The initial nominations
by the President for appointment of directors to the Board
shall be made not later than 60 days after the date of
enactment of this Act.
(f) Vacancies.--
(1) In general.--A vacancy on the Board shall be filled in
the manner in which the original appointment was made.
(2) Appointment to replace during term.--Any director
appointed to fill a vacancy occurring before the expiration
of the term for which the director's predecessor was
appointed shall be appointed only for the remainder of the
term.
(3) Duration.--A director may serve after the expiration of
that director's term until a successor has taken office.
(g) Quorum.--Three directors shall constitute a quorum.
(h) Reappointment.--A director of the Board appointed by
the President may be reappointed by the President in
accordance with this section.
(i) Per Diem Reimbursement.--Directors of the Board shall
serve on a part-time basis and shall receive a per diem when
engaged in the actual performance of Bank business, plus
reasonable reimbursement for travel, subsistence, and other
necessary expenses incurred in the performance of their
duties.
(j) Limitations.--A director of the Board may not
participate in any review or decision affecting a project
under consideration for assistance under this subtitle if the
director has or is affiliated with a person who has an
interest in such project.
(k) Powers and Limitations of the Board.--
(1) Powers.--In order to carry out the purposes of the Bank
as set forth in this subtitle, the Board shall be responsible
for monitoring and overseeing infrastructure projects and
have the following powers:
(A) To make senior and subordinated loans and purchase
senior and subordinated debt securities and enter into a
binding commitment to make any such loan or purchase any such
security, on such terms as the Board may determine, in the
Board's discretion, to be appropriate, the proceeds of which
are to be used to finance or refinance the development of one
or more infrastructure projects.
(B) To issue and sell debt securities of the Bank on such
terms as the Board shall determine from time to time.
(C) To issue public benefit bonds and to provide direct
subsidies to infrastructure projects from amounts made
available from the issuance of such bonds.
(D) To make loan guarantees.
(E) To make agreements and contracts with any entity in
furtherance of the business of the Bank.
(F) To borrow on the global capital market and lend to
regional, State, and local entities, and commercial banks for
the purpose of funding infrastructure projects.
(G) To purchase, pool, and sell infrastructure-related
loans and securities on the global capital market.
(H) To purchase in the open market any of the Bank's
outstanding obligations at any time and at any price.
(I) To monitor and oversee infrastructure projects
financed, in whole or in part, by the Bank.
(J) To acquire, lease, pledge, exchange, and dispose of
real and personal property and otherwise exercise all the
usual incidents of ownership of property to the extent the
exercise of such powers are appropriate to and consistent
with the purposes of the Bank.
(K) To sue and be sued in the Bank's corporate capacity in
any court of competent jurisdiction, except that no
attachment, injunction, or similar process, may be issued
against the property of the Bank or against the Bank with
respect to such property.
(L) To indemnify the directors and officers of the Bank for
liabilities arising out of the actions of the directors and
officers in such capacity, in accordance with, and subject to
the limitations contained in, this subtitle.
(M) To serve as the primary liaison between the Bank,
Congress, the executive branch, and State and local
governments and to represent the Bank's interests.
(N) To exercise all other lawful powers which are necessary
or appropriate to carry out, and are consistent with, the
purposes of the Bank.
(2) Limitations.--
(A) Issuance of debt security.--The Board may not issue any
debt security without the prior consent of the Secretary.
(B) Issuance of voting security.--The Board may not issue
any voting security in the Bank to any entity other than the
Secretary.
(3) Actions consistent with self-supporting entity
status.--The Board shall conduct its business in a manner
consistent with the requirements of this section.
(4) Coordination with state and local regulatory
authority.--The provision of financial assistance by the
Board pursuant to this subtitle shall not be construed as--
(A) limiting the right of any State or political
subdivision or other instrumentality of

[[Page 20136]]

a State to approve or regulate rates of return on private
equity invested in a project; or
(B) otherwise superseding any State law or regulation
applicable to a project.
(5) Federal personnel requests.--The Board shall have the
power to request the detail, on a reimbursable basis, of
personnel from other Federal agencies with specific expertise
not available from within the Bank or elsewhere. The head of
any Federal agency may detail, on a reimbursable basis, any
personnel of such agency requested by the Board and shall not
withhold unreasonably the detail of any personnel requested
by the Board.
(l) Meetings.--
(1) Open to the public; notice.--All meetings of the Board
held to conduct the business of the Bank shall be open to the
public and shall be preceded by reasonable notice.
(2) Initial meeting.--The Board shall meet not later than
90 days after the date on which all directors of the Board
are first appointed and otherwise at the call of the
Chairperson.
(3) Exception for closed meetings.--Pursuant to such rules
as the Board may establish through their bylaws, the
directors may close a meeting of the Board if, at the
meeting, there is likely to be disclosed information which
could adversely affect or lead to speculation relating to an
infrastructure project under consideration for assistance
under this subtitle or in financial or securities or
commodities markets or institutions, utilities, or real
estate. The determination to close any meeting of the Board
shall be made in a meeting of the Board, open to the public,
and preceded by reasonable notice. The Board shall prepare
minutes of any meeting which is closed to the public and make
such minutes available as soon as the considerations
necessitating closing such meeting no longer apply.

SEC. 915. EXECUTIVE COMMITTEE.

(a) In General.--The Board shall have an executive
committee consisting of 9 members, headed by the executive
director of the Bank.
(b) Executive Director.--A majority of the Board shall have
the authority to appoint and reappoint the executive
director.
(c) CEO.--The executive director shall be the chief
executive officer of the Bank, with such executive functions,
powers, and duties as may be prescribed by this subtitle, the
bylaws of the Bank, or the Board.
(d) Other Executive Officers.--The Board shall appoint,
remove, fix the compensation, and define duties of 8 other
executive officers to serve on the Executive Committee as
the--
(1) chief compliance officer;
(2) chief financial officer;
(3) chief asset and liability management officer;
(4) chief loan origination officer;
(5) chief operations officer;
(6) chief risk officer;
(7) chief treasury officer; and
(8) general counsel.
(e) Qualifications.--The executive director and other
executive officers shall have demonstrated experience and
expertise in one or more of the following:
(1) Transportation infrastructure.
(2) Environmental infrastructure.
(3) Energy infrastructure.
(4) Telecommunications infrastructure.
(5) Economic development.
(6) Workforce development.
(7) Public health.
(8) Private or public finance.
(f) Duties.--In order to carry out the purposes of the Bank
as set forth in this subtitle, the executive committee
shall--
(1) establish disclosure and application procedures for
entities nominating projects for assistance under this
subtitle;
(2) accept, for consideration, project proposals relating
to the development of infrastructure projects, which meet the
basic criteria established by the Board, and which are
submitted by an entity;
(3) provide recommendations to the Board and place project
proposals accepted by the executive committee on a list for
consideration for financial assistance from the Board;
(4) provide technical assistance to entities receiving
financing from the Bank and otherwise implement decisions of
the Board.
(g) Vacancy.--A vacancy in the position of executive
director shall be filled in the manner in which the original
appointment was made.
(h) Compensation.--The compensation of the executive
director and other executive officers of the executive
committee shall be determined by the Board.
(i) Removal.--The executive director and other executive
officers may be removed at the discretion of a majority of
the Board.
(j) Term.--The executive director and other executive
officers shall serve a 6-year term and may be reappointed in
accordance with this section.
(k) Limitations.--The executive director and other
executive officers shall not--
(1) hold any other public office;
(2) have any interest in an infrastructure project
considered by the Board;
(3) have any interest in an investment institution,
commercial bank, or other entity seeking financial assistance
for any infrastructure project from the Bank; and
(4) have any such interest during the 2-year period
beginning on the date such officer ceases to serve in such
capacity.

SEC. 916. RISK MANAGEMENT COMMITTEE.

(a) Establishment of Risk Management Committee.--The Bank
shall establish a risk management committee consisting of 5
members, headed by the chief risk officer.
(b) Appointments.--A majority of the Board shall have the
authority to appoint and reappoint the CRO of the Bank.
(c) Functions; Duties.--
(1) In general.--The CRO shall have such functions, powers,
and duties as may be prescribed by one or more of the
following: this subtitle, the bylaws of the Bank, and the
Board. The CRO shall report directly to the Board.
(2) Risk management duties.--In order to carry out the
purposes of this subtitle, the risk management committee
shall--
(A) create financial, credit, and operational risk
management guidelines and policies to be adhered to by the
Bank;
(B) set guidelines to ensure diversification of lending
activities by both region and infrastructure project type;
(C) create conforming standards for infrastructure finance
securities;
(D) monitor financial, credit and operational exposure of
the Bank; and
(E) provide financial recommendations to the Board.
(d) Other Risk Management Officers.--The Board shall
appoint, remove, fix the compensation, and define the duties
of 4 other risk management officers to serve on the risk
management committee.
(e) Qualifications.--The CRO and other risk management
officers shall have demonstrated experience and expertise in
one or more of the following:
(1) Treasury and asset and liability management.
(2) Investment regulations.
(3) Insurance.
(4) Credit risk management and credit evaluations.
(5) Related disciplines.
(f) Vacancy.--A vacancy in the position of CRO or any other
risk management officer shall be filled in the manner in
which the original appointment was made.
(g) Compensation.--The compensation of the CRO and other
risk management officers shall be determined by the Board.
(h) Removal.--The CRO and any other risk management
officers may be removed at the discretion of a majority of
the Board.
(i) Term.--The CRO and other risk management officers shall
serve a 6-year term and may be reappointed in accordance with
this section.
(j) Limitations.--The CRO and other risk management
officers shall not--
(1) hold any other public office;
(2) have any interest in an infrastructure project
considered by the Board;
(3) have any interest in an investment institution,
commercial bank, or other entity seeking financial assistance
for any infrastructure project from the Bank; and
(4) have any such interest during the 2-year period
beginning on the date such officer ceases to serve in such
capacity.

SEC. 917. AUDIT COMMITTEE.

(a) In General.--The Bank shall have an audit committee
consisting of 5 members, headed by the chief compliance
officer of the Bank.
(b) Appointments.--A majority of the Board shall have the
authority to appoint and reappoint the CCO of the Bank.
(c) Functions; Duties.--The CCO shall have such functions,
powers, and duties as may be prescribed by one or more of the
following: this subtitle, the bylaws of the Bank, and the
Board. The CCO shall report directly to the Board.
(d) Audit Duties.--In order to carry out the purposes of
the Bank under this subtitle, the audit committee shall--
(1) provide internal controls and internal auditing
activities for the Bank;
(2) maintain responsibility for the accounting activities
of the Bank;
(3) issue financial reports of the Bank; and
(4) complete reports with outside auditors and public
accountants appointed by the Board.
(e) Other Audit Officers.--The Board shall appoint, remove,
fix the compensation, and define the duties of 4 other audit
officers to serve on the audit committee.
(f) Qualifications.--The CCO and other audit officers shall
have demonstrated experience and expertise in one or more of
the following:
(1) Internal auditing.
(2) Internal investigations.
(3) Accounting practices.
(4) Financing practices.
(g) Vacancy.--A vacancy in the position of CCO or any other
audit officer shall be filled in the manner in which the
original appointment was made.
(h) Compensation.--The compensation of the CCO and other
audit officers shall be determined by the Board.
(i) Removal.--The CCO and other audit officers may be
removed at the discretion of a majority of the Board.
(j) Term.--The CCO and other audit officers shall serve a
6-year term and may be reappointed in accordance with this
section.
(k) Limitations.--The CCO and other audit officers shall
not--

[[Page 20137]]

(1) hold any other public office;
(2) have any interest in an infrastructure project
considered by the Board;
(3) have any interest in an investment institution,
commercial bank, or other entity seeking financial assistance
for any infrastructure project from the Bank; and
(4) have any such interest during the 2-year period
beginning on the date such officer ceases to serve in such
capacity.

SEC. 918. PERSONNEL.

The chairperson of the Board, executive director, chief
risk officer, and chief compliance officer shall appoint,
remove, fix the compensation of, and define the duties of
such qualified personnel to serve under the Board, executive
committee, risk management committee, or audit committee, as
the case may be, as necessary and prescribed by one or more
of the following: this subtitle, the bylaws of the Bank, and
the Board.

SEC. 919. ELIGIBILITY CRITERIA FOR ASSISTANCE FROM BANK.

(a) In General.--No financial assistance shall be available
under this subtitle from the Bank unless the applicant for
such assistance has demonstrated to the satisfaction of the
Board that the project for which such assistance is being
sought meets--
(1) the requirements of this subtitle; and
(2) any criteria established in accordance with this
subtitle by the Board.
(b) Establishment of Project Criteria.--
(1) In general.--Consistent with the requirements of
subsections (c) and (d), the Board shall establish--
(A) criteria for determining eligibility for financial
assistance under this subtitle;
(B) disclosure and application procedures to be followed by
entities to nominate projects for assistance under this
subtitle; and
(C) such other criteria as the Board may consider to be
appropriate for purposes of carrying out this subtitle.
(2) Factors to be taken into account.--
(A) In general.--The Bank shall conduct an analysis that
takes into account the economic, environmental, social
benefits, and costs of each project under consideration for
financial assistance under this subtitle, prioritizing
projects that contribute to economic growth, lead to job
creation, and are of regional or national significance.
(B) Criteria.--The criteria established pursuant to
paragraph (1)(A) shall provide for the consideration of the
following factors in considering eligibility for financial
assistance under this subtitle:
(i) The means by which development of the infrastructure
project under consideration is being financed, including--

(I) the terms and conditions and financial structure of the
proposed financing; and
(II) the financial assumptions and projections on which the
project is based.

(ii) The likelihood that the provision of assistance by the
Bank will cause such development to proceed more promptly and
with lower costs for financing than would be the case without
such assistance.
(iii) The extent to which the provision of assistance by
the Bank maximizes the level of private investment in the
infrastructure project while providing a public benefit.
(c) Factors for Specific Types of Projects.--
(1) Transportation infrastructure projects.--For any
transportation infrastructure project, the Board shall
consider the following:
(A) Job creation, including workforce development for women
and minorities, responsible employment practices, and quality
job training opportunities.
(B) Reduction in carbon emissions.
(C) Reduction in surface and air traffic congestion.
(D) Smart growth in urban areas.
(E) Poverty and inequality reduction through targeted
training and employment opportunities for low-income workers.
(F) Use of smart tolling, such as vehicle miles traveled
and congestion pricing, for highway, road, and bridge
projects.
(G) Public health benefits.
(2) Environmental infrastructure project.--For any
environmental infrastructure project, the Board shall
consider the following:
(A) Public health benefits.
(B) Pollution reductions.
(C) Job creation, including workforce development for women
and minorities, responsible employment practices, and quality
job training opportunities.
(D) Poverty and inequality reduction through targeted
training and employment opportunities for low-income workers.
(3) Energy infrastructure project.--For any energy
infrastructure project, the Board shall consider the
following:
(A) Job creation, including workforce development for women
and minorities, responsible employment practices, and quality
job training opportunities.
(B) Poverty and inequality reduction through targeted
training and employment opportunities for low-income workers.
(C) Reduction in carbon emissions.
(D) Smart growth in urban areas.
(E) Expanded use of renewable energy, including
hydroelectric, solar, and wind.
(F) Development of a smart grid.
(G) Energy efficient building, housing, and school
modernization.
(H) In any case in which the project is also a public
housing project--
(i) improvement of the physical shape and layout;
(ii) environmental improvement; and
(iii) mobility improvements for residents.
(I) Public health benefits.
(4) Telecommunications.--For any telecommunications
project, the Board shall consider the following:
(A) The extent to which assistance expands or improves
broadband and wireless services in rural and disadvantaged
communities.
(B) Poverty and inequality reduction through targeted
training and employment opportunities for low-income workers.
(C) Job creation, including work force development for
women and minorities, responsible employment practices, and
quality job training opportunities.
(d) Consideration of Project Proposals.--
(1) Participation by other agency personnel.--Consideration
of projects by the executive committee and the Board shall be
conducted with personnel on detail to the Bank from relevant
Federal agencies from among individuals who are familiar with
and experienced in the selection criteria for competitive
projects.
(2) Fees.--A fee may be charged for the review of any
project proposal in such amount as maybe considered
appropriate by the executive committee to cover the cost of
such review.
(e) Discretion of Board.--Consistent with other provisions
of this subtitle, any determination of the Board to provide
assistance to any project, and the manner in which such
assistance is provided, including the terms, conditions,
fees, and charges shall be at the sole discretion of the
Board.
(f) State and Local Permits Required.--The provision of
assistance by the Board in accordance with this subtitle
shall not be deemed to relieve any recipient of assistance or
the related project of any obligation to obtain required
State and local permits and approvals.
(g) Annual Report.--An entity receiving assistance from the
Board shall make annual reports to the Board on the use of
any such assistance, compliance with the criteria set forth
in this section, and a disclosure of all entities with a
development, ownership, or operational interest in a project
assisted or proposed to be assisted under this subtitle.

SEC. 920. EXEMPTION FROM LOCAL TAXATION.

All notes, debentures, bonds or other such obligations
issued by the Bank, and the interest on or credits with
respect to such bonds or other obligations, shall not be
subject to taxation by any State, county, municipality, or
local taxing authority.

SEC. 921. STATUS AND APPLICABILITY OF CERTAIN FEDERAL LAWS;
FULL FAITH AND CREDIT.

(a) Budgeting and Auditors Practices.--The Bank shall
comply with all Federal laws regulating the budgetary and
auditing practices of a government corporation, except as
otherwise provided in this subtitle.
(b) Full Faith and Credit.--Any bond or other obligation
issued by the Bank under this subtitle shall be an obligation
supported by the full faith and credit of the United States.
(c) Effect of and Exemptions From Other Laws.--
(1) Exempt securities.--All debt securities and other
obligations issued by the Bank pursuant to this subtitle
shall be deemed to be exempt securities within the meaning of
laws administered by the Securities and Exchange Commission
to the same extent as securities which are direct obligations
of, or obligations fully guaranteed as to principal or
interest by, the United States.
(2) Open market operations and state tax exempt status.--
The obligations of the Bank shall be deemed to be obligations
of the United States for the purposes of the provision
designated as (b)(2) of the 2nd undesignated paragraph of
section 14 of the Federal Reserve Act (12 U.S.C. 355) and
section 3124 of title 31, United States Code.
(3) No priority as a federal claim.--The priority
established in favor of the United States by section 3713 of
title 31, United States Code, shall not apply with respect to
any indebtedness of the Bank.
(d) Federal Reserve Banks as Depositories, Custodians, and
Fiscal Agents.--The Federal reserve banks may act as
depositories for, or custodians or fiscal agents of, the
Bank.
(e) Access to Book-entry System.--The Secretary may
authorize the Bank to use the book-entry system of the
Federal reserve system.

SEC. 922. COMPLIANCE WITH DAVIS-BACON ACT.

All laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in
whole or in part by and through the Bank pursuant to this
subtitle shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of title 40, United
States Code. With respect to the labor standards specified in
this section, the Secretary of Labor shall have the authority
and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title
40, United States Code.

[[Page 20138]]

SEC. 923. APPLICABILITY OF CERTAIN STATE LAWS.

The receipt by any entity of any assistance under this
subtitle, directly or indirectly, and any financial
assistance provided by any governmental entity in connection
with such assistance under this subtitle shall be valid and
lawful notwithstanding any State or local restrictions
regarding extensions of credit or other benefits to private
persons or entities, or other similar restrictions.

SEC. 924. AUDITS; REPORTS TO PRESIDENT AND CONGRESS.

(a) Accounting.--The books of account of the Bank shall be
maintained in accordance with generally accepted accounting
principles and shall be subject to an annual audit by
independent public accountants appointed by the Board and of
nationally recognized standing.
(b) Reports.--
(1) Board.--The Board shall submit to the President and
Congress, within 90 days after the last day of each fiscal
year, a complete and detailed report with respect to the
preceding fiscal year, setting forth--
(A) a summary of the Bank's operations, for such preceding
fiscal year;
(B) a schedule of the Bank's obligations and capital
securities outstanding at the end of such preceding fiscal
year, with a statement of the amounts issued and redeemed or
paid during such preceding fiscal year; and
(C) the status of projects receiving funding or other
assistance pursuant to this subtitle, including disclosure of
all entities with a development, ownership, or operational
interest in such projects.
(2) GAO.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report evaluating
activities of the Bank for the fiscal years covered by the
report that includes an assessment of the impact and benefits
of each funded project, including a review of how effectively
each project accomplished the goals prioritized by the Bank's
project criteria.
(c) Books and Records.--
(1) In general.--The Bank shall maintain adequate books and
records to support the financial transactions of the Bank
with a description of financial transactions and
infrastructure projects receiving funding, and the amount of
funding for each project maintained on a publically
accessible database.
(2) Audits by the secretary and gao.--The books and records
of the Bank shall be maintained in accordance with
recommended accounting practices and shall be open to
inspection by the Secretary and the Comptroller General of
the United States.

SEC. 925. CAPITALIZATION OF BANK.

(a) Authorization of Appropriation.--Subject to subsection
(b), there is authorized to be appropriated to the Secretary
for purchase of the shares of the Bank $15,000,000,000 for
each of fiscal years 2011 and 2012, with the aggregate
representing 10 percent of the total subscribed capital of
the Bank.
(b) Reservation for Rural Areas.--For each fiscal year, not
less than 20 percent of any amounts appropriated to carry out
this subtitle shall be used to finance projects in rural
areas.
(c) Callable Capital.--Of the total subscribed capital of
the Bank, 90 percent shall be callable capital subject to
call from the Secretary only as and when required by the Bank
to meet its obligations on borrowing of funds for inclusion
in its ordinary capital resources or guarantees chargeable to
such resources.
(d) Outstanding Loans.--At any time, the aggregate amount
outstanding of bonds issued by the Bank shall not exceed 250
percent of its total subscribed capital.

SEC. 926. SUNSET.

The Bank shall cease to exist 15 years after the date of
enactment of this Act.

Subtitle C--Energy and Water Programs

SEC. 931. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
PROGRAM.

In addition to the amounts made available under section
548(a)(1) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17158(a)(1)), there is authorized to be
appropriated to carry out the Energy Efficiency and
Conservation Block Grant Program established under 542(a) of
that Act (42 U.S.C. 17152(a)) $3,000,000,000 for each of
fiscal years 2011 and 2012, to remain available until
expended.

SEC. 932. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.

(a) Authorization of Appropriations.--Subject to
subsections (b) through (j), there is authorized to be
appropriated to carry out title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.) $2,500,000,000
for each of fiscal years 2011 and 2012, to remain available
until expended.
(b) Management and Oversight.--Of the amounts made
available under subsection (a), the Administrator of the
Environmental Protection Agency (referred to in this subtitle
as the ``Administrator'') may reserve not more than 1 percent
for management and oversight purposes.
(c) Non-Federal Share.--A capitalization grant provided
using the funds made available under subsection (a) shall not
be subject to the non-Federal share requirements of section
202 of the Federal Water Pollution Control Act (33 U.S.C.
1282) or paragraph (2) or (3) of section 602(b) of that Act
(33 U.S.C. 1382(b)).
(d) Reallocation.--The Administrator shall reallocate the
funds made available under subsection (a) for eligible
projects that are not under contract or construction during
the 1-year period beginning on the date of enactment of this
Act.
(e) Priority.--Notwithstanding the priority rankings a
project would otherwise receive under the program under title
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.), priority for the funds made available under
subsection (a) shall be given to projects that--
(1) are included on a State priority list; and
(2) are ready to proceed to construction during the 1-year
period beginning on the date of enactment of this Act.
(f) Forms of Assistance.--Notwithstanding section 603(d) of
the Federal Water Pollution Control Act (33 U.S.C. 1383(d)),
of the amount of a capitalization grant provided using the
funds made available under subsection (a), a State shall use
not less than 50 percent to provide additional subsidization
to eligible recipients in the form of--
(1) forgiveness of principal;
(2) negative interest loans;
(3) grants; or
(4) any combination of those forms.
(g) Green Energy.--To the extent that sufficient eligible
project applications exist, not less than 20 percent of the
funds made available under subsection (a) shall be used for
projects to address--
(1) green infrastructure;
(2) water or energy efficiency improvements; or
(3) other environmentally innovative activities.
(h) Indian Tribes.--
(1) In general.--Notwithstanding the limitation specified
in subsection (c) of section 518 of the Federal Water
Pollution Control Act (33 U.S.C. 1377), the Administrator may
reserve not more than 1.5 percent of the funds made available
under subsection (a) for grants to Indian tribes under that
section.
(2) Indian health service.--Of the amount reserved under
paragraph (1), the Administrator may transfer to the Indian
Health Service not more than 4 percent to support management
and oversight of tribal projects.
(i) Prohibition.--No funds made available under subsection
(a) shall be available for the purchase of any land or
easement pursuant to section 603(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1383(c)).
(j) Debt Obligations.--Notwithstanding section 603(d)(2) of
the Federal Water Pollution Control Act (33 U.S.C.
1383(d)(2)), the funds made available under subsection (a)
may be used to purchase, refinance, or restructure the debt
obligation of an eligible recipient only in a case in which
the debt obligation was incurred on or after October 1, 2008.

SEC. 933. STATE DRINKING WATER REVOLVING LOAN FUNDS.

(a) Authorization of Appropriations.--Subject to
subsections (b) through (j), there is authorized to be
appropriated to carry out section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12) $2,500,000,000 for each of
fiscal years 2011 and 2012, to remain available until
expended.
(b) Management and Oversight.--Of the amounts made
available under subsection (a), the Administrator of the
Environmental Protection Agency (referred to in this subtitle
as the ``Administrator'') may reserve not more than 1 percent
for management and oversight purposes.
(c) Non-Federal Share.--A capitalization grant provided
using the funds made available under subsection (a) shall not
be subject to the non-Federal share requirements of section
1452(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(e)).
(d) Reallocation.--The Administrator shall reallocate the
funds made available under subsection (a) for eligible
projects that are not under contract or construction during
the 1-year period beginning on the date of enactment of this
Act.
(e) Priority.--Notwithstanding the priority rankings a
project would otherwise receive under the program under
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12), priority for the funds made available under subsection
(a) shall be given to projects that--
(1) are included on a State priority list; and
(2) are ready to proceed to construction during the 1-year
period beginning on the date of enactment of this Act.
(f) Forms of Assistance.--Notwithstanding section 1452(f)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)), of the
amount of a capitalization grant provided using the funds
made available under subsection (a), a State shall use not
less than 50 percent to provide additional subsidization to
eligible recipients in the form of--
(1) forgiveness of principal;
(2) negative interest loans;
(3) grants; or
(4) any combination of those forms.
(g) Green Energy.--To the extent that sufficient eligible
project applications exist, not less than 20 percent of the
funds made available under subsection (a) shall be used for
projects to address--

[[Page 20139]]

(1) green infrastructure;
(2) water or energy efficiency improvements; or
(3) other environmentally innovative activities.
(h) Indian Health Service.--Of the amounts made available
under subsection (a) that are reserved under for allocation
to Indian tribes and Alaska Native villages under section
1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(i)), the Administrator may transfer to the Indian Health
Service not more than 4 percent to support management and
oversight of tribal projects.
(i) Prohibition.--No funds made available under subsection
(a) shall be available for any activity authorized under
section 1452(k) of the Safe Drinking Water Act (42 U.S.C.
300j-12(k)).
(j) Debt Obligations.--Notwithstanding section 1452(f)(2)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)(2)), the
funds made available under subsection (a) may be used to
purchase, refinance, or restructure the debt obligation of an
eligible recipient only in a case in which the debt
obligation was incurred on or after October 1, 2008.

SEC. 934. STATE ENERGY CONSERVATION PLANS.

There is authorized to be appropriated to the Secretary of
Energy to provide grants for State renewable energy and
efficiency projects under part D of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6321 et seq.)
$2,000,000,000 for each of fiscal years 2011 and 2012, to
remain available until expended.

SEC. 935. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE
ENERGY AND ELECTRIC POWER TRANSMISSION
PROJECTS.

There is authorized to be appropriated to the Secretary of
Energy to make loan guarantees under section 1705 of the
Energy Policy Act of 2005 (42 U.S.C. 16516) for renewable
energy, biofuel, and electric grid projects $1,000,000,000
for each of fiscal years 2011 and 2012.

SEC. 936. EXTENSION OF QUALIFYING ADVANCED ENERGY PROJECT
CREDIT.

(a) In General.--Section 48C of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``shall not exceed $2,300,000,000.'' in
subsection (d)(1)(B) and inserting ``shall not exceed--
``(i) $2,300,000,000 in the case of taxable years beginning
during the 2-year period beginning on the date the Secretary
establishes the program under this paragraph,
``(ii) $1,000,000,000 in the case of taxable years
beginning during the 1-year period immediately following such
2-year period, and
``(iii) $1,000,000,000 in the case of taxable years
beginning during the 1-year period immediately following the
1-year period described in clause (ii).'', and
(2) by striking ``2-year period'' in subsection (d)(2)(A)
and inserting ``4-year period''.
(b) Effective Date.--The amendments made by this section
shall apply as if included in the amendments made by section
1302 of the American Recovery and Reinvestment Tax Act of
2009.

SEC. 937. LAND AND WATER CONSERVATION FUND.

(a) Purposes.--The purposes of the amendments made by
subsection (b) are--
(1) to provide consistent and reliable authority for, and
for the funding of, the land and water conservation fund
established under section 2 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-5); and
(2) to maximize the effectiveness of the fund for future
generations.
(b) Amendments.--
(1) Permanent authorization.--Section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is
amended--
(A) in the matter preceding subsection (a), by striking
``During the period ending September 30, 2015, there'' and
inserting ``There''; and
(B) in subsection (c)(1), by striking ``through September
30, 2015''.
(2) Full funding.--Section 3 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended
to read as follows:

``SEC. 3. AVAILABILITY OF FUNDS.

``Monies covered into the fund under section 2 shall be
available for expenditure to carry out the purposes of this
Act, without further appropriation.''.

SEC. 938. FLOOD CONTROL PROJECTS.

(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Army, acting
through the Chief of Engineers, for the purposes described in
subsection (b), $1,000,000,000 for each of fiscal years 2011
and 2012.
(b) Use of Amounts.--
(1) In general.--Subject to paragraph (2), amounts
appropriated under subsection (a) shall be used to carry out
Corps of Engineer projects relating to navigable channels,
including projects that--
(A) reduce flood and storm damage;
(B) restore aquatic ecosystems; or
(C) relate to municipal water or wastewater.
(2) Allocation of amounts.--For each project funded under
this section--
(A) 50 percent of the amount allocated to carry out the
project shall be used for construction; and
(B) 50 percent of the amount allocated to carry out the
project shall be used for operations and maintenance.

Subtitle D--Housing Programs

SEC. 941. NATIONAL HOUSING TRUST FUND.

There is appropriated, out of any money in the Treasury not
otherwise appropriated, for the Housing Trust Fund
established pursuant to section 1338 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4568), $1,500,000,000 to the Secretary of Housing and
Urban Development to provide grants to States to build,
preserve, and rehabilitate rental homes that are affordable
for very low-income families: Provided, That notwithstanding
the limitations set forth in subsection (c) of such section
1338, each State shall be entitled to receive a minimum
allocation of amounts made available under this heading equal
to the greater of $3,000,000 or 0.5 percent of the total
amount of funds made available in that fiscal year.

SEC. 942. GREEN RETROFIT PROGRAM.

There is appropriated, out of any money in the Treasury not
otherwise appropriated, for energy retrofit and green
investments under the grant program established under the
subheading ``Assisted Housing Stability And Energy And Green
Retrofit Investments'' under the heading ``Housing Programs''
under title XII of division A of the American Recovery and
Reinvestment Act of 2009, $500,000,000: Provided, That in
addition to the assisted housing deemed eligible to receive
grants under such heading, that such grant amounts may be
made available to housing that is receiving or has received
assistance pursuant to the HOME Investment Partnerships
program under title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.), 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.), or the low-income housing tax credit allocated
pursuant to section 42 of the Internal Revenue Code of 1986:
Provided further, That grant amounts made available under
this heading shall be awarded on a competitive basis
nationwide: Provided further, That grant amounts made
available under this heading shall be available for housing
of not less than 20 units: Provided further, That in
allocating grants under this heading, the Secretary of
Housing and Urban Development shall (1) ensure that such
grants are made in a manner that balances the needs of rural
and urban communities, and (2) ensure an equitable geographic
distribution of funds.

TITLE X--BUDGETARY PROVISIONS

SEC. 1001. DETERMINATION OF BUDGETARY EFFECTS.

SEC. 1002. EMERGENCY DESIGNATIONS.

____________________

NOTICE OF INTENT TO SUSPEND THE RULES

Mr. McCAIN. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII for the purpose of proposing and
considering amendment No. 4758 to H.R. 4853.
Mr. SANDERS. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII for the purposes of proposing
and considering amendment No. 4793 to the House Message to accompany
H.R. 4853.
Mr. DeMint. Mr. President, I submit the following notice in writing.
In accordance with rule V of the Standing Rules of the Senate, I hereby
give notice in writing that it is my intention

[[Page 20140]]

to move to suspend rule XXII for the purpose of proposing and
considering amendment No. 4804 to H.R. 4853.
Mr. SANDERS. Mr. President, in accordance with rule V of the Standing
Rules of the Senate, I hereby give notice in writing that it is my
intention to move to suspend rule XXII for the purposes of proposing
and considering amendment No. 4809 to the House Message to accompany
H.R. 4853.

____________________

AUTHORITY FOR COMMITTEES TO MEET

committee on armed services

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee
on Armed Services be authorized to meet during the session of the
Senate on December 14, 2010, at 2:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.

committee on banking, housing, and urban affairs

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee
on Banking, Housing, and Urban Affairs be authorized to meet during the
session of the Senate on December 14, 2010, at 2:05 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.

committee on foreign relations

Mr. CONRAD. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on December 14, 2010, at 2:15 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PRIVILEGES OF THE FLOOR

Mr. HARKIN. Mr. President, first I ask unanimous consent that Kia
Hamadanchy and Awatif Chafie of my staff be granted the privilege of
the floor.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS

Mr. INOUYE. Mr. President, I ask unanimous consent to have printed in
the Record the following statement in explanation of the Inouye
amendment to the House amendment to the bill H.R. 3082, the Continuing
Appropriations Act.
There being no objection, the material was ordered to be printed in
the Record as follows:

____________________

EXPLANATORY STATEMENT SUBMITTED BY SENATOR DANIEL K. INOUYE REGARDING
THE PROPOSED AMENDMENT TO THE AMENDMENT OF THE HOUSE OF REPRESENTATIVES
TO THE SENATE AMENDMENT TO H.R. 3082

Following is an explanation of the amendment proposed by
Senator Daniel K. Inouye to the amendment of the House to the
amendment of the Senate to H.R. 3082, the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2010, including disclosure of
congressionally directed spending items as defined in rule
XLIV of the Standing Rules of the Senate. Section 4 of the
amendment specifies that this explanatory statement shall
have the same effect with respect to the allocation of funds
and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
Sections one through six provide the title, table of
contents, references, clarification on the explanatory
statement, emergency designation and statement of
appropriations. Sections 7 through 12 provide direction
across all divisions banning pay raises for Federal civilian
employees, rescinding funding for administrative costs, and
establshing other authorities and restrictions on government
activities. Divisions A through L provide detailed
explanation and guidance on governing the Appropriations
contained in this Act as described in detail below.
Division M contains the text of the Food Safety Bill (S.
510) that previously passed the Senate, was added to the
House amendment to the Senate amendment, and is included in
this amendment. The bill was added in order to meet certain
procedural requirements.

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATION ACT, 2011

Following is an explanation of the effects of Division A,
which makes appropriations for the Department of Agriculture
and Food and Drug Administration for fiscal year 2011. As
provided in Section 4 of the consolidated bill, this
explanatory statement shall have the same effect with respect
to the allocation of funds and the implementation of this
division as if it were a joint explanatory statement of a
committee of conference.

TITLE I

AGRICULTURAL PROGRAMS

Production, Processing, and Marketing

Office of the Secretary

The bill provides $5,338,000 for the Office of the
Secretary.
In carrying out the provisions of this Act, the Department
shall follow the directives provided in Senate Report 111-221
unless otherwise modified by this Act or Explanatory
Statement. Reports requested in Senate Report 111-221 or this
Explanatory Statement are due 90 days after the enactment of
this Act unless a specific due date is provided. The
Department is directed, through the Office of Budget and
Program Analysis, to provide all reports and studies to the
Committees on Appropriations of the House of Representatives
and the Senate (hereafter referred to as ``the Committees'')
in both an electronic and hard copy format.
The Secretary is directed to provide quarterly reports to
the Committees on the status of obligations and funds
availability for the loan and grant programs provided in this
bill. The Secretary is further directed that if an estimate
of loan activity for any program funded in Titles I and III
of this Act indicates that a limitation on authority to make
commitments for a fiscal year will be reached before the end
of that fiscal year, or in any event whenever 75 per cent of
the authority to make commitments has been utilized, the
Secretary shall promptly so notify the Committees.

Office of Tribal Relations

The bill provides $1,010,000 for the Office of Tribal
Relations.

Healthy Food Financing Initiative

The bill provides $35,000,000 for the Healthy Food
Financing Initiative.

Executive Operations

OFFICE OF THE CHIEF ECONOMIST

The bill provides $13,100,000 for the Office of the Chief
Economist.

NATIONAL APPEALS DIVISION

The bill provides $15,417,000 for the National Appeals
Division.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

The bill provides $9,547,000 for the Office of Budget and
Program Analysis.

Office of Homeland Security

The bill provides $1,876,000 for the Office of Homeland
Security (OHS).
The Committees are concerned that OHS is charging other
offices for positions for which funding has not been provided
previously and is not included in the budget request. The
Department is directed to stop charging other offices for
these positions and to request the funding through the normal
budget process.

Office of Advocacy and Outreach

The bill provides $6,209,000 for the Office of Advocacy and
Outreach.

Office of the Chief Information Officer

The bill provides $61,719,000 for the Office of the Chief
Information Officer.

Office of the Chief Financial Officer

The bill provides $6,632,000 for the Office of the Chief
Financial Officer.
Assessments that USDA charges its agencies for government-
wide and department-wide activities continue to escalate. The
Chief Financial Officer is directed to scrutinize the need
for each activity for which an assessment is proposed; to
consider its benefit to the mission of each agency; and to
limit spending wherever possible.

Office of the Assistant Secretary for Civil Rights

The bill provides $907,000 for the Office of the Assistant
Secretary for Civil Rights.

Office of Civil Rights

The bill provides $24,133,000 for the Office of Civil
Rights.

Office of the Assistant Secretary for Administration

The bill provides $814,000 for the Office of the Assistant
Secretary for Administration.

Agriculture Buildings and Facilities and Rental Payments

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $261,608,000 for Agriculture Buildings
and Facilities and Rental payments. The bill includes an
increase of $1,417,000 for repair and maintenance needs and/
or for South Building modernization.

Hazardous Materials Management

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $5,139,000 for Hazardous Materials
Management.

[[Page 20141]]

Departmental Administration

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $29,706,000 for Departmental
Administration.

Office of the Assistant Secretary for Congressional Relations

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $4,008,000 for the Office of the
Assistant Secretary for Congressional Relations.
The Department is directed to notify the Committees, within
30 days of enactment of this Act, of the allocation of these
funds by USDA agency, along with an explanation of the
agency-by-agency distribution of the funds as well as the
staff years funded by these transfers.

Office of Communications

The bill provides $9,839,000 for the Office of
Communications.

Office of Inspector General

The bill provides $94,300,000 for the Office of Inspector
General.

Office of the General Counsel

The bill provides $44,104,000 for the Office of the General
Counsel.

Office of the Under Secretary for Research, Education and Economics

The bill provides $904,000 for the Office of the Under
Secretary for Research, Education and Economics.
USDA is directed to engage with farmers, land grant
universities, State departments of agriculture, and the
private sector to identify issues and to develop solutions
related to weed resistance that are practicable, cost-
effective, and minimize environmental impacts. The Chief
Scientist, in consultation with the Chief of the Natural
Resources Conservation Service, shall provide the Committees
with a report, which should include details on USDA's
research on weed resistance to date, a future research
agenda, and outreach efforts undertaken in carrying out this
directive.

Economic Research Service

The bill provides $83,671,000 for the Economic Research
Service (ERS). This includes increases of $1,500,000 to
improve user access to statistical data provided by ERS;
$1,000,000 for economic research on the access to affordable
and nutritious food by low-income communities; $990,000 for
data integrity measures; and assumes all savings proposed in
the budget request.

National Agricultural Statistics Service

The bill provides $161,371,000 for the National
Agricultural Statistics Service. This includes increases of
$2,500,000 to enhance the annual county estimates program;
$250,000 to begin a comprehensive data series on organic
production, handling and distribution; $200,000 to enhance
remote sensing activities; and assumes all savings proposed
in the budget request.

Agricultural Research Service

SALARIES AND EXPENSES

The bill provides $1,199,986,000 for the Agricultural
Research Service (ARS), Salaries and Expenses. This includes
the following increases, as requested in the budget:
$2,150,000 for increased food safety research; $290,000 for
research aimed at reducing world hunger; $2,750,000
for increased research on human nutrition; $1,800,000 for
Regional Biofuels Feedstocks Research and Demonstration
Centers; $500,000 for research on colony collapse disorder;
$250,000 for research regarding locally grown foods; $250,000
for crop breeding to enhance food production and security;
$1,600,000 for enhancing plant breeding for insect and
disease resistance; and $1,625,000 for research on global
climate change.
The ARS budget proposal regarding laboratory closures is
not accepted, and ARS is expected to continue research at
those locations.
Additionally, the following funding increases are included:
$2,750,000 to mitigate the constraints placed upon the
National Program Initiative of Bioenergy/Biomass and
Production Systems for Sustainable Agriculture, especially
the availability and cost of energy, water, feed, fertilizer,
and technology to control invasive pest species; $250,000 to
study new production practices and systems that can maximize
yield of high quality feedstock; $250,000 to develop
management practices that improve the production efficiency
of cattle grazing operations in temperate pastures; $500,000
for research regarding what nutrients and dietary factors are
needed to optimize infant and child development, and what
infants should be fed to reduce childhood diseases and
diseases they will experience later as adults; $1,500,000 for
expanded research on the emerging serotype of Bluetongue
virus, zoonotic Rift Valley Fever virus, African Swine Fever,
and Classical Swine Fever to develop countermeasures and
control insect vectors; $750,000 for cranberry research;
$250,000 to research and improve the properties of pulse
crops as food ingredients; $500,000 to provide solutions and
management practices for controlling invasive species and
restoring ecosystem structure and function; and $2,500,000 to
accelerate efforts to develop land use systems and new
conservation tools to support the long-term future of rural
and urban working farms and landscapes.
Of the funding provided to restore human nutrition
research, $350,000 is for Boston, MA; $300,000 is for
Houston, TX; and $1,000,000 is for Kannapolis, NC.
The ARS is encouraged to expand the work it is doing in
collaboration with the Great Lakes Water Institute and the
Milwaukee Water Council regarding the production of yellow
perch, whose populations have decreased significantly in
recent years.
In response to the recent discovery of citrus black spot,
ARS is encouraged to provide scientific assistance to the
Animal and Plant Health Inspection Service as needed.
The following is a list of Congressionally-designated
projects:

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INTEGRATED ACTIVITIES

The bill provides $60,173,000 for Integrated Activities.
The following table reflects the bill:

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Office of the Under Secretary for Marketing and Regulatory Programs

The bill provides $904,000 for the Office of the Under
Secretary for Marketing and Regulatory Programs.

Animal and Plant Health Inspection Service

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $903,794,000 for the Animal and Plant
Health Inspection Service (APHIS), Salaries and Expenses.
The bill provides $3,850,000 for animal disease
traceability. It includes a minimum of $360,000 for blackbird
management and an increase of $1,500,000 for the Center for
Veterinary Biologics.
There was a recent discovery of citrus black spot. APHIS is
encouraged to continue to determine the extent of the
infestation and implement the necessary measures to prevent
the spread of the disease and to collaborate with, and
utilize the scientific expertise of universities and ARS, as
necessary, to develop methods to control and eradicate the
disease.
APHIS is encouraged to support research and assist states
and localities in controlling the spread of emerald ash
borer.
There are difficulties in effectively addressing the cattle
fever tick problem on the southern border of the United
States. APHIS is urged to work with the livestock industry,
including local businesses, nonprofits, and universities, to
incorporate and implement new methods and strategies
developed independently and cooperatively as part of the
Cattle Fever Tick Eradication Program.
APHIS is encouraged to use an appropriate portion of the
funding provided for sudden oak death (Phytophthora ramorum)
to determine the actual level of infection in nurseries in
all regions of the country through rigorous and expanded
survey and to promote the development and testing of new
systems of nursery pest and disease management.
Infectious disease outbreaks within the equine community
thereaten the biological and commercial health of the U.S.
horse industry and have occurred with increased frequency
over the last several years. APHIS is encouraged to develop a
comprehensive plan to respond to equine infectious diseases,
including their prevention, diagnosis, and containment.
APHIS shall provide the Committees with a report on the
current availability and use of electronic animal health
certificates. The report should solicit input from State
Veterinarians, animal health practitioners, and livestock
producers. In particular, the report should focus on user
experiences with the currently available systems and
compatibility issues among systems.
The following table reflects the bill:

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BUILDINGS AND FACILITIES

The bill provides $4,536,000 for the Animal and Plant
Health Inspection Service, Buildings and Facilities.

Agricultural Marketing Service

MARKETING SERVICES

The bill provides $96,645,000 for marketing services of the
Agricultural Marketing Service. The bill provides the
following increases: $150,000 for the Market News Program to
expand coverage of organic production and distribution
markets; $891,000 for the Pesticide Data Program; $250,000
for the Microbiological Data Program to enter into a sampling
agreement with the State of Arizona; $3,111,000 for the
National Organic Program for regulatory review and
enforcement; and $460,000 for Wholesale, Farmers, and
Alternative Markets.

LIMITATION ON ADMINISTRATIVE EXPENSES

The bill includes a limitation of $60,947,000 for the
Agricultural Marketing Service, Limitation on Administrative
Expenses.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $20,283,000 for the Agricultural
Marketing Service, Funds for Strengthening Markets, Income,
and Supply.
The Secretary is directed to provide notification to the
Committees in advance of any public announcement or release
of section 32 funds under the authority described in clause 3
of 7 U.S.C. 612c.

PAYMENTS TO STATES AND POSSESSIONS

The bill provides $2,484,000 for the Agricultural Marketing
Service, Payments to States and Possessions.

Grain Inspection, Packers and Stockyards Administration

SALARIES AND EXPENSES

The bill provides $43,742,000 for the Grain Inspection,
Packers and Stockyards Administration, Salaries and Expenses.
The agency is expected to strongly consider the submitted
comments regarding the practical and economic impact that
aspects of the proposed rule on the marketing of meat
products may have on the smooth operation of commerce within
the livestock industry. For example, consideration should be
given to the impact the packer-to-packer prohibition may have
on the marketplace or how the proposed rule may impact
producers' abilities to enter into marketing agreements that
provide premiums for their products.

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

The bill includes a limitation of $50,000,000 for the Grain
Inspection, Packers and Stockyards Administration, Limitation
on Inspection and Weighing Services Expenses.

Office of the Under Secretary for Food Safety

The bill provides $821,000 for the Office of the Under
Secretary for Food Safety.

Food Safety and Inspection Service

The bill provides $1,047,200,000 for the Food Safety and
Inspection Service.
FSIS is directed to use its appropriated funds for
activities directly in support of the public health to the
maximum available extent before using them for bonus awards
for senior officials and report on bonuses awarded to senior
officials for fiscal year 2010.

Food Safety and Inspection Service Funding by Activity

Food Safety and Inspection:
Federal..................................................$919,248,000
State......................................................65,118,000
International..............................................19,461,000
CODEX.........................................................3,903,000
Public Health Data Communication Infrastructure System.......39,470,000
________________

Total..................................................$1,047,200,000

Office of the Under Secretary for Farm and Foreign Agricultural
Services

The bill provides $904,000 for the Office of the Under
Secretary for Farm and Foreign Agricultural Services.
The Secretary is encouraged further to develop adequate
standardization of quality control mechanisms for commodities
used for food aid and to use funds from the CCC to supplement
inspections of such commodities in order to avoid breaks in
food pipelines and to maintain an orderly conveyance of food
to affected populations.

Farm Service Agency

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $1,325,650,000 for the Farm Service
Agency, Salaries and Expenses, which includes $18,000,000 for
the Common Computing Environment and $38,300,000 for MIDAS.
Of this, the bill provides $24,000,000, the same as last
year's level, for the National Agricultural Imagery Program
(NAIP). This amount is in addition to any provided by
cooperating funds from any other federal, state, or local
government for NAIP.

STATE MEDIATION GRANTS

The bill provides $4,185,000 for State Mediation Grants.

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

The bill provides $5,500,000 for the Grassroots Source
Water Protection Program.

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

The bill provides an appropriation of such sums as may be
necessary for the Dairy Indemnity Program.

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $471,815,000 for the Agricultural Credit
Insurance Fund Program Account.
The following table reflects the amounts provided in the
bill:
Farm Ownership Loans:
Direct.................................................($475,000,000)
Subsidy....................................................32,870,000
Guaranteed............................................(1,500,000,000)
Subsidy.....................................................5,700,000
Farm Operating Loans:
Direct.................................................($900,000,000)
Subsidy....................................................54,540,000
Unsubsidized Guaranteed...............................(1,500,000,000)
Subsidy....................................................34,950,000
Subsidized Guaranteed...................................(144,035,000)
Subsidy....................................................19,920,000
Indian Tribe Land Acquisition Conservation: (10,000,000)
Direct...................................................(75,000,000)
Subsidy.....................................................2,243,000
Guaranteed...............................................(75,000,000)
Subsidy.......................................................285,000
Indian Highly Fractionated Land (10,000,000)
Subsidy.......................................................214,000
Boll Weevil Eradication (100,000,000)
ACIF Expenses:
Salaries and Expenses....................................$313,173,000
Administrative Expenses.....................................7,920,000

Risk Management Agency

The bill provides $83,064,000 for the Risk Management
Agency.

Corporations

Federal Crop Insurance Corporation Fund

The bill provides an appropriation of such sums as may be
necessary for the Federal Crop Insurance Corporation Fund.

Commodity Credit Corporation Fund

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS)

The bill provides an appropriation of such sums as may be
necessary for Reimbursement for Net Realized Losses of the
Commodity Credit Corporation.

Hazardous Waste Management

(LIMITATION ON EXPENSES)

The bill provides a limitation of $5,000,000 for Hazardous
Waste Management.

TITLE II

CONSERVATION PROGRAMS

Office of the Under Secretary for Natural Resources and Environment

The bill provides $904,000 for the Office of the Under
Secretary for Natural Resources and Environment.

Natural Resources Conservation Service

CONSERVATION OPERATIONS

The bill provides $922,433,000 for Conservation Operations,
which includes $5,000,000 for streamlining and integrating
business model tools; $7,500,000 for strategic watershed
action teams; $15,500,000 for modernization and upgrades of
the Common Computing Environment; $250,000 for the soil
climate analysis network; and an additional $500,000 above
the budget request for snow surveys.
The following is a list of Congressionally-designated
projects:

[[Page 20166]]

[[Page 20167]]

[[Page 20168]]

[[Page 20169]]

WATERSHED AND FLOOD PREVENTION OPERATIONS

The bill provides $18,485,000 for Watershed and Flood
Prevention Operations.

[[Page 20170]]

watershed rehabilitation program

The bill provides $20,497,000 for the Watershed
Rehabilitation Program.
Funding under this program is to be provided for
rehabilitation of structures determined to be of high
priority need in order to protect property and ensure public
safety.

resource conservation and development

The bill provides $50,730,000 for Resource Conservation and
Development.

TITLE III

RURAL DEVELOPMENT PROGRAMS

Office of the Under Secretary for Rural Development

The bill provides $904,000 for the Office of the Under
Secretary for Rural Development. The Secretary is directed to
provide a report, by September 30, 2011, to the Committees
detailing performance results of the Regional Innovation
Initiative.
The Secretary is encouraged to consider the statutory
requirements authorized in the 2008 Farm Bill when issuing
the final rule for the Rural Energy for America Program. The
2008 Farm Bill did not restrict the application of this
program to agricultural producers in rural areas. The
Secretary is directed to provide a report within 30 days of
enactment, to the Committees on the status of issuing the
final rule and to provide them quarterly thereafter.

rural development salaries and expenses

(including transfers of funds)

The bill provides $226,551,000 for Rural Development
Salaries and Expenses, which includes $6,000,000 for the
Common Computing Environment.
The bill provides the same level of funding as fiscal year
2010 to maintain ``portfolio compliance, safety and
soundness.'' The Secretary is directed to ensure that proper
lender monitoring and underwriting standards are sustained.

Rural Housing Service

rural housing insurance fund program account

The bill provides $617,047,000 for the Rural Housing
Insurance Fund Program Account.
The following table reflects the amounts provided in the
bill:
Loan authorizations:
Single family direct (sec. 502)......................($1,840,256,000)
Single family unsubsidized guaranteed................(24,000,000,000)
Rental housing (sec. 515)................................(69,512,000)
Multi-family housing guaranteed (sec. 538)..............(129,133,000)
Housing repair (sec. 504)................................(34,004,000)
Credit sales of acquired property........................(11,449,000)
Site loans (sec. 524).....................................(5,052,000)
Self-help housing land development........................(4,966,000)
________________

Total, loan authorizations........................($26,094,372,000)
================

Loan subsidies:
Single family direct (sec. 502)..........................$115,200,000
Rental housing (sec. 515)..................................23,446,000
Multi-family housing guaranteed (sec. 538).................12,513,000
Housing repair (sec. 504)...................................6,437,000
Credit sales of acquired property.............................556,000
Site loans (sec. 524).........................................294,000
Self-help housing land development............................288,000
________________

Total, loan subsidies..................................$158,734,000
================

RHIF administrative expenses (paid to RD)..................$458,313,000
================

rental assistance program

The bill provides $965,635,000 for the Rental Assistance
Program.

multi-family housing revitalization program account

The bill provides $40,791,000 for the Multi-Family Housing
Revitalization Program Account.

mutual and self-help housing grants

The bill provides $41,864,000 for Mutual and Self-Help
Housing Grants.

rural housing assistance grants

The bill provides $40,400,000 for Rural Housing Assistance
Grants.

farm labor program account

The bill provides $20,346,000 for the Farm Labor Program
Account.

rural community facilities program account

(including transfers of funds)

The bill provides $52,678,000 for the Rural Community
Facilities Program Account.
The following table reflects the agreement:
Community Facilities:
Direct loans...........................................($295,038,000)
Direct subsidy..............................................3,924,000
Guaranteed loans........................................(206,405,000)
Guaranteed subsidy..........................................8,153,000
Grants.....................................................20,373,000
Rural community development initiative........................6,256,000
Economic impact initiative grants............................10,000,000
Tribal college grants.........................................3,972,000
________________

Total, loan subsidies and grants........................$52,678,000
================

Rural Business-Cooperative Service

rural business program account

(including transfers of funds)

The bill provides $86,689,000 for the Rural Business
Program Account.
The following table reflects the agreement:
Business and Industry:
Guaranteed loans.......................................($993,000,000)
Guaranteed subsidy.........................................42,500,000
Rural business enterprise grants.............................38,727,000
Rural business opportunity grants.............................2,483,000
Delta regional authority......................................2,979,000
________________

Total, loan subsidy and grants..........................$86,689,000
================

rural development loan fund program account

The bill provides $18,024,000 for the Rural Development
Loan Fund Program Account.

rural economic development loans program account

(including rescission of funds)

The bill provides an estimated loan program level of
$33,077,000 for the Rural Economic Development Loan Program
Account.

rural cooperative development grants

The bill provides $35,554,000 for Rural Cooperative
Development Grants.
The bill provides $8,924,000 for cooperative development
grants; $2,800,000 for a cooperative agreement for the
Appropriate Technology Transfer for Rural Areas program;
$3,463,000 for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially
disadvantaged groups; and $20,367,000 for the value-added
agricultural product market development grant program.

rural energy for america program

The bill does not include additional funding for the Rural
Energy for America Program. The 2008 Farm Bill provided
$70,000,000 in mandatory funding for this program in fiscal
year 2011, which is an increase of $10,000,000 above fiscal
year 2010. In addition, this account has carryover from prior
years to support a higher program level in fiscal year 2011.

Rural Utilities Service

rural water and waste disposal program account

(including transfers of funds)

The bill provides $582,851,000 for the Rural Water and
Waste Disposal Program Account.
The following table reflects the agreement:
Water and Waste:
Direct loans.........................................($1,022,156,000)
Direct subsidy.............................................87,701,000
Loans authorized by P.L. 83-566..........................(40,000,000)
Loans authorized by P.L. 83-566 subsidy.....................3,432,000
Guaranteed loans.........................................(75,000,000)
Grants....................................................469,228,000
Solid waste management grants.................................3,500,000
Water well system grants........................................497,000
Water and waste water revolving funds...........................993,000
High energy cost grants......................................17,500,000
________________

Total, loan subsidy and grants.........................$582,851,000
================

Rural Electrification and Telecommunications Loans Program Account

The bill provides $39,409,000 for the Rural Electrification
and Telecommunications Loans Program Account.
The bill includes a general provision to improve the
capacity for electrical generation in rural areas and the
Secretary shall ensure that emissions control standards will
be employed suitable for the level of power such facilities
will generate.
The following table reflects the amounts provided in the
bill:
Loan authorizations:
Electric:
Direct, 5 percent....................................($100,000,000)
Direct, FFB.........................................(6,500,000,000)
Guaranteed Underwriting...............................(500,000,000)
________________

Subtotal............................................(7,100,000,000)
================

Telecommunications:
Direct, 5 percent....................................($145,000,000)
Direct, Treasury rate.................................(250,000,000)

[[Page 20171]]

Direct, FFB...........................................(295,000,000)
________________

Subtotal............................................(690,000,000)
================

Total, loan authorizations.....................($7,790,000,000)
================

Guaranteed Underwriting subsidy................................$700,000
================

Administrative expenses (paid to RD)........................$38,709,000
================

distance learning, telemedicine, and broadband program

The bill provides $78,051,000 for the Distance Learning,
Telemedicine, and Broadband Program Account.
The following table reflects the amounts provided in the
bill:
Broadband:
Direct loans...........................................($400,000,000)
Direct subsidy.............................................22,320,000
Grants.....................................................17,976,000
Distance learning and telemedicine grants....................37,755,000
________________

Total, loan subsidy and grants..........................$78,051,000
================

TITLE IV

DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

The bill provides $821,000 for the Office of the Under
Secretary for Food, Nutrition and Consumer Services.
The Secretary is encouraged to continue collaboration
between the Agricultural Marketing Service (AMS) and the Food
and Nutrition Service (FNS) to connect local farmers to local
school districts. The Secretary is also encouraged to have
AMS and FNS expand collaboration with the Department of
Defense FRESH program to increase the quantity of fresh
produce purchased locally or regionally. The Secretary is
directed to submit a report to the Committees within 180 days
of enactment of this Act describing the economic and other
barriers to farmer participation in sales of local food to
schools.

Food and Nutrition Service

CHILD NUTRITION PROGRAMS

The bill provides $17,319,981,000 for Child Nutrition
Programs. Included in this amount is $7,500,000 for Hunger-
Free Community grants; $3,517,000 for food safety education;
$11,553,000 for computer support and processing, including
information technology modernization and support; $2,000,000
for farm-to-school tactical teams; and $1,750,000 for program
payment systems and reimbursement monitoring.
The bill also provides $21,711,000 for studies and other
activities. Included in this amount is $10,000,000 for the
school lunch and breakfast cost study III which will
incorporate additional information on nutritional quality.
Additionally, this study should review the linkages between
wages and benefits of food service workers with student
satisfaction with school meals and the nutritional quality of
meals.
The Secretary is urged to assist program providers in
reducing and eventually eliminating trans fats in child
nutrition programs. The Secretary is directed to submit a
report to the Committees within 180 days of enactment
describing the Department's efforts to provide assistance.
The following table reflects the agreement:
Child Nutrition Programs:
School lunch program...................................$9,831,095,000
School breakfast program................................3,093,970,000
Child and adult care food program.......................2,686,344,000
Summer food service program...............................392,680,000
Special milk program.......................................12,512,000
State administrative expenses.............................208,651,000
Commodity procurement...................................1,019,914,000
Computer support and processing............................11,553,000
Program payment systems and reimbursement monitoring........1,750,000
Team nutrition.............................................15,046,000
Food safety education.......................................3,517,000
Coordinated review..........................................5,833,000
CACFP training and technical assistance.....................3,567,000
Studies and other activities...............................21,711,000
Hunger free community grants................................7,500,000
Farm to school tactical team................................2,000,000
CN payment accuracy.........................................2,338,000
Child nutrition reauthorization.....................................0
________________

Total, Child Nutrition Programs.....................$17,319,981,000
================

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)

The bill provides $6,852,522,000 for the Special
Supplemental Nutrition Program for Women, Infants and
Children (WIC). The bill fully funds estimated WIC
participation in fiscal year 2011. The bill includes
$80,000,000 for breastfeeding support initiatives,
$35,000,000 for State management information systems,
$14,000,000 for infrastructure improvements, and $15,000,000
for evaluating program performance. In addition, the bill
maintains funding for fruit and vegetable vouchers for women
and implements fruit and vegetable vouchers for children up
to the Institute of Medicine recommendation.
The authority for the WIC program requires the Secretary to
make available supplemental foods that reflect current
nutrition science, public health concerns, and cultural
eating patterns. The Department has made improvements to the
WIC program to improve access to fruits, vegetables and whole
grains to program participants as recommended by the National
Academies' Institute of Medicine study. The Department should
continue to recognize that calcium remains a priority
nutrient of concern and that adequate calcium consumption can
be attained through a diet with a variety of dairy products.

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

The bill provides $70,907,818,000 for the Supplemental
Nutrition Assistance Program. Included in this amount is
$5,000,000,000 for a contingency reserve; $3,500,000 for
improving program access and application timeliness;
$1,750,000 for financial management systems modernization;
and $1,000,000 for information technology modernization and
support.
The following table reflects the agreement:
Supplemental Nutrition Assistance Program:
Benefits..............................................$59,652,032,000
State Administrative Cost...............................3,618,000,000
Employment & Training.....................................387,946,000
Other Program Costs.......................................131,623,000
Food Distribution Program on Indian Reservations (FDPIR)...96,958,000
Associated Activities......................................10,000,000
Commonwealth of the Northern Mariana Islands...............12,148,000
Contingency Reserve.....................................5,000,000,000
Nutrition Assistance for Puerto Rico....................1,744,605,000
Nutrition Assistance for American Samoa.....................7,006,000
Emergency Food Assistance Program (TEFAP).................247,500,000
________________

Total...............................................$70,907,818,000
================

COMMODITY ASSISTANCE PROGRAM

The bill provides $262,619,000 for the Commodity Assistance
Program.
Of that amount, the bill provides $181,788,000 for the
Commodity Supplemental Food Program, which includes
$5,000,000 to begin service in six additional States that
have plans approved by the Department; $53,000,000 for
administrative funding for The Emergency Food Assistance
Program (TEFAP); $6,000,000 for TEFAP infrastructure grants;
and $20,000,000 for the Farmers' Market Nutrition Program.

NUTRITION PROGRAMS ADMINISTRATION

The bill provides $162,587,000 for Nutrition Programs
Administration. Included in this amount is $5,170,000 for
improved program administration and $5,000,000 to develop and
promote dietary guidelines.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

Foreign Agricultural Service

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $219,280,000 for the Foreign Agricultural
Service, Salaries and Expenses, which includes increases of
$3,430,000 for international cooperative administrative
support services; $4,004,000 for overseas IT support;
$5,000,000 for the development and growth of sustainable food
systems in developing countries; and $4,500,000 for technical
assistance for specialty crops. The bill also provides a
total of $14,600,000 for reconstruction and stabilization
activities, $4,500,000 for the Cochran Fellowship Program,
$2,500,000 for the Borlaug Fellowship Program, and $4,500,000
for the National Export Initiative.

FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $2,846,000 for administrative expenses
for the Food for Peace Title I Direct Credit and Food for
Progress Program Account, to be paid to the appropriation for
Farm Service Agency, Salaries and Expenses.

FOOD FOR PEACE TITLE II GRANTS

The bill provides $1,690,000,000 for Food For Peace Title
II Grants.
The Committees direct the Secretary, through the Office of
Budget and Program Analysis, in consultation with the
Administrator of the U.S. Agency for International
Development, to submit quarterly reports to the Committees on
the status of the Bill Emerson Humanitarian Trust, as well as
immediately to notify the Committees when the trust has been
drawn down.

[[Page 20172]]

Commodity Credit Corporation Export Loans Program Account

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $6,884,000 for the Commodity Credit
Corporation Export Loans Program Account.

McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS

The bill provides $219,500,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program.

TITLE VI

FOOD AND DRUG ADMINISTRATION AND FARM CREDIT ADMINISTRATON

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

SALARIES AND EXPENSES

The bill provides a direct appropriation of $2,541,282,000
for Food and Drug Administration, Salaries and Expenses. The
bill also provides $667,057,000 for prescription drug user
fees; $61,860,000 for medical device user fees; $19,448,000
for animal drug user fees; $5,397,000 for animal generic drug
user fees; $450,000,000 for tobacco product user fees; and
authorized collections for mammography fees, export and color
certification fees, and priority review fees, as requested.
It is expected that FDA will continue all projects,
activities, and programs as included in the fiscal year 2011
budget request unless otherwise specified.
The following table reflects funding provided for direct
appropriations:

Food and Drug Administration, Salaries and Expenses

(thousands of dollars)

Program Budget Authority
Foods
Center for Food Safety and Applied Nutrition..................267,986
Field Activities..............................................601,401
Human Drugs
Center for Drug Evaluation and Research.......................371,632
Field Activities..............................................132,037
Biologics
Center for Biologics Evaluation and Research..................173,875
Field Activities...............................................41,151
Animal Drugs & Feeds
Center for Veterinary Medicine.................................91,467
Field Activities...............................................54,135
Device & Radiological Products
Center for Devices and Radiological Health....................243,255
Field Activities...............................................82,471
National Center for Toxicological Research.......................60,975
Other Activities................................................161,659
White Oak Consolidation..........................................38,536
Other Rent & Rent Related........................................66,703
GSA Rent........................................................153,999
________________

Total Salaries & Expenses.................................2,541,282
================

In carrying out the provisions of this Act, FDA shall
follow the directives provided in Senate Report 111-221
unless otherwise modified by this Act or Explanatory
Statement. Reports requested in Senate Report 111-221 or this
Explanatory Statement are due 90 days after the enactment of
this Act unless a specific due date is provided. FDA is
directed to provide all reports and studies to the Committees
on Appropriations of the House of Representatives and the
Senate (hereafter referred to as ``the Committees'') in both
an electronic and hard copy format.
The bill provides the following increases in budget
authority for FDA salaries and expenses activities, as
requested in the budget: $10,896,000 for cost of living
adjustments; $83,000,000 for food safety investments;
$43,323,000 for investments relating to safer drugs,
biologics, and medical devices; and $25,000,000 for
regulatory science.
The bill provides the following increases above the
request: $14,083,000 for food safety activities; $2,000,000
for orphan product development grants; $1,000,000 for the
Office of the Associate Director for Rare Diseases;
$7,500,000 for generic drug review activities; $3,000,000 for
the review of direct-to-consumer advertising in the Division
of Drug Marketing and Communication (DDMAC); $2,000,000 for
the review of communications to medical professionals in
DDMAC; $4,000,000 for the Office of Surveillance and
Epidemiology for post-market activities; $1,850,000 for the
review of adverse drug experience reports in the Center for
Veterinary Medicine; and $2,000,000 for the National
Antimicrobial Resistance Monitoring System.
Funds provided in addition to the budget request for food
safety will allow FDA to access additional information on
foreign food exports and take other actions to ensure that
foods imported into the United States are safe. Increased
funding is provided for food safety inspections to increase
the number of inspectors and enhance the ability of
inspectors to review imports at the border. It will also
allow FDA to perform additional work to ensure that animal
feed and feed ingredients imported into the United States
meet FDA safety standards.
In Senate Report 109-266, concerns were raised about FDA's
inability to provide Congressional reports in a timely
manner. After implementing changes that temporarily remedied
this situation, recent Congressional directives have either
been responded to late, or not responded to at all. This is
unacceptable. In the fiscal year 2010 bill, FDA was asked to
report on eight issues. The due date for all of these reports
has long since passed, and more than one year after the
enactment of the fiscal year 2010 bill, FDA has provided only
four of the requested reports. FDA is again reminded that
reports to Congress play an important role in the decision
making process. Not more than 15 days after the enactment of
this Act, FDA is directed to report on the status of all
reports requested in Appropriations Acts for fiscal years
2009, 2010, and 2011. The report shall include the following
information: report topic; the House, Senate, or conference
report from which the report is requested; the due date for
the report; the date the report was submitted to the
Congress; and for those reports that have not been submitted
to Congress, the expected submission date and an update on
where the report is in the drafting and clearance process.
Following the initial report, FDA is directed to provide
updated reports on the first of each month.
The Secretary of Health and Human Services (HHS) should
continue to work with the Secretary of Commerce in support of
the current Memorandum of Understanding between the National
Oceanic and Atmospheric Administration (NOAA) and FDA to
strengthen cooperation on seafood safety, labeling and fraud.
Agreements should focus on coordination of testing seafood
imports, inspection of imported seafood at both domestic and
international facilities, data standardization and
collection, joint training and outreach for testing
facilities, and information sharing. An increase is
encouraged in the use of NOAA laboratory testing and the
commissioning of NOAA officers by the Secretary of HHS, as
needed, in order to increase capacity for seafood inspection
and testing. Sharing of information with the Federal Trade
Commission is also encouraged as appropriate on consumer
protection issues with respect to fraud in seafood marketing
and labeling.
While there is strong leadership in place at FDA, concerns
have been raised about the existing structure at the agency,
especially as it pertains to the safety of prescription
drugs, and the perceived imbalance that exists within FDA
between the Office of New Drugs and the Office of
Surveillance and Epidemiology. There is significant concern
that this structure is biased because those who initially
approve drugs also have a large role in determining how they
are regulated for safety in post-marketing. This could create
a conflict of interest.
Therefore, FDA is directed to issue a report by March 31,
2011 that would outline the process necessary to create an
independent office within FDA focused on post-market
evaluation that would work collaboratively with the office
that reviews and approves drugs for marketing. FDA is also
strongly urged to study legislative proposals that have been
introduced to create a new Center for Postmarket Drug
Evaluation and Research at FDA as part of the report.
FDA is directed to issue a sunscreen final rule that
addresses both ultraviolet B (UVB) and ultraviolet A (UVA)
radiation protection no later than 60 days after enactment.
FDA is urged to more proactively engage public health and
consumer nonprofit organizations that are not funded by
regulated industries, to encourage their greater input and
written evaluations on PDUFA, MDUFMA, Sentinel Projects,
Critical Path, the public availability of post-market
research findings, and other key issues regarding medical
products.

BUILDINGS AND FACILITIES

The bill provides $10,000,000 for FDA Buildings and
Facilities.

INDEPENDENT AGENCY

Farm Credit Administration

LIMITATION ON ADMINISTRATIVE EXPENSES

The bill includes a limitation of $59,400,000 on
administrative expenses of the Farm Credit Administration.

TITLE VII--GENERAL PROVISIONS

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

Section 701.--The bill includes language making funds
available for the purchase, replacement, and hire of
passenger motor vehicles.
Section 702.--The bill includes language allowing for
unobligated balances to be transferred to the Working Capital
Fund.
Section 703.--The bill includes language limiting the
funding provided in the bill to one year, unless otherwise
specified.
Section 704.--The bill includes language limiting indirect
costs on cooperative agreements between the Department of
Agriculture and nonprofit organizations to 10 percent.
Section 705.--The bill includes language making
appropriations to the Department of Agriculture for the cost
of direct and guaranteed loans available until expended to
disburse obligations for certain Rural Development programs.

[[Page 20173]]

Section 706.--The bill includes language for funds to cover
necessary expenses related to advisory committees.
Section 707.--The bill includes language prohibiting the
use of funds to establish an inspection panel at the
Department of Agriculture.
Section 708.--The bill includes language regarding detailed
employees.
Section 709.--The bill includes language regarding the
appropriations hearing process.
Section 710.--The bill includes language regarding the
transfer of funds to the Office of the Chief Information
Officer and information technology funding obligations.
Section 711.--The bill includes language regarding the
reprogramming of funds.
Section 712.--The bill includes language regarding user fee
proposals.
Section 713.--The bill includes language regarding the
closure or relocation of Rural Development offices.
Section 714.--The bill includes language allowing for
reimbursement of the Bill Emerson Humanitarian Trust.
Section 715.--The bill includes language regarding the
closure or relocation of a Food and Drug Administration
office.
Section 716.--The bill includes language regarding the
availability of funds for certain conservation programs.
Section 717.--The bill includes language regarding
government-sponsored news stories.
Section 718.--The bill provides funding for the National
Center for Natural Products Research.
Section 719.--The bill includes language limiting certain
programs.
Section 720.--The bill includes language regarding
eligibility for certain rural development programs.
Section 721.--The bill includes language regarding meat
inspection.
Section 722.--The bill includes language providing that
certain locations shall be considered eligible for certain
rural development programs.
Section 723.--The bill provides funding for an agriculture
pest facility in Hawaii.
Section 724.--The bill includes language authorizing
certain watershed projects.
Section 725.--The bill includes language modifying matching
requirements for certain research grants.
Section 726.--The bill provides funding for certain
projects.
Section 727.--The bill includes language relating to infant
formula.
Section 728.--The bill rescinds certain funds.
Section 729.--The bill includes language relating to the
export of poultry products to the United States.
Section 730.--The bill includes language regarding the
Federal Meat Inspection and other acts.
Section 731.--The bill includes funding for two farm bill
programs.
Section 732.--The bill includes language establishing a
forestry pilot program for lands affected by Hurricane
Katrina.
Section 733.--The bill includes language regarding
administrative funds for certain farm bill programs.
Section 734.--The bill includes language regarding
guaranteed business and industry loan fees.
Section 735.--The bill includes language regarding
strategic regional development planning.
Section 736.--The bill includes language regarding the
broadband program.
Section 737.--The bill provides for the rescission of
certain facilities funds.
Section 738.--The bill provides for the rescission of
certain rural development funds.
Section 739.--The bill provides for the rescission of
certain facilities funds.
Section 740.--The bill includes funding for workforce
acquisition capacity and capabilities.
Section 741.--The bill includes language regarding school
food authorities.
Section 742.--The bill includes language regarding
properties of the Agricultural Research Service.
Section 743.--The bill includes language regarding rare and
neglected diseases.
Section 744.--The bill includes language regarding a food
safety stakeholder panel.
Section 745.--The bill rescinds certain funds.
Section 746.--The bill includes language regarding baseload
electric generation.
Section 747.--The bill rescinds certain funds.
Section 748.--The bill rescinds certain funds.
Section 749.--The bill limits certain funds.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the House or Senate Committee of jurisdiction for each item
so identified. Neither the bill nor the explanatory statement
contains any limited tax benefits or limited tariff benefits
as defined in the applicable House and Senate rules.

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FUNDING RECOMMENDATIONS

Budget Authority Total--With Comparisons

The total new budget (obligational) authority for fiscal
year 2011 provided in the bill, with comparisons to the
fiscal year 2010 amount and the 2011 budget estimate follows:

DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division B,
which makes appropriations for the Departments of Commerce
and Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and related
agencies for fiscal year 2011. As provide in Section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and the
implementation of this division as if it were a joint
explanatory statement of a committee of conference. Direction
contained in Senate report 111-129, unless otherwise
addressed in this statement, shall also provide legislative
intent on the appropriations contained in division B of this
Act. Funding levels for appropriations by account, and
comparisons to fiscal year 2010 levels and the budget
request, can be found in the table at the end of this
division.
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, for review by the
Committees on Appropriations within 60 days of enactment of
this Act. In addition, each department and agency funded
herein shall follow the directions set forth in this Act and
in this statement, and shall not reallocate resources or
reorganize activities except as provided herein.
Reprogramming procedures shall apply to funds provided in
this Act, unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in
fiscal year 2011, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2011.

TITLE I

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

The bill includes $514,204,000 in total resources for the
programs of the International Trade Administration (ITA),
which includes $9,439,000 in offsetting collections.
China anti-dumping and countervailing duty activities.--The
agency is encouraged to allocate additional resources above
the request to the activities of both these offices; is
directed to fully staff anti-dumping efforts, and notify the
Committees on Appropriations of any impediments to hiring or
retaining staff with the required expertise.
National Export Initiative (NEI) and trade compliance and
enforcement.--The bill includes funding to support a
comprehensive export strategy. However, ITA and the
Department are expected to focus just as aggressively on
unfair imports and reducing foreign subsidy programs as they
do in trying to overcome unfair trade barriers to U.S.
exports. ITA is directed to provide a spend plan for the NEI
within 60 days of enactment of this Act to the Committees on
Appropriations, and to provide quarterly reports on the
implementation of this strategy.
U.S. Foreign Commercial Service (FCS).--The Department is
directed to increase FCS's role overseas. However, the
Department is cautioned to better plan for how ITA will
reasonably grow the FCS and incorporate an influx of new
personnel. ITA is directed to provide the Committees on
Appropriations with a report within 60 days of enactment of
this Act that will include a detailed workforce plan and
refined cost estimates, as well as a specific management plan
as to how the agencies will manage FCS's financial and
workforce resources.
Travel expenditures.--The Department is expected to
continue to submit quarterly reports regarding ITA's travel
expenditures, including separate breakouts of funding, the
number of trips and the purposes of travel.
Human rights training.--The agency is directed to provide
human rights training for foreign commercial service officers
and foreign national employees within the requested funding
level.
The bill provides $3,400,000 for congressionally-designated
projects. ITA is directed to refrain from charging
administrative costs and is expected to provide appropriate
management and oversight of each grant.

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Bureau of Industry and Security

OPERATIONS AND ADMINISTRATION

The bill includes $109,975,000 for the Bureau of Industry
and Security (BIS).
Export controls.--The publication of patent applications
for national security and dual-use technologies defeats the
purpose of the Nation's export control laws. During the
multi-agency effort to reform these laws, the Administration
is urged to consider whether all such applications should be
restricted automatically from publication, and whether the
U.S. Patent and Trademark Office needs additional legislative
authority to restrict such publication. BIS is directed to
report to the Committees on Appropriations on this effort
within 90 days of enactment of this Act.

Economic Development Administration

The bill includes $317,181,000 for the programs and
administrative expenses of the EDA. The total recommendation
for EDA consists of the amounts appropriated in the following
two accounts.

ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS

The bill includes $277,000,000 for Economic Development
Assistance programs. Funds are to be distributed as follows;
any deviation of funds shall be subject to the procedures set
forth in section 505 of this Act:
Public works...............................................$160,000,000
Global climate change mitigation initiative................(25,000,000)
Planning.....................................................34,800,000
Technical assistance.........................................12,700,000
Research and evaluation.......................................1,500,000
Trade adjustment assistance..................................18,000,000
Economic adjustment assistance...............................50,000,000
Public works (PW).--PW funds are critical to economic
development within local communities and industries and
should not be reduced as proposed.
Planning.--The agency is directed to allocate this funding
to the existing network of Economic Development Districts
(EDDs), consistent with previous years' direction.
Technical assistance.--The bill includes an increase of
$400,000 to continue the competition of two additional
university centers each year, with the goal of ensuring that
each State has at least one center. EDA is encouraged to
develop a plan to restore funding to historic levels, extend
the three-year review process to five years, and re-establish
the peer review mechanism for evaluating university centers.
EDA is also directed to commission an independent study to
evaluate the performance of the university center program to
assist in the redesign.
Trade adjustment assistance (TAA).--The bill includes an
increase of $2,200,000 over fiscal year 2010 as a result of
the inclusion of service firms. EDA is directed to continue
to provide quarterly reports on the number of firms assisted,
how that assistance is quantified, and the value each center
adds to the TAA process. Collection of performance data is
required to warrant increased funding.
Economic adjustment assistance (EAA).--EDA grantees have
testified to the need for EAA grants but maintain that PW
projects are the mainstay of economic development for their
communities. The proposed shift of funds from PW to the EAA
account would result in a net reduction in the number of PW
projects funded. Therefore, the level of PW funding is
maintained while EAA funding levels have been increased. EDA
is encouraged to request significant additional funding for
both programs in fiscal year 2012 and beyond. Regional
innovation clusters and business incubators, within the
parameters of EDA's report of May 25, 2010, are supported
within funding provided; EDA is encouraged to facilitate a
system of consultation and referral among service providers.
EDA is directed to provide quarterly reports on progress and
funding awards for both initiatives, and expects proven
performance. EDA is also encouraged to increase the number of
revolving loan funds awarded and recapitalized for worthy
applicants. These funds are critical to communities that lack
access to credit, particularly during economic downturns when
many banks refuse to lend even to credit-worthy clients that
have successfully borrowed in the past.

SALARIES AND EXPENSES

The bill includes $40,181,000 for EDA's salaries and
expenses. EDA is directed to fill vacancies in regional
offices prior to those in headquarters, and to continue to
increase the number of Economic Development Representatives
in those areas where the territory to be covered presents
geographical challenges to serving all communities in a
timely and consistent manner. EDA is also encouraged to
increase staff support for exceptionally large geographic
areas.

Minority Business Development Agency

MINORITY BUSINESS DEVELOPMENT

The bill includes $32,316,000 for the Minority Business
Development Agency (MBDA). The agency is urged to request
sufficient funds in fiscal year 2012 and beyond to increase
the annual funding levels for each of its Minority and Native
American Business Enterprise Centers to at least $300,000.
Office of Native American Business Development (ONABD).--
The bill includes not less than $1,000,000 for the ONABD, as
requested, and the ONABD is directed to utilize the
assistance of the Native American Business Enterprise Centers
to help fulfill its obligations.
Technical assistance.--The agency is directed to provide a
report to the Committees on Appropriations by March 1, 2011,
on the centers that offer technical assistance in more than
one language, specifying the type of assistance each center
offers, in which languages, and the disaggregated data on
minority firms served.
Multilingual staff.--To the extent feasible, MBDA is
directed to increase the multilingual staff at headquarters
and at MBDA centers, particularly in those geographic service
areas that have significant populations with limited English
proficiency as defined by the most recent Census data.

Economic and Statistical Analysis

SALARIES AND EXPENSES

The bill includes $110,000,000 for Economic and Statistical
Analysis. The proposed new measurements will help Federal,
State, and local governments shape better policies to spur
job creation and assist in long-term planning decisions.

Bureau of the Census

The bill includes a total operating level of $1,235,423,000
for the Bureau of the Census.

SALARIES AND EXPENSES

The bill includes $271,364,000 for the salaries and
expenses of Census, which includes $5,000,000, as requested,
to allow Census to work in coordination with the Bureau of
Labor Statistics to supplement the official poverty measures
with annual measures from the Current Population Survey.

PERIODIC CENSUSES AND PROGRAMS

The bill includes a total of $964,059,000 for all periodic
censuses and related programs and includes funding for the
requested initiatives, albeit at a reduced level. Census may
use up to $255,600 for additional acquisition workforce
capacity and capabilities, as requested, from available
funds.
American Community Survey (ACS).--More than 180 Federal
assistance programs rely on ACS data to distribute $416
billion annually. The fiscal year 2011 request proposes to
begin to increase the sample size to 3.5 million housing
units annually. However, GAO has expressed concerns with the
current staffing plan. Census shall provide more detailed and
transparent staffing documentation to the Committees on
Appropriations within 60 days of enactment of this Act.
Data processing systems.--The bill includes funding to
strengthen information security capabilities, meet
increasingly demanding security requirements, and proactively
protect data resources.
Monthly status reports.--Census is directed to continue its
dashboard monthly status reports as it transitions into
preparations for the 2020 decennial.
Inspector general (IG) recommendations.--Census is directed
to incorporate all IG recommendations as it transitions into
the 2020 decennial, including a thorough review of the
training process; better communication of Census' various
enumeration practices; and increased budget transparency.
Other languages.--Census is encouraged to create language
assistance guides for the ACS, and is directed to continue to
provide updates on a semi-annual basis on its language
assistance program.
Data on small population groups.--Census' efforts to
collect and make available data from the ACS and the
decennial on small population groups and national origins
subgroups continues to be of great importance for
policymakers, as the needs among various populations vary
significantly.
Offshore U.S. jurisdictions.--Census is urged to ensure
that future statistics incorporate data on all U.S. citizens,
including those in Puerto Rico and other offshore
jurisdictions.
Best practices.--Census is urged to develop and share its
best practices and methods for outreach to hard-to-count
communities with Federal agencies and State and local
governments.

National Telecommunications and Information Administration

SALARIES AND EXPENSES

The bill includes $41,568,000 for the salaries and expenses
of the NTIA. The agency is directed to provide quarterly
reports on grant activities.
Minority Serving Institution (MSI) Digital and Wireless
Technology Opportunity Program.--Within 60 days of enactment
of this Act, the Secretary of Commerce is directed to submit
to the Committees on Appropriations a report describing the
Department's plans to support and assist MSIs in improving
their instrumentation, connectivity, hardware and software
for instructional and research purposes as contemplated by
the Stevenson-Wydler Technology Innovation Act of 1980, and
is urged to include a request for this program in fiscal year
2012.
Reverse auctions.--GAO is directed to provide a report to
the Committees on Appropriations by May 1, 2011, on the
feasibility of using reverse auctions to distribute any
future broadband subsidies through commercially available,
online procurement tools, including best practices, rigorous
evaluation techniques, and recommendations to ensure
compliance and accountability for auction winners.

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PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

The bill includes $20,000,000 for Public Telecommunications
Facilities, Planning and Construction (PTFPC). The
Administration once again proposed to eliminate the PTFPC
program, despite its own report that delineates the need for
PTFPC. Both the Corporation for Public Broadcasting (CPB) and
PTFPC work closely to ensure that they are not funding the
same projects. Each agency has a separate sphere of
responsibility and the programs differ in their respective
eligibility requirements and in the scope of the projects
that each fund. PTFPC funds only planning and construction
projects through a competitive process. CPB's community
service grant program does not fund planning or construction
projects. In addition, PTFPC funding is essential to
providing radio and television services to the print-
handicapped and individuals served by small or low-power
stations and stations faced with a catastrophic loss of
service, and new stations seeking to serve communities in
remote or rural areas.

United States Patent and Trademark Office

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill includes $2,262,000,000 for the United States
Patent and Trademark Office (USPTO), including $2,090,000,000
under the current fee structure, and an additional
$172,000,000 to be generated by a surcharge on patent fees,
as provided in this bill.
Projected fee collections.--The misperception by some USPTO
stakeholders that fees collected by the agency and not
appropriated for a particular fiscal year are ``diverted'' to
fund other agencies in the bill is an entirely inaccurate
description. But USPTO's inability to provide accurate
projections of its fee collections has had the effect of
diverting funding from other agencies and critical priorities
in the bill when the agency has overestimated the fees it
will collect. To the extent that an estimate may be
significantly more or less than actual fee collections, it is
the failure of USPTO's own estimation technique that causes
the problem. In fact, Congress has appropriated USPTO's full
fee collection estimates for many years, and any fees
collected by USPTO but not appropriated for a particular
fiscal year are credited to the agency and remain available
for appropriation at a later date.
Neither are all of the Federal costs of patents borne by
stakeholders through fee payments. Patent-related litigation
activities by the Department of Justice and the Federal
Judiciary are a benefit to patent holders and are financed
outside of the patent fee system, at great expense to the
American taxpayer. These are just two examples. If the
stakeholders continue to insist on full access to fee
collections, those fees should arguably include an accounting
of all the costs of Federal agencies for patent activities.
Some USPTO stakeholders are reportedly encouraging the
elimination of the role of the Appropriations Committees in
any decisions related to the annual budget of USPTO. However,
pendency and backlog issues are not fundamentally the result
of a lack of funds, but of a lack of management. Stakeholders
would be better served by continued oversight and improved
budget formulation, execution, and management than by
advocating for an agency with no annual budgeting oversight
by Congress.
Operating reserve fund.--USPTO is directed to provide a
plan for the proposed operating reserve fund, including
limitations on spending, within 60 days of enactment of this
Act, to the Committees on Appropriations.
Provision of fee collection projections.--UPSTO is directed
to continue to provide quarterly reports on its projected fee
collections and to notify the Committees on Appropriations
during any month when significant changes in such projections
prompt serious concern or require significant budgetary
responses.
Justification improvements.--USPTO's efforts to provide a
requirements-based budget for fiscal year 2011 are
acknowledged. However, the text needs to make the argument
for the funding requested and serve as resource materials for
Congressional use, and the justification shall be subjected
to Department of Commerce (DOC) oversight and editing. USPTO
is directed to work with DOC, as well as the Committees on
Appropriations, to ensure the fiscal year 2012 budget request
is appropriately formatted.
Reprogramming and spend plan.--USPTO is required to follow
the reprogramming procedures outlined in section 505 of this
Act before using excess fee collections to forward fund
expenses beyond fiscal year 2011. Any deviations from the
funding distribution provided for in this Act, including
carryover balances, are subject to the standard reprogramming
procedures set forth in section 505 of this Act. USPTO is
directed to provide a spend plan for fiscal year 2011, within
60 days of enactment of this Act, incorporating all carryover
balances from previous fiscal years, and describing any
changes to the patent or trademark fee structure. Any changes
from the spend plan shall also be subject to section 505 of
this Act.
Backlog of patent applications.--GAO has found that the
hiring of additional patent examiners is not sufficient to
address the backlog of patent examinations. Too often, patent
examiners, extensively trained at great expense to the
agency, have become private sector patent attorneys after
only a short tenure with the agency. USPTO has identified
alternative methods to meet backlog reduction goals and is
directed to provide a report to the Committees on
Appropriations on its progress with this and other backlog
reduction strategies within 90 days of enactment of this Act.
Economic security.--In some circumstances, the time between
the statute-mandated publishing of patent applications and
the award of a patent allows competitors market advantage.
This risks U.S. economic security and inventors' intellectual
property rights. USPTO is directed to study its patent
publishing process and consider the alternative of publishing
only the patent abstract instead of the entire application,
and report to the Committees on Appropriations on this effort
within 90 days of enactment of this Act.
Small business international patent protection.--DOC is
directed to work with USPTO and ITA to provide the Committees
on Appropriations with a report, within 90 days of enactment
of this Act, on how best to help small businesses with
international patent protection, including, if a fund is a
reasonable option, the initial level of appropriations;
management recommendations; eligible applicants and selection
criteria; and ways to ensure the fund becomes financially
self-sufficient.

National Institute of Standards and Technology

The bill includes $877,700,000 for the National Institute
of Standards and Technology (NIST).

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The bill includes $541,246,000 for NIST's scientific and
technical core programs.
Cybersecurity.--The bill provides $10,000,000 for the
Director to establish and operate a National Cybersecurity
Center of Excellence (NCCOE) in addition to NIST's ongoing
cybersecurity activities, of which $6,650,000 should be for
internal NIST requirements to staff and scale up the center,
and $3,350,000 shall be allocated on a merit-based
competitive basis for activities with relevant non-Federal
entities.
Molecular genetic assays.--Molecular genetic assays provide
the cutting edge for many individualized therapies in
oncology, transplantation, infectious disease and genetics,
but the production of certified reference materials has
fallen behind the technical capabilities of these assays.
NIST is urged to develop certified reference materials for
tests that are urgently needed to improve patient care and
safety, including cytomegalovirus, BCR/ABL mutation, KRAS
mutation, EGFR mutation, BK virus, and Epstein Barr virus.
NIST is directed to begin a national scale greenhouse gas
(GHG) observation testbed to examine data from existing and
emerging national GHG networks to verify measurement efficacy
and integration into inverse climate models, in order to
provide the foundation for independent measuring, reporting
and verification activities.
The bill provides $5,275,000 for congressionally-designated
projects. NIST is directed to refrain from charging
administrative costs and is expected to provide appropriate
management and oversight of each grant.

INDUSTRIAL TECHNOLOGY SERVICES

The bill includes $204,454,000 for Industrial Technology
Services (ITS). Of this amount, $124,700,000 is provided for
the Manufacturing Extension Partnerships, including full
support for the National Innovation Marketplace; $69,900,000
is provided for the Technology Innovation Program to continue
existing awards; and $9,854,000 is provided for the Baldrige
Performance Excellence Program, as requested. During fiscal
year 2010, the former Baldrige National Quality Program was
renamed and moved to ITS to consolidate NIST's non-laboratory
extramural programs.

CONSTRUCTION OF RESEARCH FACILITIES

The bill includes $132,000,000 for NIST construction. The
bill provides funding for the agency's highest priorities,
including completion of the JILA expansion. NIST is directed
to provide quarterly reports on the status of all
construction projects to the Committees on Appropriations.
Competitive construction grants.--Within funds provided,
$20,000,000 is included for competitive construction grants
for research science buildings in fiscal year 2011. The
program continues to attract significant numbers of
applicants, leverages additional public and private funding,
provides jobs, and improves science research in the Nation.
The Administration is expected to include this program in
future requests.
The bill provides $50,000,000 for congressionally-
designated projects. NIST is directed to refrain from
charging administrative costs and is expected to provide
appropriate management and oversight of each grant.

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National Oceanic and Atmospheric Administration

The bill includes a total of $5,551,928,000 in
discretionary appropriations for the National Oceanic and
Atmospheric Administration (NOAA). Within the amount
provided, NOAA is directed to fund the congressionally-
designated activities in the amounts identified in the table
at the end of this account. NOAA is directed to refrain from
charging administrative costs to these grants and is expected
to provide appropriate management and oversight of each
grant.

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

The bill includes a total program level of $3,478,460,000
under this account for the coastal, fisheries, marine,
weather, satellite and other programs of NOAA.

NATIONAL OCEAN SERVICE (NOS)

Mapping and charting.--The bill includes $51,350,000 for
mapping and charting, of which $1,500,000 is for the
development and demonstration of unmanned surface vehicles
for hydrographic survey operations.
Integrated Ocean Observing System (IOOS).--The bill
provides $33,000,000 for the IOOS regional observations, of
which $6,000,000 is for program administration; $24,000,000
is for a competitive, regional ocean observing systems
solicitation; and $3,000,000 is to continue to establish a
consortium for testing and advancing new sensor technologies.
Proposals for continuation of existing multi-regional
extramural test beds shall be considered and evaluated
concurrently and equally as part of the regional ocean
observing systems solicitation.
Coral reef programs.--The bill includes a total of
$32,706,000 for coral reef research and operations, including
$27,000,000 in NOS; $2,506,000 for deep sea corals in the
National Marine Fisheries Service; $2,000,000 in Oceanic and
Atmospheric Research, and $1,200,000 in congressionally-
directed projects.
Response and restoration.--The bill includes $29,418,000
for response and restoration, of which $2,900,000 is for
initial operations of the Gulf of Mexico Disaster Response
Center (DRC). NOAA is expected to appropriately staff and
fund the DRC in out-years to achieve operational capacity as
the gulf coast hub for NOAA's emergency preparedness,
response, and recovery operations. The duration of the
Deepwater Horizon spill has revealed that ORR staff is
overextended. While the costs of NOAA's response and
restoration efforts should ultimately be reimbursed by the
party or parties responsible, it is imperative that NOAA have
appropriate levels of funding available to conduct efforts as
needed. NOAA is directed to provide the Committees on
Appropriations with a long-term budget plan that reflects an
updated and more realistic core staffing and resource profile
based on lessons learned.
Oil spill research.--The budget materials for fiscal year
2012 shall include and justify a unified and coordinated
Federal approach for oil spill research that includes the
Department of the Interior, the Department of Energy, the
National Oceanic and Atmospheric Administration and the Coast
Guard.
Competitive external research.--The bill includes
$16,000,000 for competitive external ocean science research,
including harmful algal blooms, hypoxia and regional
ecosystems.
Coastal zone management grants.--The bill includes
$68,146,000 for coastal zone management grants and NOAA is
directed to use a portion of the increases provided for
efforts to modernize and improve state information systems to
assess, track and manage permitting and land-use tracking
procedures.
National Estuarine Research Reserve System (NERRS).--The
bill includes $1,174,000 above the request for NERRS
operations.
Marine sanctuary program.--The bill includes $49,500,000
for the marine sanctuary program, of which $2,000,000 is for
the purchase and installation of integrated vessel
electronics for the Marine Sanctuary small boats program.

NATIONAL MARINE FISHERIES SERVICE (NMFS)

National catch share program.--The bill includes
$49,500,000 for the national catch share program. This fully
funds the implementation and operation of planned and
existing catch share programs, and includes $6,002,000 for
cooperative research specific to catch share programs.
Ensuring sustainable fisheries ensures jobs--from harvesters
to processors to retailers--and ensures the profitability of
coastal communities, which depend upon those jobs. Over time,
improved fisheries will increase tax revenue, as well as
ensure a reliable and sustainable food source for the Nation.
Catch shares are designed to end overfishing and return a
fishery to sustainable levels, in part by providing fishermen
with the tools to ensure that they can sell the fish they
catch, rather than throw excess back into the ocean, which
frequently kills the fish. Over time, catch shares improve
the overall economic performance of the fishery, because as
overfishing ends and the stock rebounds, the catch allowed
increases, which is of increasing value to the fishermen.
The Committees on Appropriations recognize the importance
of the commercial and recreational fishing industries and are
sensitive to the objections raised by some fishermen to the
concept of catch shares. The Committees share the concerns of
these fishermen about the consolidation of the industry,
declining catches, and the challenge of complying with
regulations imposed by the Magnuson-Stevens Reauthorization
Act (MSRA). However, the Committees note that catch shares
are not the driving force behind consolidation or declining
catches. Instead, they are a tool that may be adopted by each
regional council if such council determines that a fishery
would benefit from their use; catch shares are not NOAA-
mandated. Catch shares are intended to provide fishermen with
more business flexibility in responding to the MSRA
regulations, allowing fishermen to consider market and
weather conditions in deciding when to fish, thus increasing
the price per pound and improving safety at sea.
Catch shares are also less amenable to long-term
consolidation, because a specific portion of the total
allowable fishery catch is allocated to individuals,
cooperatives, communities, or other entities, including
sectors. Nevertheless, NOAA is directed to provide a report
to the Committees on Appropriations, within 120 days of
enactment of this Act, detailing the steps being taken,
either by the agency or by the regional councils, to address
excessive consolidation.
Recreational fisheries.--Recreational fishing is
economically and culturally valuable to our Nation. The
Secretary is directed to issue guidance to councils to
consider biological, social and economic impacts as criteria
in determining the initial distribution of catch shares among
sectors in multi-sector fisheries, and to consider
transferability of catch share privileges between commercial
and recreational sectors. In addition, the Secretary is
encouraged to ensure that composition of the individual
regional councils is sensitive to the statutory requirements
of equity and fairness with respect to the balance between
commercial and recreational fishermen.
Fishery-independent surveys.--The closure of fisheries due
to the Deepwater Horizon oil spill has eliminated landing
data from both commercial and recreational fisheries sectors,
and combined with the lack of fishery-independent survey
information, the result is that the assessment of the
immediate impact of the oil spill on Gulf fisheries stocks,
as well as the ability to predict long-term impacts, is
impeded. NOAA is encouraged to fully implement a fishery-
independent data collection strategy, and is directed to
provide a report to the Committees on Appropriations on
implementation of such a strategy within 90 days of enactment
of this Act.
Salmon management activities.--The bill includes
$49,729,000 for salmon management activities, of which no
less than $23,729,000 is directed for Pacific Salmon Treaty
activities, an increase of $4,611,000 above the request. In
addition, an increase of $9,500,000 is provided above the
request to allow hatcheries to be reformed according to the
recommendations of the Hatchery Scientific Review Group.
Fisheries enforcement asset forfeiture fund (AFF).--The
Inspector General's (IG) investigation into the AFF,
established to use revenues from fisheries fines and
penalties to pay for enforcement activities, revealed a
serious lack of budgetary oversight by NOAA. The independent
forensic review of this fund revealed the revenues have been
co-mingled with other funds, resulting in a lack of
visibility over the entire fund by any one organization in
NOAA or DOC or any one responsible and accountable
individual; and that many transactions had no supporting
documentation, were missing approvals, and may ultimately be
found to be improper expenditures from the fund. Moreover, at
any given time, it is unclear how much is available in the
fund, though it should be, at all times, strictly accounted
for and included as offsetting funds for any appropriations
request. In addition, the fishing industry has made claims,
particularly in the Northeast region, that NOAA's fines are
excessive, constituting a form of bounty, because NOAA is
able to retain the proceeds from its enforcement cases. NOAA
is directed to: (1) define what appropriate expenses may be
charged against the asset forfeiture fund and develop
guidance accordingly; (2) conduct an annual audit of the fund
which will be commissioned by the IG for which expenses shall
be paid from the fund account; (3) post results of the annual
audit of the fund to NOAA's website in a prominent and
conspicuous place; (4) generate and implement an audit action
plan incorporating all the IG's recommendations; (5) utilize
the science available to set priorities and focus enforcement
on those priorities; and (6) provide a spend plan, containing
all these elements, to the Committees on Appropriations. The
bill includes $60,000,000 for enforcement, and essentially
freezes the AFF until NOAA receives approval from the
Committees on the AFF spend plan.
Ombudsman.--Given the overall results of the IG reviews;
persistent complaints about the complexity of the
regulations; and the fact that the penalty assessment and
defense process can put members of the fishing industry--
predominantly small business owners--out of business without
recourse, NOAA is directed to consider establishing an
ombudsman position for the fishing community that reports
independently to the Under Secretary. Additionally, or as an
alternative to

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an ombudsman, NOAA is directed, within its enforcement
program, to establish an independent office empowered to
advocate or advise the regulated community on violation
avoidance, compliance assistance, and defense and settlement
advocacy.
Observers.--The bill includes a total of $5,000,000 for the
Longline Observer program.
Community-based restoration program (CRP) grants.--The bill
includes $28,967,000 for fisheries habitat restoration, the
same as the request. NOAA's goal of implementing larger-scale
ecological restoration and the enormous backlog of coastal
habitat restoration projects is acknowledged, and future
budget requests are expected to provide appropriate funding
levels for such efforts. However, the multitude of important
ecosystem benefits of small- to mid-scale habitat restoration
projects that involve local communities and contribute to
larger-scale regional conservation or restoration plans are
critical. NOAA is expected to maintain the small- to mid-
scale project focus of the CRP that continues to provide
broad ecosystem benefits; involving community oriented
organizations and their communities and citizens at the local
level has been essential to CRP's highly successful on-the-
ground restoration efforts.
Antarctic research.--The fiscal year 2010 Antarctic field
research season was significantly affected by the lack of an
appropriate vessel and unexpected weather patterns, reducing
the number of samples below minimum levels in an effort to
ensure the safety of the crew and research teams. However,
maintaining the long-term database is critical to assuring
validity with respect to assessing the impacts of climate
change. NOAA is directed to ensure that funding levels are
sufficient to provide an appropriate and safe vessel,
regardless of weather conditions, and that research is
conducted as required to maintain continuity of the data.
Cooperative research.--Cooperative research provides an
effective means for fishermen to become involved in the
collection of fundamental fisheries information, and given
the challenging economic and regulatory conditions facing
fishermen, the bill provides $11,600,000, which is $4,500,000
above the request, and is in addition to the $6,002,000
included in the catch share program.
Regional studies.--NOAA's Chesapeake Bay Office is directed
to collaborate with the States of Maryland and Virginia to
advance multiple species management. NOAA shall continue to
utilize Sea Grant programs from both States and the National
Centers for Coastal Ocean Science, particularly the
Cooperative Oxford Laboratory (COL), on oyster restoration
and spatial planning science and management goals. NOAA is
directed to provide the Committees on Appropriations with a
report within 60 days of enactment of this Act, detailing a
clear strategic partnership between NOAA's Chesapeake Bay
Laboratory and COL, including collaborative breakouts on
personnel, resources, and costs.

OCEANIC AND ATMOSPHERIC RESEARCH (OAR)

Climate research.--The bill includes $163,159,000 for the
competitive research program; out of the increase provided
$2,200,000 is for continued chemical climate research
important to climate modeling; $1,400,000 is for atmospheric
chemistry to avoid losing a key sampling component; and
$1,000,000 is provided for replacement of equipment and
facilities damaged by the tsunamis triggered by the
earthquake that occurred in September 2009. NOAA is
encouraged to reestablish this important research station as
quickly as possible and is directed to provide a report to
the Committees on Appropriations, within 90 days of enactment
of this Act, on its plans to do so.
Urban greenhouse gas measurements.--NOAA is directed to
report to the Committees on Appropriations on the status of
urban greenhouse gas measurement within 120 days of enactment
of this Act. The report should include whether there is a
need to ensure accurate monitoring of greenhouse gases in the
urban environment and an opportunity to partner with
institutions of higher learning; as well as the feasibility
of deploying a network of portable, highly-accurate, low-
maintenance analyzers that meet the highest international
standards in multiple, geographically-diverse cities.
Laboratories and cooperative institutes.--The Committees on
Appropriations are aware that NOAA is underfunding
cooperative institutes and creating partnerships with the
external community under false financial pretenses. An
increase is provided to help bridge this gap, including
$2,000,000 in competitive funding above the ocean, coastal,
and Great Lakes laboratories and cooperative institutes
request for external coral reef institutes. The
Administration is expected to fully fund cooperative
institutes and laboratories at appropriate levels in future
years.
Weather and air quality research.--The bill includes
$650,000 for laboratories and cooperative institutes for
instrumentation and operation of state of the art monitoring
of nutrients and mercury speciation measurement stations and
laboratories.
National Sea Grant College program.--The bill includes
$63,000,000, of which $4,500,000 is for marine aquaculture
research and $2,000,000 is for aquatic invasive species
research; both shall be coordinated by NOAA's Sea Grant
office.

NATIONAL WEATHER SERVICE (NWS)

Space weather.--The importance of solar flare predictions
in space weather forecasting is recognized, and NOAA is
encouraged to further develop research efforts to improve the
statistical certainty of solar flare predictions.
National Mesonet program.--The bill includes $25,400,000
for continuation and expansion of the National Mesonet
program, including: (1) $13,400,000 to maintain data
procurements from existing surface in-situ observations
including those initiated during the initial phases of the
program, as well as those added in recent years; (2)
$4,000,000 for expansion of surface in-situ observations in
all areas of the country including urban and non-urban rural,
coastal and mountainous regions for purposes of weather and
climate monitoring; (3) $2,000,000 for establishment of a
National Mesonet Test Bed project to demonstrate the
integration of multifunctional observing systems including
both surface in-situ and remote sensing profilers for
improved forecasts and benefits to top priority segments of
the economy including renewable energy growth and aviation
efficiencies; (4) $5,000,000 for the continued development
and expansion of the Mobile Platform Environment (MoPED)
System into full capability to ensure that mobile platform
environmental data is available to support efforts of the
NWS; (5) $500,000 for enhancements to the Meteorological
Assimilation Data Ingest System (MADIS), including continued
evolution of metadata handling and performance capabilities,
contingent upon submission of a plan that shows a multi-year
justification for why MADIS expansion is preferable to
competitive procurement of tools developed by the private
sector for the same purpose; and (6) $500,000 for the
National Mesonet program office for oversight and data
utilization initiatives. NOAA is expected to include a robust
and expanded national mesonet program in its fiscal year 2012
budget request.

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE (NESDIS)

Scatterometer.--NOAA is directed, together with NASA which
is similarly directed, to continue co-funding joint studies
within available funds that should lead to a fiscal year 2012
request to build and fly an operational scatterometer
providing sea surface vector wind measurements. The
Committees on Appropriations are concerned that such a
request was not included in fiscal year 2011, given the
demise of the QuikSCAT. NOAA should aggressively pursue
negotiations to secure a flight opportunity for this
instrument that is both reliable and timely.
Archive, access, and assessment.--The bill includes
$75,000,000, an increase of $10,145,000 above fiscal year
2010, to transition climate data records (CDR) to operations;
continue additional CDR development; and to close the gap in
long-term safe storage of and access to the Nation's
environmental data and information.

PROGRAM SUPPORT (PS)

Facilities.--The bill includes $36,346,000 for NOAA
facilities, which includes $7,000,000 for renovations and
modernization of facilities necessary to support weather and
climate modeling needs. No funding for the Marine Operations
Center--Atlantic facility is provided as its construction has
already been financed.
Acquisition workforce capacity and capabilities.--NOAA may
use up to $1,908,414 for additional acquisition workforce
capacity and capabilities, as requested, from available
funds.
Administrative funding cap.--The Committees on
Appropriations are concerned about the lack of transparency
and visibility of all administrative costs incurred by NOAA's
corporate staff and line offices, including regional and
field offices. The Committees are particularly concerned that
the non-visible administrative cost components may be
increasing more rapidly than the directly visible corporate
services appropriation enacted to pay for NOAA corporate
administrative costs. For example, NOAA has continued to
assess line office programs for a portion of their corporate
administrative costs through a ``direct billing'' process
that is not visible to the Committees. Over the past five
years, the corporate services appropriation has accounted for
a declining share of total NOAA corporate administrative
costs, while the ``direct billing'' share of these costs has
increased significantly.
To address these concerns, the bill establishes a cap on
all NOAA headquarters (HQ) administrative costs for fiscal
year 2011. This new cap limits the amount of ORF and PAC
funds that can be used for administrative costs incurred by
NOAA's corporate and line office HQ operations. The cap for
fiscal year 2011 is $413,000,000, of which up to $391,000,000
may be met using ORF funds and up to $22,000,000 may be met
using PAC funds. This $413,000,000 limitation may be
increased up to five percent, with congressional notification
of the reasons for any proposed increase at least 15 days in
advance of the need. This cap includes the corporate services
appropriation within ORF and all NOAA payments to the
Department of Commerce for administrative services. No other
funds appropriated for NOAA in this Act may be used to pay
for NOAA administrative costs. Administrative costs consist
of those for the following

[[Page 20198]]

standard administrative functions: (1) general management and
direction, including public affairs and information
dissemination activities; (2) legal services; (3) CFO
operations including budget, finance, and accounting
activities; (4) CIO operations and all IT-related expenses:
(5) CAO operations, including facilities and security costs;
(6) human resources services, including EEO; and (7)
procurement, acquisition and grants management operations.
Although the NOAA line offices also incur administrative
costs at the field offices and financial management centers
(FMCs) that execute their programs, these costs are not
included in the administrative cost cap for two reasons.
First, the distinction between administrative and program
costs for field operations is less clear than for line office
HQ operations. Second, the current data identifying these
field administrative costs appear incomplete and less
reliable than HQ data. A cap may be imposed on these costs at
a future date.
In addition, NOAA shall provide a report to the Committees
on Appropriations within 30 days of enactment of this Act
that identifies total NOAA administrative costs for fiscal
year 2009 actual, fiscal year 2010 actual, and fiscal year
2011 planned for NOAA corporate staff and each line office,
including the Office of Marine and Aircraft Operations. The
report shall also identify the administrative costs incurred
by these organizational entities, as well as the field
offices and FMCs, for the standard administrative functions
described above. Similar tables shall be included in all
subsequent NOAA annual budget justifications provided to
Congress.
Education.--The bill includes $10,000,000 for competitive
educational grants, of which $2,500,000 is to continue the
ocean education partnership and $2,500,000 is to improve
geographic literacy in the Nation's schools utilizing NOAA's
national network of weather and environmental activities;
$14,000,000 for the educational partnership program with
minority serving institutions; a total of $8,700,000 for BWET
regional programs; $2,000,000 for the GLOBE program in
partnership with the National Aeronautics and Space
Administration; and $2,000,000 to ensure an appropriate
administrative level. NOAA is directed to request separate
funding for each program element in future budget requests,
rather than rolling the funding up into one line.
Justification improvement.--NOAA is directed to continue to
work with the Committees on Appropriations to reformat the
justification into a more transparent, informative and user-
friendly document. The Department is similarly directed.
Research and development (R&D) tracking and outcomes.--NOAA
is directed to continue to track the division of R&D funds
between intramural and extramural research; assure
consistency and clarity in the collection and reporting of
data; clearly state expected research outcomes and available
funding to provide transparency into the competitive grant
process; and increase extramural research funding in future
requests to build broad community support and leverage
external funding for mission-oriented research.

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PROCUREMENT, ACQUISITION, AND CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

The bill includes a total program level of $2,002,219,000
in direct obligations for procurement, acquisition, and
construction (PAC). The PAC cap for fiscal year 2011 is
$22,000,000, which may be increased by up to five percent
with congressional notification of the reasons for any
proposed increase at least 15 days in advance of the need. No
other funds appropriated for NOAA in this Act may be used to
pay for NOAA administrative costs.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act:
National Environmental Satellite, Data and Information
Service (NESDIS).--NOAA's efforts to move forward with a
full-scale radio occultation satellite constellation is
supported. However, NOAA is encouraged to explore fully the
possibility of buying radio occultation data from private
American companies, as a sole or supplemental source for this
data. Funding is also provided for DSCVR and replacement of
the ACE spacecraft, and NOAA is directed to report to the
Committees on Appropriations by February 7, 2011, on the most
expeditious and cost effective options for making DSCVR
operational and replacing the ACE spacecraft.
Joint polar satellite system (JPSS).--Despite months of
encouraging rhetoric about overhauling the highly troubled
National Polar-orbiting Operational Environmental Satellite
System (NPOESS), the Administration has failed to fully
execute plans to restructure the civil portion of this
program and migrate its associated contracts over to NOAA and
NASA. The Committees on Appropriations remain concerned at
the lack of definitive budgeting as well as decisional delays
caused by uncertainty over the transition of the legacy
program, including possible contract termination costs. It is
unconscionable that critical National weather and climate
data are held hostage to contract negotiations, not to
mention the budgetary impacts and implications. As a result
of the lack of clarity, the bill includes $1,803,609,000 for
all of NOAA's satellite programs. The agency is directed to
ensure a 2014 launch date of JPSS-1, to minimize the
potential gap in civil weather forecasting. NOAA is directed
to provide a detailed budget plan no later than 90 days after
enactment of this Act, to include funding level options
ranging from less expensive to preferred path. Once NOAA has
provided a more refined budget, should the need for
reprogramming become evident, the Committees will be
receptive to such a request. NOAA is further directed to
provide monthly programmatic and procurement status reports.
Inspector General (IG) oversight.--The bill includes a
transfer of $1,000,000 from PAC to the IG for oversight and
auditing to ensure that the current satellite programs avoid
the cost overruns and enormous administrative overhead
associated with NPOESS. Without aggressive oversight and
fiscal vigilance, this program has the potential to overwhelm
the remainder of NOAA's future budgets. NOAA is directed to
incorporate all IG recommendations for the geostationary and
polar-orbiting satellite programs.
Comprehensive large array stewardship system (CLASS).--The
bill includes $18,476,000 for CLASS. Of these funds,
$5,500,000 is for maintenance, operations, and implementation
of enhancements from development activity, and $15,976,000 is
for contracted development, with project administration and
oversight to be at NOAA's National Climatic Data Center.

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PACIFIC COASTAL SALMON RECOVERY

The bill includes $80,000,000 for the Pacific Coastal
Salmon Recovery Fund, requires all funds to be allocated
based on scientific and merit principles, and prohibits the
availability of funds for marketing activities.

FISHERMEN'S CONTINGENCY FUND

The bill includes $250,000 for the Fishermen's contingency
fund and directs the agency to request funding for this
program on an annual basis.

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The bill includes language transferring not to exceed
$3,000,000 from the Coastal Zone Management Fund to
``Operations, Research, and Facilities.''

FISHERIES FINANCE PROGRAM ACCOUNT

The bill includes language under this heading limiting
obligations of direct loans to $16,000,000 for Individual
Fishing Quota loans and $59,000,000 for traditional direct
loans.

Departmental Management

SALARIES AND EXPENSES

The bill includes $64,595,000 for Departmental Management,
which provides for the Department's highest priorities,
including full funding of the IT cyber security initiative.
The Department may use up to $1,377,991 for increasing
acquisition workforce capacity and capabilities, as
requested, from available funds.
Repatriation initiative.--A key component to doubling U.S.
exports is the repatriation of U.S. jobs that have moved
abroad. The Secretary is directed to launch a job
repatriation initiative, to include the development of a
``best practices'' for States and local communities to use to
grow their manufacturing base, and the expertise and
resources of ITA, EDA, MBDA, and NIST, in coordination with
other Federal economic development agencies, such as the
Small Business Administration. The Secretary is directed to
submit a report to the Committees on Appropriations on the
implementation of this initiative 120 days after enactment of
this Act.
Justification improvement.--The Department is directed to
continue to work to reformat all Department of Commerce (DOC)
justifications into more transparent, informative, and user-
friendly documents.
Departmental oversight.--The Department is directed to
continue to develop oversight capacity of the USPTO; track
fee collections and other pertinent policy and economic
impacts; avoid budgetary shortfalls; and ensure that the
Department and the Committees on Appropriations are fully
informed on USPTO funding issues.
Emergency steel loan guarantee (ESLG) program.--The
proposed rescission of the remaining unobligated subsidy
balances associated with the ESLG program is rejected.
Native American affairs.--The Department is encouraged to
expand the scope of the operations of the new office of the
Senior Advisor for Native American Affairs within available
funding.
U.S. Israel Science and Technology Commission (USISTC).--
DOC is directed to report on the feasibility of
reestablishing the USISTC within the DOC, and encourages the
commitment of appropriate resources.
National manufacturing strategy.--Within six months of
enactment of this Act, DOC is directed to submit a report to
the Committees on Appropriations and post on a public website
a National manufacturing strategy outlining the initiatives
the Administration is pursuing to strengthen the Nation's
manufacturing sector and detailing progress made since the
release of ``A Framework for Revitalizing American
Manufacturing'' in December 2009.

RENOVATION AND MODERNIZATION

The bill includes $5,000,000 for continued renovation
activities.

OFFICE OF INSPECTOR GENERAL

The bill includes $29,394,000 for the Office of Inspector
General (IG) for fiscal year 2011. In addition, the bill
includes transfers to the IG from USPTO and NOAA satellites
for oversight and audits of those activities. The IG is
directed to provide semiannual reports on the status and
progress of the 2020 decennial.

General Provisions--Department of Commerce

The following general provisions are included for the
Department of Commerce:
Sections 101, 102 and 104 through 108 continue longstanding
general provisions without substantive change from previous
years.
Section 103 modifies the authority to transfer funds
between Department of Commerce accounts, including NOAA, and
requires notification to the Committees on Appropriations of
certain actions.
Section 109 establishes interim authorities regarding
American Samoa's bigeye tuna fishery catch allocation.

TITLE II

DEPARTMENT OF JUSTICE

General Administration

SALARIES AND EXPENSES

The bill provides $145,565,000 for General Administration,
Salaries and Expenses.
Terrorism trials of former Guantanamo Bay detainees.--The
bill does not include the Administration's request of
$72,771,000 for the first year costs of criminal trials for
some former Guantanamo Bay detainees. This reduction reflects
the fact that the Administration's plan for these trials is
still undefined.
Office of Legislative Affairs (OLA).--OLA needs to provide
the Committees on Appropriations with information proactively
and in a timely manner, but this has not been consistent
practice over the past two years. OLA is directed to take
whatever steps are necessary (including communicating with
the White House to end unhelpful and counterproductive
information embargoes) to improve the sharing of information
with the Congress.
International Organized Crime (IOC).--The bill includes
funds for the IOC Intelligence and Operations Center, the
Attorney General's Organized Crime Council Program Support
Office and IOC increases requested in other bureaus.
Resources requested to provide a central fund for IOC case
operation costs, however, should continue to be derived from
the Attorney General's special projects fund or other
available sources. If the IOC initiative is intended to be a
permanent fixture that will appear in future requests, the
Department of Justice (DOJ) should develop a strategy for
funding this program somewhere other than the executive
leadership budget.
Cooperation with the Government Accountability Office
(GAO).-- The Department is directed to develop, in
consultation with GAO, a compromise that will allow
congressional oversight to proceed as necessary on
intelligence-related programs. As part of the negotiation of
this compromise solution, DOJ is directed to work more
broadly with GAO on improving the quality, quantity and
timeliness of DOJ responses to GAO reviews on all subjects,
including those that are not directly related to intelligence
or national security programs.
Missing and unidentified persons system.--The Department is
directed to report to the Committees on Appropriations on how
it plans to share information between the National Crime
Information Center and online databases containing
information on unidentified decedents and missing persons.
This report shall be submitted within 180 days of the
enactment of this Act.
Gang enforcement.--The Department should continue to strive
for better cooperation among anti-gang entities and greater
effectiveness in enhancing and linking gang cases. In
addition, the Department shall continue keeping the
Committees on Appropriations informed of any planned
management and organizational changes regarding anti-gang
efforts.
Obscenity enforcement.--The Department shall report to the
Committees on Appropriations within 180 days of enactment of
this Act on Obscenity Prosecution Task Force staffing and
spending levels, as well as on obscenity investigation and
prosecution workload statistics and accomplishments, both
currently and since the creation of the Task Force in 2005.
Prison rape elimination.--The Department shall publish, as
soon as possible, a final rule adopting national standards
for eliminating prison rape as mandated by the Prison Rape
Elimination Act (PREA) of 2003, and continue efforts to
provide assistance in the form of training, technical
assistance, and implementation grants to assist State, local,
and tribal jurisdictions in achieving compliance with PREA
national standards.
Tribal law enforcement.--The Department shall submit a
report outlining how a pilot project would be structured to
assess the impacts of expanding tribal law enforcement
jurisdiction. The report should include a description of: 1)
how a pilot tribe would be selected; 2) which categories of
crime would be included in the jurisdictional expansion; 3)
how tribal capacity issues would be addressed; 4) what
statutory changes would be necessary; 5) how constitutional
safeguards would be implemented; and 6) how the Department
would evaluate the success or failure of the pilot. This
report shall be submitted to the Committees on Appropriations
no later than 180 days after the enactment of this Act. To
the extent additional funding would be required to enhance
tribal capacity as part of such a pilot, grant funding
through the Department's tribal grant programs shall be
available for this purpose in fiscal year 2011 and future
years as necessary.
Tribal consultation.--Within 150 days of enactment of this
Act, the Attorney General shall provide the Committees on
Appropriations with a report on how DOJ will use the tribal
consultation process to further streamline and coordinate
programs and funding opportunities for Native Americans both
within DOJ and with relevant programs of the Department of
the Interior.

NATIONAL DRUG INTELLIGENCE CENTER

The bill provides $44,580,000 for the National Drug
Intelligence Center.

JUSTICE INFORMATION SHARING TECHNOLOGY

The bill provides $124,585,000 for Justice Information
Sharing Technology.
Unified Financial Management System (UFMS).--The direct
appropriation for UFMS is focused on the ongoing needs of the
Project Management Office rather than pre-funding the
initiation of any additional new work. The Department should
add any further necessary development and deployment costs to
the planned fiscal year 2011 UFMS reprogramming. For UFMS
activity that is

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undertaken in fiscal year 2011, the Department is directed to
continue submitting quarterly reports to the Committees on
Appropriations listing milestones for the year, with budget
and schedule estimates for each, and describing progress made
against each of those milestones.
Joint Automated Booking System (JABS).--In order to account
for a slower rollout schedule for JABS biometric upgrades,
the JABS enhancement request has been reduced by $3,000,000.
Justice Consolidated Office Network (JCON).--The Department
is directed to find program and acquisition efficiencies
sufficient to sustain an $8,000,000 reduction to this line
item.
Litigation Case Management System (LCMS).--Since the budget
request was submitted, the Department has decided to
terminate LCMS due to intractable programmatic and management
problems. As a result, the bill has eliminated all LCMS
funding from this account. Any closeout costs needed for the
program can be covered with funds remaining from the fiscal
year 2010 LCMS reprogramming or other available sources.
Cyber security and secure communications.--The bill
provides $32,100,000 for the continued strengthening of DOJ's
cyber security and secure communications programs.

LAW ENFORCEMENT WIRELESS COMMUNICATIONS

The bill provides $207,727,000 for Law Enforcement Wireless
Communications.
Integrated Wireless Network (IWN).--The Department is
directed to continue submitting quarterly reports to the
Committees on Appropriations on planned and actual IWN
milestone achievement, including budget and schedule
parameters. This year, the quarterly reports should also
include a description of the Department's efforts to ensure
that components are purchasing equipment that is compliant
with Project 25 standards.

Administrative Review and Appeals

This bill provides $315,420,000 for Administrative Review
and Appeals.
Legal Orientation Program (LOP).--The bill provides
$6,200,000 for the LOP, which includes $2,000,000 for the
custodians of unaccompanied alien children program and an
increase of $200,000 to cover the costs of the recent
expansion of the LOP. The Executive Office for Immigration
Review (EOIR) is directed to dedicate additional funds to
LOP, as necessary and available, to ensure that there is no
decrease in the level of support for LOP from year to year.
Immigration Court staffing.--EOIR is directed to submit a
report to the Committees on Appropriations showing authorized
Immigration Judge (IJ) staffing, start of year on-board
levels, anticipated attrition, planned hiring and expected
end of year on-board levels. This report should be provided
no later than 120 days after the enactment of this Act and
should be supplemented by quarterly updates showing actual
data as it is received. When allocating new law clerk
positions among IJ teams, EOIR is directed to prioritize the
addition of clerk positions to teams where the ratio of
judges to clerks exceeds 1:1.

Detention Trustee

The bill provides $1,533,863,000 for the Office of the
Federal Detention Trustee (OFDT).
Population estimates.--The Appropriations Committees
continue to be concerned with the Department's ability to
anticipate the funding needs for this account. In order to
improve tracking of the cost drivers for detention space
needs, OFDT is directed to continue reporting to the
Committees on a quarterly basis the number of individuals in
the detention system, the projected number of individuals and
the annualized costs associated with them.

Office of Inspector General

The bill provides $88,792,000 for the Office of Inspector
General.

United States Parole Commission

SALARIES AND EXPENSES

The bill provides $13,582,000 for the United States Parole
Commission.

Legal Activities

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

This bill provides $969,989,000 for General Legal
Activities. The funding is provided as follows:

Program Amount
Solicitor General...........................................$11,018,000
Tax Division................................................115,972,000
Criminal Division...........................................187,625,000
Civil Division..............................................334,944,000
Environment and Natural Resources Division..................111,410,000
Office of Legal Counsel.......................................7,782,000
Civil Rights Division.......................................161,885,000
INTERPOL-USNCB...............................................38,518,000
Office of Dispute Resolution....................................835,000
________________

Total.....................................................969,989,000

Tribal trust litigation.--The Environment and Natural
Resources Division's costs for conducting all tribal trust
litigation and related activities in fiscal year 2011 will be
paid for by the Department of Interior; consequently, these
funds were not provided directly through this division.
Human trafficking and slavery.--Within amounts provided for
the Civil Rights Division, $5,300,000 is for the Human
Trafficking and Slavery Prosecution Unit.
Human rights crimes.--The Criminal Division is directed to
continue increasing efforts to investigate and prosecute
serious human rights crimes, including genocide, torture, use
or recruitment of child soldiers and war crimes. Within the
Criminal Division budget, $1,800,000 shall be allocated for
attorneys, analysts and support personnel to pursue these
cases.
Child exploitation.--The bill provides $1,500,000 above the
request to enhance INTERPOL's efforts to establish a
dedicated global unit to fight child exploitation. This unit
will assist in enforcement requirements outlined in the Adam
Walsh Child Protection and Safety Act (the ``Adam Walsh
Act,'' or AWA) and other initiatives aimed at combating child
sexual exploitation.

VACCINE INJURY COMPENSATION TRUST FUND

The bill provides $7,833,000 for the Vaccine Injury
Compensation Trust Fund.

SALARIES AND EXPENSES, ANTITRUST DIVISION

The bill provides $71,028,000 in direct appropriations for
the Antitrust Division.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The bill provides $2,041,269,000 for the United States
Attorneys.
AWA enforcement.--The U.S. Attorneys are directed to spend
no less than $38,460,000 on prosecutions and other activities
pursuant to the AWA. The U.S. Attorneys should continue to
make AWA and other child exploitation cases a prosecutorial
priority.
Human trafficking.--The Executive Office for U.S. Attorneys
(EOUSA), in consultation with each U.S. Attorney, is directed
to designate a point of contact in each U.S. Attorney Office
who shall serve as the coordinator for all activities within
that office concerning human trafficking and slavery matters
covered by the Trafficking Victims Protection Act. Each
office is also urged to convene quarterly working-level
meetings, where Federal, State and local law enforcement are
represented, focusing specifically on combating human
trafficking.
Indian Country programs.--The U.S. Attorneys are directed
to spend no less than $31,965,000 on prosecutions and related
activities in Indian Country. EOUSA is directed to closely
monitor caseload trends in districts with Indian Country
responsibilities and to take actions, as appropriate, to
direct additional funds to these districts if needed. EOUSA
is also directed to submit a report describing the status of
its pilot tribal community prosecution teams and summarizing
their activities and achievements to date. This report shall
be submitted to the Committees on Appropriations no later
than 150 days after the enactment of this Act.

UNITED STATES TRUSTEE SYSTEM FUND

The bill provides a net direct appropriation of $0 for the
United States Trustees.
Debtor audits.--The Trustees shall submit a report
quantifying the budgetary need for debtor audits in 2011 and
outlining a plan for how those needs will be met with
available resources. This report shall be submitted to the
Committees on Appropriations no later than 90 days after the
enactment of this Act.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The bill provides $2,159,000 for the Foreign Claims
Settlement Commission.

FEES AND EXPENSES OF WITNESSES

The bill provides $270,000,000 for Fees and Expenses of
Witnesses.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The bill provides $12,606,000 for the Community Relations
Service (CRS).
Emmett Till Unsolved Civil Rights Crime Act activities.--
With funds provided, CRS should continue partnering with law
enforcement agencies and communities in conflict resulting
from the investigation of unsolved civil rights era cold
cases.

ASSETS FORFEITURE FUND

The bill provides $20,990,000 for the Assets Forfeiture
Fund.

United States Marshals Service

SALARIES AND EXPENSES

The bill provides $1,180,534,000 for the United States
Marshals Service (USMS), Salaries and Expenses.
Sex offender apprehension.--Although the Marshals Service
has annualized prior year AWA enforcement funding into its
base budget, it has consistently failed to request new
resources to expand the sex offender apprehension program. In
order to provide an infusion of new resources in fiscal year
2011, the bill provides $10,181,000 for additional AWA-
related activities and the operations of the National Sex
Offender Targeting Center. These funds are provided in place
of the money requested for the Special Operations Group and
the Technical Operations Group. If additional funds are
needed to meet AWA program needs, the Department should
reprogram resources from lower priority programs.
Contract management in the districts.--Marshals
Headquarters should continue to exert more central control
over contracting practices in the districts in order to move
every

[[Page 20213]]

district toward contracting best practices and identify
problems in the field more quickly. The Marshals Service
should also continue preliminary efforts, in consultation
with affected employees, to establish an ombudsman office to
address contract-related problems that arise in the
districts.
Regional Fugitive Task Forces (RFTFs).--The Marshals are
directed to provide $20,000,000 to enhance existing RFTFs and
to establish new task force capabilities in areas not
currently served by RFTFs.

CONSTRUCTION

The bill provides $26,625,000 for Marshals Construction.

National Security Division

SALARIES AND EXPENSES

The bill provides $99,537,000 for the National Security
Division.

Interagency Law Enforcement

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The bill provides $574,319,000 for the Organized Crime and
Drug Enforcement Task Forces (OCDETF).
Strike Force personnel.--OCDETF is directed to submit a
report showing the fiscal year 2010 and planned fiscal year
2011 distribution of personnel (by bureau) to each of the
collocated Strike Forces. This report should be submitted to
the Committees on Appropriations no later than 120 days after
the enactment of this Act.

Federal Bureau of Investigation

SALARIES AND EXPENSES

The bill provides $8,089,597,000 for the Federal Bureau of
Investigation (FBI), Salaries and Expenses.
Program increases.--The bill provides funds for all
requested program increases in full, with the exception of
Render Safe. The FBI can space the acquisition of its Render
Safe planes over two years without degrading its readiness
posture below that which is currently available via the
leased aircraft. Consequently, the bill has reduced the
request by $17,878,000, or the cost of one plane. If the FBI
wants to proceed with the acquisition of the second plane in
fiscal year 2011, a reprogramming request may be submitted to
accomplish this.
Human trafficking.--The bill includes $5,000,000 above the
request for the investigation of trafficking in persons and
the provision of victim witness coordinators for trafficking
cases.
Law enforcement in Indian Country.--The bill funds 81 new
FBI positions for law enforcement in Indian Country, at a
cost of $19,000,000, within the FBI's own budget rather than
through the Bureau of Indian Affairs. These positions are to
be available exclusively for Indian Country programs and
allocated to areas of greatest need.
Adherence to notification requirements.--The FBI is
directed to work with the Office of Management and Budget to
transition its budget from the current four decision units to
a new set based more closely on the FBI's operating
structure. This will rationalize the Bureau's budget
execution and improve its ability to identify when an
internal reallocation of funds should trigger Section 505
notification requirements. To ensure that notifications are
provided as needed during the time that the new decision
units are being constructed, the FBI is directed to develop
and issue strict new guidance on adherence to Section 505
requirements, including guidance on how and when to provide
notification of reallocations that are intended to be
temporary.
Hiring plan.--The FBI is directed to once again submit a
hiring plan and quarterly updates on staffing, consistent
with the direction provided in the statement accompanying
Public Law 111-117. Along with the Bureau-wide staffing data
already requested, the FBI is directed to include in the
quarterly reports a tracking of the number of authorized and
onboard victim-witness coordinators at the Bureau.
Intellectual property rights (IPR) enforcement.--IPR
enforcement should remain an investigative priority at the
Bureau. In order to maximize the effectiveness of IPR
enforcement, the Bureau should make all necessary efforts to
coordinate and cooperate with IPR units at the U.S. Attorneys
and the Criminal Division. In addition, the FBI is directed
to submit a report on the activities of its dedicated agents
investigating IPR cases. Specifically, the report should
demonstrate that the additional IPR agents provided in P.L.
111-8 and 111-117 (to a base level of no less than
$25,100,000) are solely investigating and prosecuting
violations of Federal intellectual property law. The report
shall also provide an accounting of the agents placed in
specific field offices with Computer Hacking and Intellectual
Property units and the types of intellectual property
investigations pursued by these agents. The report shall be
submitted to the Committees on Appropriations no later than
120 days after the enactment of this Act.
Unobligated and unexpended balances.--The FBI is directed
to work with the Committees on Appropriations to develop a
reporting structure that will provide clear accountings of
unobligated and unexpended balances on a regular schedule. In
the meantime, GAO is directed to review the FBI's processes
for periodically reviewing its unexpended balances and
reallocating any balances that are determined to be available
for deobligation. This review should ensure that the FBI's
procedures are appropriately rigorous and include a
comparison of the FBI's practices to those in other Federal
agencies. GAO shall report to the Committees on
Appropriations on the results of this review no later than
180 days after the enactment of this Act.
Criminal Justice Information Services (CJIS) Division.--The
bill provides $675,600,000 for the CJIS Division. This total
includes $291,100,000 of appropriated funds and $384,500,000
of user fees.
Animal cruelty data in the Uniform Crime Report (UCR).--The
FBI is directed to facilitate the prompt consideration by the
CJIS Advisory Policy Board of any received proposal to add
animal cruelty data to the UCR.
Next Generation Identification (NGI) system.-- The FBI is
directed to identify the fiscal year 2011 expected costs for
NGI in its portion of the DOJ spending plan and to
immediately notify the Committees on Appropriations of any
changes to NGI's budget, schedule or expected achievements
that emerge during the course of the year.
File inventory.--The FBI is directed to continue supporting
its nationwide file inventory program at a funding level no
less than the level provided for this activity in fiscal year
2010.
Gang enforcement.--The FBI is directed to continue
supporting its Safe Streets Task Force program at no less
than the current services level.
Surveillance.--The bill provides an increase of $25,179,000
to hire additional personnel to help address gaps within the
Bureau's surveillance program. No less than 75 percent of
these additional funds shall be spent on Special Surveillance
Groups.
Cyber security.--In recognition of the FBI's unique cyber-
related authorities and expertise, the bill provides
$181,754,000, an increase of 163 positions and $45,926,000
above the fiscal year 2010 enacted level, to further the
Bureau's investigatory, intelligence gathering and
technological capabilities to address cybercrime.
Human rights violations.--The FBI is directed to increase
its efforts to investigate and support the prosecution of
serious human rights crimes committed by foreign nationals,
including genocide, torture, and use or recruitment of child
soldiers. Within the amounts provided, the FBI is directed to
allocate $1,500,000 for agents and associated support
personnel at FBI headquarters to assist with these cases.
Civil rights enforcement.--Civil rights investigations are
a top investigative priority of both the Bureau and the
Congress. The bill provides the request of $36,600,000 for
the civil rights enforcement program, which will support
investigations of hate crimes, civil rights era cold cases
pursued under the Emmett Till Unsolved Civil Rights Crime
Act, and related offenses.
Child exploitation programs.--Despite a multiyear increase
in Internet exploitation cases, the FBI requested a current
services budget of $52,971,000 for the Innocent Images
program in fiscal year 2011. The bill provides this funding,
but the FBI is directed to closely monitor the online sexual
predator threat and to allocate additional resources to this
program in future requests if necessary. For child
prostitution and domestic sex trafficking cases that are not
primarily Internet based, the bill provides a total of
$26,100,000 through the Bureau's Innocence Lost program.
Mortgage fraud.--Mortgage fraud activity, particularly in
the subprime market, was a contributing factor to the recent
economic crisis and continues to play a role in undermining
national economic stability. In order to improve the Bureau's
ability to identify and investigate these schemes, the bill
provides an increase of $71,497,000 to hire additional
agents, analysts and support personnel in the white collar
crime program to focus on mortgage fraud.
The DOJ Inspector General revealed last year that the FBI
was not making full use of its white collar crime resources
despite the greatly increasing workload in this area. In
light of these findings and to ensure that the mortgage fraud
program is receiving the resources and attention that are
expected, the FBI is directed to provide on a quarterly basis
a break-out of the personnel allocated to mortgage fraud
investigations, the amount of any under- or overburn
experienced on mortgage fraud that quarter, and the number of
mortgage fraud cases being worked in that quarter.
DNA technical review standards.--The Committees are aware
of proposals to make changes to the FBI's DNA technical
review standards; the FBI is directed to keep the Committees
on Appropriations apprised of any activity regarding
decisions to modify or maintain those standards.
Sentinel.--The FBI asserts that the problems it has
experienced with the Sentinel project are contained; the
project will finish late but within budget; and the product
delivered through the end of Phase 2 largely reflects what
was expected under the program plan. Outside sources seem to
agree unanimously that each of these three contentions is
overly optimistic. Relatively little was achieved, in terms
of delivered benefits to end users, through Phases 1 and 2
even though more than 90 percent of the project budget was
consumed. It is difficult to imagine that all of Phases 3 and
4 can still be

[[Page 20214]]

achieved with so little remaining funding unless major
corners are cut in either execution or function.
Despite these concerns, the FBI has persisted in committing
itself to completing the project within its $451,000,000
budget, and the Congress will hold the Bureau to that
commitment. Consequently, the FBI is prohibited from spending
anything in excess of the $451,000,000 total without first
providing notification to the Committees on Appropriations,
even if a funding source is available that would not
otherwise trigger Section 505 notification requirements.
To manage the completion of Sentinel, the FBI shall develop
a Work Breakdown Structure (WBS) that complies with guidance
provided in GAO-09-3SP: Best Practices for Developing and
Managing Capital Program Costs. The product-based WBS shall
contain the capabilities that complete Sentinel as identified
by the DOJ OIG in its 11-01 report (October, 2010). The
structure of the Sentinel Completion WBS shall include
components for (1) Phase 3 Capabilities, (2) Phase 4
Capabilities and (3) Deferred Capabilities. The FBI shall
elaborate on each of the three WBS components to itemize the
planned or deferred functionality that will complete
Sentinel.
The FBI shall also configure its Earned Value Management
System to report progress on the itemized functionality
associated with each component.

CONSTRUCTION

The bill provides $130,589,000 for FBI Construction.
Modernization of FBI Academy facilities.--The bill provides
$6,287,000 for renovation and abatement activities necessary
for the modernization of existing FBI Academy facilities and
$17,000,000 for the construction of a new dormitory on the
Academy campus.

Drug Enforcement Administration

SALARIES AND EXPENSES

The bill provides $2,088,176,000 for the Drug Enforcement
Administration (DEA), Salaries and Expenses.
Prescription drug abuse.--The bill provides $291,832,000
for DEA's diversion control program. These funds are fully
offset by fee collections.
Methamphetamine cleanup.--The bill provides $10,000,000
through the Community Oriented Policing Services (COPS)
program to assist State, local and tribal law enforcement
agencies with the proper removal and disposal of hazardous
materials at clandestine methamphetamine labs, including
funds for training, technical assistance, a container program
and purchase of equipment. These funds will be provided by
transfer to DEA.
Terrorism Investigations Unit.--DEA is directed to use
$4,000,000 for the Special Operations Division to create a
third Terrorism Investigations Unit for Afghanistan.

CONSTRUCTION

The bill provides $41,941,000 for DEA Construction.
El Paso Intelligence Center (EPIC).--The bill provides
$41,941,000 for costs related to the renovation of the
existing EPIC facility and the expansion of the building. The
improvement of physical infrastructure at EPIC should allow
DEA to accommodate the increasing interagency demand for
space there and will meet the government's need for a
centralized and consolidated location for agencies to further
coordinate their interdiction, intelligence and investigative
activities focused on the Southwest border region.

Bureau of Alcohol, Tobacco, Firearms and Explosives

SALARIES AND EXPENSES

The bill provides $1,162,986,000 for the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF).
Project Gunrunner performance.--ATF is directed to provide
to the Committees on Appropriations performance data showing
how Project Gunrunner offices are contributing to the
program's overall goal of reducing firearms trafficking into
Mexico. This report shall be submitted no later than 120 days
after the enactment of this Act.
Firearms trafficking between the United States and
Mexico.--A reliable baseline of the annual weapons traffic
across the U.S. southern border is necessary for the
development of the most effective firearms enforcement
strategies and the determination of the necessary levels of
budgetary support for those strategies. Because such a
baseline does not currently exist, ATF is directed to work
with the Department of Homeland Security to develop and
submit an estimate to the Committees on Appropriations, along
with any necessary explanatory material, no later than 180
days after the enactment of this Act.
Firearms tracing capacity.--ATF is urged to identify
resources via reprogramming in fiscal year 2011 to begin
addressing National Tracing Center capacity and digitization
needs and to prioritize funds for these issues in its fiscal
year 2012 budget request.
Addressing the regulatory backlog.--ATF is directed to
dedicate $500,000 from within the funds provided to hiring
additional regulation writers to reduce the regulatory
backlog.
Implementation of the Prevent All Cigarette Trafficking
(PACT) Act.--ATF is directed to report to the Committees on
Appropriations on its expected annual costs for
implementation of the PACT Act, the extent to which those
costs might be covered by deposits in the PACT Anti-
Trafficking Fund and the plan for covering any new costs that
are not offset by the Fund. This report shall be submitted no
later than 180 days after the enactment of this Act.
Gang enforcement.--ATF is directed to continue supporting
its Violent Crime Impact Team program at no less than the
current services level.

Federal Prison System

SALARIES AND EXPENSES

The bill provides $6,553,779,000 for the salaries and
expenses of the Federal Prison System. As part of the
Department's fiscal year 2011 spending plan, the Bureau of
Prisons (BOP) shall propose a distribution of funds by
decision unit that incorporates directives in this statement.
BOP's fiscal year 2012 budget request shall provide detailed
descriptions of the major categories of activities comprising
each decision unit and the proposed funding levels for each
such category, including comparisons to prior year
obligations for each category.
Correctional worker staffing.--No less than $120,500,000 is
for additional base correctional worker staffing in fiscal
year 2011 and for the annualized cost of base correctional
workers hired during fiscal year 2010. BOP shall identify, as
part of the budget requests for fiscal year 2012 and future
years, the number of authorized positions for each BOP
facility in each correctional worker staffing category,
including comparisons of the number of authorized positions
in each category for fiscal years 2009 through 2012 and a
description of the process used to determine the number of
authorized positions for each year.
Staffing in housing units.-- BOP is directed to provide a
report to the Committees on Appropriations, within 180 days
of enactment of this Act, describing BOP's policies for
assigning correctional officers to housing units in low,
medium, and high security prisons. The report should describe
how BOP determines the vulnerability of officers to assaults
by inmates in housing units; how this vulnerability
determination informs the staffing assignments for housing
units; the extent to which low staffing levels have prevented
BOP from adequately staffing housing units to minimize
officer vulnerability; the extent to which additional funding
for staffing provided in this bill will be used to increase
staffing in housing units; and any strategies BOP has
adopted, considered or may consider to mitigate officer
vulnerability in housing units.
New prison activation.--Not less than $72,600,000 shall be
used to begin or complete the activation of newly constructed
prisons.
Inmate reentry and Second Chance Act implementation.--No
less than $39,695,000 is for BOP's Second Chance Act (SCA)
requirements and Residential Reentry Centers (RRC), as
requested. BOP shall report quarterly to the Committees on
Appropriations on the average length of stay in community
corrections, differentiated by average lengths of stay in
RRCs and home confinement. In addition, BOP shall submit a
report to the Committees on Appropriations, within 120 days
of enactment of this Act, on the status of implementing
Government Accountability Office recommendations (GAO-010-
854R) regarding BOP's strategic approach to budgeting for
inmate reentry programs. As part of its portion of the
Department's fiscal year 2011 spending plan, BOP shall
delineate the funding to be provided for each of its programs
and activities related to inmate reentry and SCA
implementation. Current and future reentry programming should
be informed by the recommendations and themes included in the
recent report of BOP's independent panel on prisoner reentry.
As part of the fiscal year 2012 budget submission, BOP shall
provide a detailed description of the coordinated prisoner
reentry strategy required by the SCA, which should include
clearly defined goals, an implementation timeline, the
estimated costs of implementing the strategy in fiscal year
2012, and the estimated cost of fully implementing the
strategy.
Counterterrorism activities.--No less than $14,200,000 is
for the full estimated cost of BOP's counterterrorism
activities.
National Institute of Corrections (NIC).--No less than
$20,320,000 is for the NIC.

BUILDINGS AND FACILITIES

The bill provides $269,733,000 for the construction,
acquisition, modernization and repair of prison and detention
facilities housing Federal inmates.
Modernization and repair (M&R).--BOP shall provide an
updated report to the Committees on Appropriations, within 90
days of enactment of this Act, identifying the total
estimated cost of all pending M&R projects by region and the
methodology used to develop those estimates. BOP shall
provide a similar M&R backlog list as part of its budget
request for future years. In addition, the Government
Accountability Office (GAO) shall review the methods that BOP
uses to identify and prioritize needed facility improvements,
the processes it uses to estimate associated costs, and its
plan for addressing its M&R backlog. GAO shall report to the
Committees on Appropriations, making recommendations for any
needed improvements, by September 15, 2011.

[[Page 20215]]

Construction.--Within 30 days of enactment of this Act, BOP
shall provide to the Committees on Appropriations the most
recent status of construction report and shall notify the
Committees of any deviations from the construction and
activation schedule, including detailed explanations of the
causes of delays and actions proposed to address them.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED

The bill establishes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated (FPI). FPI is directed to report to the
Committees on Appropriations within 180 days of enactment of
this Act on how it plans to use new pilot program authorities
included in Title V of this Act.

State and Local Law Enforcement Activities

Salaries and expenses.--All activities related to the
management and administration of discretionary grant
programs, grants, and cooperative agreements shall be
supported only with funding provided via the separate
Salaries and Expenses (S&E) appropriation provided in the
bill for each grant office. The Office on Violence Against
Women (OVW), the Office of Justice Programs (OJP), and the
Office of Community Oriented Policing Services (COPS) are
directed to develop formal definitions of management and
administration costs or detailed guidance governing decisions
about the types of costs that may be charged to each office's
S&E account. In addition, each grant office shall detail
actual and projected S&E costs by program, including
personnel costs, as part of the budget submission for future
fiscal years.
Workload analysis.--OVW, OJP, and COPS are each directed to
conduct a workload analysis to ensure that their respective
staffing levels and mix of personnel accurately reflect
workload and requirements. Each office shall provide a report
to the Committees on Appropriations within six months of the
date of enactment of this Act describing its updated staffing
model based on the results of its workload analysis. Within
six months of the date the offices submit their reports, GAO
is directed to report to the Committees on Appropriations,
evaluating each office's staffing model and making
recommendations, as warranted, on how each office's staffing
model could be further improved.
Training, technical assistance, research and statistics,
and peer review.--Training and technical assistance (T&TA)
activities, research and statistics activities and peer
review performed by OJP, OVW, and COPS, or through
interagency agreements or under contract for OJP, OVW, and
COPS, may be supported with program funds, subject to the
submission of details related to planned costs in these
categories by program as part of the Department's fiscal year
2011 spending plan. As part of the budget submission for
fiscal year 2012 and future years, the Department is directed
to detail the actual costs for each grant office in each of
these categories for the prior fiscal year, along with
estimates of planned expenditures by each grant office in
each of these categories for the current year and the budget
year.
Non-compliant grantees.--OJP, COPS and OVW appear to be
using different sanctions and remedies for grantees that are
determined to be out of compliance with grant requirements.
The Department should work to consolidate rules and
procedures across OJP, COPS and OVW in order to produce the
most consistent possible compliance enforcement process.

Office on Violence Against Women

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $448,500,000 for Violence Against Women
Prevention and Prosecution Programs. These funds are
distributed as follows:

Program Amount
STOP Grants................................................$198,000,000
National Institute of Justice (R&D)...........................3,000,000
Transitional Housing Assistance..............................30,000,000
Grants to Encourage Arrest Policies..........................45,000,000
Rural Domestic Violence Assistance Grants....................37,000,000
Violence on College Campuses..................................9,500,000
Civil Legal Assistance.......................................50,000,000
Sexual Assault Victims Services..............................30,000,000
Elder Abuse Grant Program.....................................4,250,000
Safe Havens Project..........................................14,000,000
Education & Training for Disabled Female Victims..............6,750,000
Court Training and Improvement................................3,000,000
Services for Children/Youth Exposed to Violence...............3,000,000
Advocates for Youth/Services for Youth Victims (STARY)........3,500,000
National Tribal Sex Offender Registry.........................1,000,000
Engaging Men and Youth in Prevention..........................3,000,000
National Resource Center on Workplace Responses...............1,000,000
Supporting Teens through Education and Prevention.............2,500,000
Analysis and Research on Violence Against Indian Women........3,000,000
American Indian/Native Alaskan Sexual Assault Clearinghouse.....500,000
Regional Summits on Violence Against Indian Women...............500,000
________________

Total.....................................................448,500,000

Tribal funding.--The bill provides $48,909,000 in OVW funds
for tribal purposes. This includes $43,064,000 in set-asides
for tribal coalitions and tribal governments; $845,000 in
other tribal set-asides; and $5,000,000 for tribally focused
programs, including the National Tribal Sex Offender
Registry, Analysis and Research on Violence Against Indian
Women, Regional Summits on Violence Against Indian Women and
the American Indian/Native Alaskan Sexual Assault
Clearinghouse.

SALARIES AND EXPENSES

The bill provides $17,800,000 for the management and
administration of OVW programs.

Office of Justice Programs

RESEARCH, EVALUATION AND STATISTICS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $340,000,000, as follows, for Research,
Evaluation and Statistics programs administered by the
National Institute of Justice and the Bureau of Justice
Statistics:

Program Amount
National Institute of Justice...............................$60,000,000
Bureau of Justice Statistics................................ 60,000,000
Evaluation Clearinghouse......................................1,000,000
National Instant Criminal Background Check System............15,000,000
Criminal Records Upgrade.....................................10,000,000
Paul Coverdell Forensic Science..............................30,000,000
Stalking Database.............................................3,000,000
DNA Initiative..............................................161,000,000
Debbie Smith DNA Backlog grants.........................(151,000,000)
Kirk Bloodsworth Post Conviction DNA Testing grants.......(5,000,000)
Sexual Assault Nurse Examiners............................(5,000,000)
________________

Total...................................................340,000,000

National Institute of Justice (NIJ).--NIJ should carry out
the new initiatives proposed for fiscal year 2011, including
the Bureau of Prison inmate reentry evaluation, the Arrestee
Drug Abuse Monitoring Program, and the Stopping Crime Block-
by-Block Field Experiments. As part of the Department's
fiscal year 2011 spending plan, NIJ is directed to provide a
plan for the use of all funding it administers, and to
include details regarding research and evaluation
specifically related to prevention and intervention
approaches directed at individuals under the age of 18.
Within 120 days of enactment of this Act, NIJ is directed to
provide a report to the Committees on Appropriations
responding to the July 2010 report by the National Research
Council, Strengthening the National Institute of Justice. The
report should include detailed responses to the report's
recommendations; a strategy for implementing recommendations
with which NIJ concurs, including an estimated timeline for
implementation; and detailed rebuttals of any recommendations
with which NIJ does not concur. In lieu of the two Office of
Inspector General (OIG) directives in Senate report 111-229
related to NIJ, the OIG is directed to review DNA backlog
expenditures over the last three fiscal years, including an
evaluation of the process for developing funding
solicitations to ensure they are appropriately tied to
established program goals and designed to ensure competition
among qualified applicants.
DNA and forensics research and evaluation.--From the
amounts provided for NIJ, the bill transfers $5,000,000 to
the National Institute of Standards and Technology Office of
Law Enforcement Standards to support the continued
development of standards and standard reference materials.
Bureau of Justice Statistics (BJS).--BJS should implement
the proposed initiatives on Indian Country statistics and
indigent defense.
Evaluation clearinghouse/what works repository.--The
Evaluation Clearinghouse/What Works Repository, an on-line
source for evidence-based information on what works and what
is promising in criminal and juvenile justice policy and
practice, shall be administered by the Office of the
Assistant Attorney General.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

The bill provides $1,651,780,000, as follows, for State and
Local Law Enforcement Assistance programs administered by the
Bureau of Justice Assistance (BJA), the Office for Victims of
Crime, the Community Capacity Development Office, or the
Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering and Tracking:

[[Page 20216]]

Program Amount
Byrne Memorial Justice Assistance Grants...................$519,000,000
National Institute of Justice.............................(5,000,000)
State and Local Antiterrorism Training....................(2,000,000)
State and Local Assistance Help Desk & Diagnostic Center..(6,000,000)
National Criminal Justice Commission (Section 542 of this (7,000,000)
Byrne Competitive Grants.....................................35,000,000
Byrne Criminal Justice Innovation Program....................30,000,000
Byrne Discretionary Grants..................................199,780,000
Criminal Justice Reform and Recidivism Reduction.............20,000,000
John R. Justice Grant Program................................10,000,000
Smart Policing................................................5,000,000
Ensuring Fairness and Justice in the Criminal Justice System..3,000,000
Justice Information Sharing and Technology....................5,000,000
Smart Probation..............................................10,000,000
Adam Walsh Act Implementation................................20,000,000
Sex Offender Management Assistance............................5,000,000
National Sex Offender Public Website..........................1,000,000
Children Exposed to Violence Initiative......................25,000,000
Matthew Shepard Hate Crimes Prevention Program................6,000,000
Flexible Tribal Assistance..................................100,000,000
State Criminal Alien Assistance Program.....................300,000,000
Southwest Border Prosecutor Program..........................20,000,000
Northern Border Prosecutor Program............................5,000,000
Victims of Trafficking Grants................................15,000,000
Residential Substance Abuse Treatment for State Prisoners....25,000,000
Drug Courts..................................................50,000,000
Mentally Ill Offender Act....................................12,000,000
Prescription Drug Monitoring..................................5,000,000
Prison Rape Prevention and Prosecution.......................10,000,000
Capital Litigation/Wrongful Conviction Review Grants.........12,500,000
Missing Alzheimer's Patient Grants............................2,000,000
Economic, High-tech and Cybercrime Prevention................23,000,000
Training Program to Assist Probation and Parole Officers......3,500,000
Second Chance Act Programs..................................100,000,000
Bulletproof Vests............................................25,000,000
NIST/OLES.................................................(1,500,000)
State Automated Victim Notification System...................10,000,000
Regional Information Sharing Activities......................40,000,000
________________

Total.................................................1,651,780,000
Edward Byrne memorial justice assistance grant program.--
The bill provides $519,000,000 for the Edward Byrne Memorial
Justice Assistance Grant program. Funding is not available
for luxury items, real estate, or construction projects. The
Department should strongly encourage State, local and tribal
governments to target funding to programs and activities that
are in conformance with evidence-based strategic plans
developed through broad stakeholder involvement. The
Department is directed to make technical assistance available
to State, local and tribal governments for the development or
updating of such plans.
Byrne discretionary grants.--The bill incorporates by
reference the following congressionally-designated activities
to prevent crime, improve the criminal justice system,
provide victim services, or other related activities:

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Byrne competitive grants.--As part of OJP's portion of the
Department's fiscal year 2011 spending plan, OJP is directed
to detail the criteria and methodology that will be used to
award these grants. OJP is encouraged to continue supporting
efforts to solve civil rights cold cases.
Smart probation.--The Smart Probation initiative will help
States and units of local government reduce crime and
recidivism through court-based and other probation approaches
that provide swift, predictable, and graduated sanctions for
noncompliance with the conditions of probation.
Flexible tribal assistance.--OJP is expected to consult
closely with tribal stakeholders in determining how tribal
assistance funds will be awarded for detention facilities,
courts, alcohol and substance abuse programs, civil and
criminal legal assistance, and other priorities. As part of
the Department's spending plan for fiscal year 2011, OJP
shall provide a plan for the use of these funds that has been
informed by such consultation.
Victims of trafficking.--The bill provides $15,000,000 for
task force activities and services for U.S. citizens,
permanent residents, and foreign nationals who are victims of
trafficking, including no less than $6,700,000 for victim
services for foreign national victims of trafficking. OJP
shall consult with stakeholder groups in determining the
overall allocation of Victims of Trafficking funding, and
shall provide a plan for the use of these funds as part of
the Department's fiscal year 2011 spending plan. The spending
plan should be guided by the best information available on
the regions of the United States with the highest incidence
of trafficking. In addition, the Department of Justice is
directed to undertake outreach efforts in the form of public
notices, such as newspaper advertisements, in ethnic
communities in the United States, the home countries of which
represent the top ten countries with regard to the prevalence
of human trafficking activities. These efforts shall be
designed to increase awareness of what constitutes human
trafficking crimes and provide information on how assistance
can be obtained, with the objective being the discovery and
rescue of victims and the identification and prosecution of
offenders.
Capital litigation/wrongful conviction review.--Of the
amount provided, $2,500,000 is for capital litigation grants
and $10,000,000 is for competitive grants to public and non-
profit entities that work to exonerate individuals who have
been wrongfully convicted.
Economic, high-tech and cybercrime prevention.--Within the
funds provided, no less than $6,000,000 is for competitive
grants to State and local law enforcement entities and
related organizations to address criminal intellectual
property enforcement and prosecution, which may include
grants for related training and technical assistance provided
to State and local law enforcement entities.
Second Chance Act.--OJP shall consult with stakeholder
groups in determining the allocation of Second Chance Act
funding among authorized programs and shall provide a plan
for the use of these funds as part of the Department's fiscal
year 2011 spending plan.
Byrne criminal justice innovation program.--OJP is
encouraged to give consideration to current Weed and Seed
grantees as noted in Senate Report 111-229.
Regional information sharing activities.--The bill provides
$40,000,000 to support activities that enable the sharing of
nationwide criminal intelligence and other resources with
State, local, and other law enforcement agencies and
organizations. Such activities should address critical and
chronic criminal threats, including gangs, terrorism,
narcotics, weapons, and officer safety or ``event
deconfliction,'' and should reflect regional as well as
national threat priorities. All activities shall be
consistent with national information sharing standards and
requirements as determined by BJA.

juvenile justice programs

The bill provides $506,040,000, as follows, for Juvenile
Justice Programs administered by the Office of Juvenile
Justice and Delinquency Prevention (OJJDP):

Program Amount
Part B--State Formula.......................................$72,000,000
Part E--Challenge Grants and Projects........................73,240,000
Youth Mentoring Grants......................................100,000,000
Title V--Incentive Grants....................................80,000,000
Tribal Youth.............................................(40,000,000)
Gang and Youth Violence Prevention and Education.........(15,000,000)
Alcohol Prevention.......................................(25,000,000)
Community-Based Violence Prevention Initiative...............20,000,000
CASA-Special Advocates.......................................15,000,000
Training for Judicial Personnel...............................2,500,000
Missing and Exploited Children...............................70,000,000
Internet Crimes Against Children Task Forces.............(30,000,000)
Investigation and Prosecution of Child Abuse.................22,500,000
Juvenile Accountability Block Grants.........................45,000,000
National Juvenile Delinquency Court Improvement Program.......5,000,000
Disproportionate Minority Contact and Evaluation Program........800,000
________________

Total...................................................506,040,000
Youth mentoring.--Among other activities, youth mentoring
funds should support programs, particularly in minority and
underserved communities, that also help foster the
development of employment skills, entrepreneurship, financial
literacy, and educational achievement, including preparation
for post-secondary education success. In addition, in light
of the alarming high school dropout, arrest, and unemployment
rates among youth with disabilities, OJJDP is encouraged to
fund expansions of mentoring services for youth with
disabilities. As part of its portion of the Department's
spending plan, OJJDP is directed to detail the criteria and
methodology that will be used to award youth mentoring
grants.
Missing and exploited children.--Within the total,
$30,000,000 is for the Internet Crimes Against Children Task
Force program. As part of the Department's spending plan for
fiscal year 2011, OJP is directed to provide a plan for the
use of Missing and Exploited Children program funds.
Part E discretionary grants.--The following
congressionally-designated activities related to juvenile
justice and at-risk youth are incorporated into the bill by
reference:

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PUBLIC SAFETY OFFICER BENEFITS

The bill provides $77,300,000 for the Public Safety Officer
Benefits program, including $61,000,000 for death benefits
for survivors, an amount estimated by the Congressional
Budget Office that is considered mandatory for scorekeeping
purposes, and $16,300,000 for disability and education
benefits.

SALARIES AND EXPENSES

The bill provides $200,000,000 for salaries and expenses
for the Office of Justice Programs (OJP), including
$32,500,000 for OJP's Office of Audit, Assessment, and
Management.

Community Oriented Policing Services

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $542,070,000 for COPS Programs. These
funds are distributed as follows:

Program Amount
COPS Hiring and Policing Development.......................$363,000,000
Transfer to Tribal Resources Grant Program...............(42,000,000)
Tribal Resources Grant Program...............................30,000,000
COPS Technology and Interoperability.........................98,885,000
Transfer to NIST OLES.....................................(1,500,000)
Meth Hotspots................................................17,185,000
Transfer to DEA..........................................(10,000,000)
Child Sexual Predator Prosecution Program....................18,000,000
Secure Our Schools...........................................15,000,000
________________

Total...................................................542,070,000

COPS hiring and policing development.--The bill includes
$363,000,000 for hiring and policing development grants for
State, local and tribal law enforcement. Within the amount
provided, COPS is directed to fund $26,000,000 of community
policing development programs, including police integrity
initiatives. Within the funds available for hiring grants,
$30,000,000 is for the hiring or rehiring of officers who
will be assigned to Internet Crimes Against Children (ICAC)
Task Forces. These funds, together with those provided under
the OJP heading, will fully meet the level authorized for
ICACs under the PROTECT Act. In recognition of average
personnel and benefit levels in many parts of the country
that exceed the $75,000 per officer statutory cap for the
hiring program, the cap has been waived for fiscal year 2011.
The local match requirement for these grants has also been
waived.
Tribal resources.--At the enacted levels, COPS will be
supporting $72,000,000 in programs targeted exclusively to
tribal communities through the Tribal Resource Grant Program
(TRGP). Within the TRGP, $30,000,000 is provided through
direct appropriations and $42,000,000 by transfer from the
hiring and policing development program. All funds available
to the TRGP can be used for hiring, equipment, training and
anti-methamphetamine activities. This will allow tribes
maximum flexibility to respond to their most urgent local
priorities.
Technology and interoperability grants.--The bill provides
$98,885,000 for technology and interoperability grants,
including a transfer of $1,500,000 to the NIST Office of Law
Enforcement Standards to complete remaining aspects of
Project 25 interface standards and to begin developing
standards for emerging technologies, such as VoIP
applications, for public safety operations. Within the amount
provided, COPS is directed to fund congressionally-designated
activities in the amounts identified in the following table,
which the bill incorporates by reference:

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Methamphetamine hotspots.--The bill provides $17,185,000
for the Methamphetamine Hotspots program, including a
transfer of $10,000,000 to DEA for assistance to State, local
and tribal law enforcement agencies with the removal and
disposal of hazardous materials at clandestine meth labs.
Within the amount provided, COPS is directed to fund
congressionally-designated activities in the amounts
identified in the following table, which the bill
incorporates by reference:

[[Page 20252]]

SALARIES AND EXPENSES

The bill provides $39,000,000 for the management and
administration of COPS programs.

General Provisions--Department of Justice

The Act includes the following general provisions for the
Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Sections 202 through 210 and sections 212 through 213
continue general provisions without substantive change from
previous years.
Section 211 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title and to any re-obligation, for any
purpose other than that of the program for which the prior
obligation was made, of de-obligated balances of funds
provided in previous years.
Section 214 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance and permits up to 3 percent of grant and
reimbursement program funds made available to that office to
be transferred to NIJ or BJS for criminal justice research
and statistics.
Section 215 gives the Attorney General the authority to
waive matching requirements for certain Second Chance Act
grant programs.
Section 216 permits the use of appropriated funds for
travel and health care of personnel serving abroad.

TITLE III

SCIENCE

Office of Science and Technology Policy

The bill provides $6,990,000 for the Office of Science and
Technology Policy (OSTP). OSTP shall provide leadership and
active coordination on STEM education; nanotechnology,
including its societal dimensions; and hydrology research and
water resources, understanding terrestrial managed and
unmanaged ecosystems and their role in climate change, and
soil science and the role of soils in the carbon cycle. Each
of these areas involves significant activities of multiple
departments and agencies and is critical to issues of
national importance.
OSTP personnel.--OSTP shall provide a report to the
Committees on Appropriations not later than 90 days following
enactment of this Act, detailing the number, by function, of
personnel authorized and currently on-board, at the OSTP,
including all IPAs, reimbursable, non-reimbursable and
detailed personnel, and identifying the agencies from which
the staff is detailed.
Plant data.--OSTP shall provide a report within 120 days of
enactment on maintenance of plant data, both genotypic and
phenotypic, through combined public and private efforts.
Dispersants.--OSTP Director shall, within 60 days of
enactment of this Act, submit to the Committees on
Appropriations a research plan for the most urgent research
questions regarding dispersants and within 180 days of
enactment of this Act outline a comprehensive research plan
and funding strategy for research on dispersants including
their benefits, detriments, and the monitoring of their long-
term effects on the environment.

National Aeronautics and Space Administration

AGENCY SUMMARY

Annual budget preparation and presentation.--NASA's annual
budget submission continues to be disappointing in its lack
of transparency. NASA is directed to prepare the annual
budget submission to Congress in a manner fully consistent
with direction contained in 42 USC 16611b.
Reserves reporting.--NASA is directed to include in its
budget justification the reserve assumed by NASA to be
necessary within the amount proposed for each directorate,
theme, program, project and activity, or, if the proposed
funding level for a directorate, theme, program, project or
activity is based on confidence level budgeting, the
confidence level assumed in the proposed funding level.
Reporting of cost, schedule and content for NASA research
and development projects.--NASA is directed to cooperate
fully and to provide timely program analysis, evaluation
data, and relevant information to the Government
Accountability Office (GAO) so that GAO can report to
Congress in advance of the annual budget submission of the
President and semiannually thereafter on the status of large-
scale NASA programs, projects, and activities based on its
review of this information.
Breach reporting.--Pursuant to section 103 of Public Law
109-155, the NASA Authorization Act of 2005, NASA is required
to deliver several reports to the appropriate authorizing
committees when project costs grow in excess of certain
thresholds. NASA is directed to submit these reports
concurrently to the Committees on Appropriations.
Monthly reports.--To improve the usefulness of monthly
reports on obligations and disbursements required by section
525(b) of the Fiscal Year 2008 Omnibus Appropriations Act,
NASA is directed to include in the funding that it reports as
available not only new budget authority, but also carryover
and recoveries. Specifically, on the 15th business day of
each month beginning in March 2011, the Administrator of NASA
shall report in writing to the Committees on Appropriations
detailed financial information on the execution of the budget
for the preceding month and for the fiscal year to date. Each
report shall provide information on obligations incurred
against, and outlays made from, the appropriations for fiscal
year 2011 and prior years; available carryover from prior
year appropriations; and recoveries from prior or current
year appropriations, presented by (1) appropriation account,
(2) theme, (3) program or project, (4) Center, and (5) object
class, and any other financial information requested by the
Committees on Appropriations.
Contracting.--NASA is directed to minimize its use of cost
plus fee contracting and to employ fixed price contracts for
all systems, components, and projects using proven or high
technical readiness technology.
Operating plans.--NASA is directed to provide the amount of
civil service manpower assumed in the plans for each account
and for the four themes within the Science account, the three
themes within the Space Research and Technology account, and
the four themes within the Space Operations account.
Summary funding provided for NASA is delineated more fully
in the table below and in the account summaries.
NASA ($'s in thousands)
Science.......................................................5,005,600
Aeronautics.....................................................579,600
Space Research and Technology...................................559,000
Exploration...................................................3,706,000
Space Operations..............................................5,247,900
Education.......................................................180,000
Cross Agency Support..........................................3,085,700
Construction and Environmental Compliance and Restoration\1\....528,700
Inspector General................................................37,500
________________

Total......................................................18,930,000
\1\Includes $20,000,000 in prior year appropriations

SCIENCE

The bill provides $5,005,600,000 for science, and within
funds provided for planetary science, makes $15,000,000
available for a reimbursable agreement with the Department of
Energy to re-establish the facilities required to produce
fuel for radioisotope thermoelectric generators to enable
future science missions.
Earth system science pathfinder, other missions and data
analysis.--NASA is directed to use at least $10,000,000
within funds provided to continue and expand its pilot data
product effort on above-ground terrestrial biomass carbon
using data available from existing sources and measurement
systems to establish a baseline forest biomass and carbon
inventory pilot at the management relevant 30-meter scale of
Landsat data sufficient to resolve forest biomass on parcels
of 10 acres or more. Also within funds provided, $5,000,000
is for continuing and expanding on-going carbon monitoring
system pilot activities and to add a pilot effort on soil
carbon working with the appropriate other Federal agencies.
Scatterometer.--NASA shall support NOAA in any efforts to
develop a dual-frequency operational scatterometer to provide
sea surface vector wind measurements in both light and strong
wind conditions.
Jupiter system mission.--In support of the potential
collaboration between NASA and the European Space Agency on
Jupiter system exploration with orbiting spacecraft for both
Europa and Ganymede, the bill provides $30,000,000 within
funds provided for Outer Planets to continue studies of this
flagship mission.
International lunar network.--NASA shall immediately move
forward with this mission.
Solar Probe Plus.--The bill includes $14,100,000 for the
Solar Probe Plus mission, and NASA is directed to work
aggressively to achieve a launch in 2016.
Wide Field Infrared Survey Telescope (WFIRST).--WFIRST was
identified as the first priority in the recent astronomy and
astrophysics decadal survey. NASA is strongly encouraged to
make a robust request for WFIRST in fiscal year 2012 that
builds on the work of the Joint Dark Energy Mission project.
Civil service labor and expenses.--Although funds for the
Science account are made available for two years, NASA shall
manage civil service labor and expenses within the account on
a one-year basis.
Details of funding for the Science Mission Directorate are
provided in the following table.

Science Mission Directorate (dollars in thousands)

Earth Science
Earth Science Research........................................438,100
Earth Science Research and Analysis.........................324,600
Computing and Management....................................113,500
Earth Systematic Missions.....................................809,400
Global Precipitation Measurement (GPM)......................128,800

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Glory Mission................................................21,900
Landsat Data Continuity Mission (LDCM)......................156,800
NPOESS Preparatory Project (NPP).............................64,400
Ice, Cloud, and land Elevation Satellite (ICESat-2)..........68,500
Soil Moisture Active and Passive (SMAP)......................82,500
Other Missions and Data Analysis............................286,500
Earth System Science Pathfinder...............................307,700
Aquarius.....................................................17,000
OCO-2.......................................................171,000
Venture Class Missions.......................................73,500
Other Missions and Data Analysis.............................46,200
Earth Science Multi-Mission Operations........................161,200
Earth Science Technology.......................................52,800
Applied Sciences...............................................32,600
__________

Subtotal, Earth Science.................................1,801,800
Planetary Science
Planetary Science Research....................................180,400
Planetary Science Research and Analysis.....................131,100
Other Missions and Data Analysis.............................23,900
Education and Directorate Management..........................5,100
Near Earth Object Observations 20,300
Lunar Quest Program...........................................136,600
Lunar Science................................................74,700
Lunar Atmosphere and Dust Environment Explorer...............57,900
International Lunar Network...................................4,000
Discovery.....................................................202,000
Gravity Recovery and Interior Laboratory (GRAIL)............104,800
Other Missions and Data Analysis.............................97,200
New Frontiers.................................................214,500
Juno........................................................184,200
Other Missions and Data Analysis.............................30,300
Mars Exploration..............................................532,800
2009 Mars Science Lab.......................................231,600
MAVEN.......................................................161,200
Other Missions and Data Analysis............................140,000
Outer Planets.................................................112,800
Technology....................................................106,500
__________

Subtotal, Planetary Science.............................1,485,600
Astrophysics
Astrophysics Research.........................................155,500
Astrophysics Research and Analysis...........................60,100
Balloon Project..............................................27,100
Other Missions and Data Analysis.............................68,300
Cosmic Origins................................................687,100
Hubble Space Telescope (HST)................................102,700
James Webb Space Telescope (JWST)...........................444,800
Stratospheric Observatory for Infrared Astronomy (SOFIA).....79,600
Other Missions And Data Analysis 60,000
Physics of the Cosmos.........................................102,300
Exoplanet Exploration..........................................42,200
Astrophysics Explorer..........................................89,200
Nuclear Spectroscopic Telescope Array (NuStar)...............32,100
Gravity and Extreme Magnetism................................21,000
Other Missions and Data Analysis.............................36,100
__________

Subtotal, Astrophysics..................................1,076,300
Heliophysics
Heliophysics Research.........................................165,200
Heliophysics Research and Analysis...........................30,700
Sounding Rockets.............................................48,900
Research Range...............................................19,600
Other Missions and Data Analysis.............................66,000
Living with a Star............................................213,600
Radiation Belt Storm Probes (RBSP)..........................140,000
Solar Probe Plus.............................................14,100
Other Missions and Data Analysis.............................59,500
Solar Terrestrial Probes......................................162,800
Magnetospheric Multiscale (MMS).............................143,800
Other Missions and Data Analysis.............................19,000
Heliophysics Explorer Program.................................100,200
IRIS.........................................................69,000
Other Missions and Data Analysis.............................31,200
New Millennium....................................................100
__________

Subtotal, Heliophysics....................................641,900
==========
_______________________________________________________________________

Total, Science........................................5,005,600

AERONAUTICS

The bill provides $579,600,000 for aeronautics.
Civil service labor and expenses.--Although funds for the
Aeronautics account are made available for two years, NASA
shall manage civil service labor and expenses within the
account on a one-year basis.
Green aviation.--NASA is directed to establish a lead
Center of Excellence (COE) for Green Aviation at an existing
NASA Research Center with appropriate expertise and
comprehensive test facilities. This COE shall coordinate the
program as it grows and establish public-private partnerships
with industry and academia to test and develop subsystems,
full scale concept aircraft and other technologies in
realistic flight environments up to technology readiness
level 6. NASA shall report on its detailed implementation of
these tasks by April 1, 2011.

SPACE RESEARCH AND TECHNOLOGY

The bill provides $559,000,000 for Space Research and
Technology including funding for Small Business Innovative
Research (SBIR) and Small Business Technology Transfer (STTR)
programs, for exploration technology research and development
proposed within the Exploration account, and for general
space research and technology. NASA shall propose an
appropriate allocation of funds for this account, including
commercial reusable suborbital research, as part of its
operating plan for fiscal year 2011. Consequently, no detail
is provided herein.
Exploration technology development.--Any activities
requested as part of exploration technology development under
the Exploration account, including initiation of the Flagship
1 program, may be funded in this account.
Low technology readiness space research and technology.--
The general space research and technology element of this
program will deal with technologies at low levels of
technology readiness. NASA is directed to pattern the
management of this program element on the proven advanced
research projects agency model. It will be critical that NASA
attract visionary technology leaders to limited-term
positions as program managers at NASA Headquarters because
their decisions will determine the success of this program.
To ensure broad outreach to the best centers of new and
innovative technologies, no NASA center shall be assigned a
role in the management of this program, and NASA center
research and development shall not be accorded any preference
over research by public and private entities outside NASA.
Civil service labor and expenses.--Although funds for the
Space Research and Technology account are made available for
two years, NASA shall manage civil service labor and expenses
within the account on a one-year basis.

EXPLORATION

The conference agreement provides $3,706,000,000 for
exploration. Within funds provided, no less than $300,000,000
shall be for Commercial Cargo; no less than $250,000,000
shall be for Commercial Crew; no less than $1,800,000,000
shall be for development of a heavy lift launch vehicle
system; and no less than $1,200,000,000 shall be for
development of the Orion multipurpose crew exploration
vehicle.
Heavy lift launch vehicle.--The bill provides
$1,800,000,000 to begin building an integrated heavy lift
launch vehicle system for crew and cargo. The system shall
enable human transportation at the highest possible safety
standards and lowest life cycle costs for human exploration
beyond low Earth orbit and shall be designed, managed, and
integrated by the Marshall Space Flight Center. This funding
shall be part of a sustained, parallel development effort of
a common core and an upper stage to culminate in an initial
human space transportation capability by 2016. The heavy lift
launch vehicle, as authorized in Public Law 111-267, shall
have an initial lift capability of not less than 130 tons to
low Earth orbit, have the capability to lift the necessary
elements for missions beyond low Earth orbit in order to
extend human exploration capabilities, and serve as back-up
for crew and cargo transportation to the International Space
Station. No funding from this appropriation for the vehicle
shall be used for technology development, crew vehicle
development, or supporting mission or ground operations
systems development. The program shall be managed under a
strict cost cap of $11,500,000,000 through fiscal year 2017.
Within 60 days of enactment of this Act, NASA shall report to
the Committees on Appropriations on planned milestones, draft
requirements, the conceptual design of the heavy lift launch
vehicle, planned ground and early flight testing programs and
deliverables for the heavy lift launch vehicle program, along
with any existing contract vehicles the agency intends to
use. As part of this report, NASA shall evaluate the
preceding recommended cost cap and either validate the
proposed cap or provide a viable and validated alternative.
Orion multipurpose crew exploration vehicle.--The bill
provides $1,200,000,000 for the Orion multipurpose crew
exploration vehicle that will enable human transportation
beyond low Earth orbit. The vehicle shall be capable of being
launched on the heavy lift launch vehicle and may also
provide alternative access to low Earth orbit, including the
International Space Station by fiscal year 2014. The program
shall be managed under a strict cost cap of $5,500,000,000
through fiscal year 2017. No funding from this appropriation
for the Orion capsule shall be used for technology
development, heavy lift launch vehicle development, or
supporting mission or ground operations systems development.
Within 60 days of enactment of this Act, NASA shall report to
the

[[Page 20254]]

Committees on planned milestones, expected performance and
configurations, a planned testing program, and deliverables
for the crew exploration vehicle program, along with any
suggestions for streamlining oversight. As part of this
report, NASA shall evaluate the preceding cost cap and either
validate the cap or provide a viable and validated
alternative.
Robotic precursor program.--NASA shall consolidate all
elements of the lunar lander and exploration robotics
programs and locate project management at the Marshall Space
Flight Center as proposed.
Additional funds.--The unallocated amount of $156,000,000
may be used for activities requested under human research or
robotic precursors or to augment or enhance other activities
explicitly funded under Exploration. Funding for exploration
technology development is provided as part of Space Research
and Technology.
Civil service labor and expenses.--Although funds for the
Exploration account are made available for two years, NASA
shall manage civil service labor and expenses within the
account on a one-year basis.

SPACE OPERATIONS

The bill provides $5,247,900,000 for space operations
including $989,100,000 for Space Shuttle operations and
support; $825,000,000 for an additional Space Shuttle
logistics flight, launch complex development, and development
of ground operations for the heavy lift launch vehicle and
the Orion crew exploration vehicle; $2,745,000,000 for
International Space Station operations, maintenance,
research, development and support; and $688,800,000 for Space
and Flight Support operations, production, research,
development and support.
Additional shuttle logistics flight and launch complex
development.--Prior to obligation of any funds for an
additional shuttle logistics flight the NASA Administrator
shall certify to the Committees on Appropriations that an
additional shuttle flight will be at least as safe as the
remaining flights on the shuttle manifest dated February 28,
2010, that the intended mission is in the national interest,
and that the risks to be incurred are commensurate with the
benefits.
Any funds not spent on an additional shuttle logistics
flight shall be available for: launch complex development
only for activities at the Kennedy Space Center related to
the civil, non-defense launch complex; use at other NASA
flight facilities that are currently scheduled to launch
cargo to the International Space Station; and development of
ground operations for the heavy lift launch vehicle and the
Orion crew exploration vehicle. No funds are provided for the
refurbishment of ET-94.
Within 60 days of enactment of this Act, NASA shall provide
the Committees on Appropriations the five-year plan for the
civil launch complex and other NASA flight facilities and a
plan and budget estimate for development of ground and
mission operations to support the heavy lift launch vehicle
and the Orion crew exploration vehicle. As part of this plan,
NASA shall clearly delineate the respective responsibilities
of ground and mission operations development and operations
as distinct from the responsibilities of the heavy lift
launch vehicle and Orion crew exploration vehicle; explain
how the recommended plan will provide the lowest life cycle
costs for human exploration beyond low Earth orbit; and
supply cost estimates for development and operations to serve
as the basis for an appropriate cost cap on development and
an achievable target level of annual operating costs.
Any funds for construction activities shall be transferred
to the construction and environmental compliance and
restoration account and become available for five years.
Satellite servicing.--Within the amounts provided for space
operations, $75,000,000 is for continuing efforts in use of
the next generation of human space flight architecture to
service existing and future observatory-class scientific
spacecraft as identified in the conference report
accompanying division B of Public Law 111-8. The activities
to be undertaken shall be a joint project of the Space
Operations, Science, and Exploration mission directorates,
and shall include technology demonstrations for both robotic
and human servicing capabilities.
International Space Station national laboratory.--NASA
shall provide the guaranteed access for International Space
Station (ISS) national laboratory experiments provided in
Section 504(d)(1) of Public Law 111-267.
Disposition of space shuttle orbiters.--Following the
retirement of the space shuttles, NASA should bear any costs
that normally would be associated with surplusing the
orbiters, including taking hazardous orbiter systems offline.
Any shuttle recipient should bear transportation costs, along
with costs associated with preparing the surplused orbiter
for display. If an orbiter is awarded to the Smithsonian
Institution, NASA shall provide it at nominal or no charge.
Any funds received from shuttle orbiter disposition shall be
available only as provided in subsequent appropriations Acts.
Civil service labor and expenses.--Although funds for the
Space Operations account are made available for two years,
NASA shall manage civil service labor and expenses within the
account on a one-year basis.

EDUCATION

The bill provides $180,000,000 for education including
$44,800,000 for Space Grant programs. The bill makes a
technical amendment related to the availability of the
Endeavor Teacher Fellowship Trust Fund.
National space grant college and fellowship program.--NASA
is directed to fund 42 states or jurisdictions at $900,000
each and 10 states or jurisdictions at $700,000 each. No
funds for administrative costs may be withheld by NASA from
these grants.
Educational activities at NASA centers.--NASA is directed
to fund each of the ten NASA center visitor centers at
$1,000,000 for the development of educational activities. No
funds for administrative costs may be withheld by NASA from
these grants.
Informal education grant program.--NASA is directed to use
$8,000,000 to fund competitively selected grants to informal
education institutions for science, technology, engineering,
and mathematics education activities including partnerships
between these institutions and school systems to accomplish
inquiry-based education. No funds for administrative costs
may be withheld by NASA from these grants.
Minority university research and education program.--NASA
is directed to fund this program at $30,000,000.
Experimental Program to Stimulate Competitive Research.--
NASA is directed to fund this program at $24,900,000.
Civil service labor and expenses.--Although funds for the
Education account are made available for two years, NASA
shall manage civil service labor and expenses within the
account on a one-year basis.

CROSS AGENCY SUPPORT

The bill provides $3,085,700,000 for Cross Agency Support
including $2,270,200,000 for NASA center management and
operations; $47,500,000 for independent verification and
validation (IV&V); and $56,125,000 for congressionally-
designated projects that are included by reference. Funds are
made available for one year.
Activities of the Chief Engineer.--NASA is directed to fund
these activities at the amount included in the budget
request.
Acquisition workforce increase.--Within funds provided, up
to $3,592,000, as requested, may be used to enhance NASA's
acquisition workforce.
Affordability adjustment.--The bill assumes a general
reduction that may be applied to unobligated balances from
prior years and to amounts provided herein. Such reductions,
which shall be detailed in NASA's initial operating plan,
shall not be assessed against those activities augmented by
the bill or otherwise addressed by this explanatory
statement.
Employee performance communications system (EPCS).--In lieu
of the report requested in the Senate report to S. 3636,
Government Accountability Office [GAO] shall assess NASA's
EPCS. To the extent practical, GAO should assess whether
EPCS, as implemented by NASA, utilizes leading human capital
practices and results in a system that provides both
accountability and fairness for all employees. GAO should
also include in its assessment the extent to which NASA's
EPCS has a process for planning, monitoring, developing,
assessing, and rewarding employee performance that is aligned
to the agency's goals and promotes a performance culture that
focuses on two-way communication and accountability for
results, and clearly differentiates between high and low
performing employees. NASA's Office of Diversity and Equal
Opportunity shall complete its assessment of the issues
raised in the Senate report regarding equal opportunity and
inequity among supervisory and non-supervisory staff and NASA
shall respond appropriately to those findings.
Allocation of funds to specific program elements.--Details
of the funding break-out within Cross Agency Support are
provided in the following table.
Cross Agency Support (dollars in thousands)
Center Management and Operations............................2,270,200
Center Institutional Capabilities.........................1,776,200
Center Programmatic Capabilities............................494,000
Agency Management and Operations..............................809,200
Agency Management...........................................400,000
Safety and Mission Success..................................204,200
Safety and Mission Assurance.................................49,000
Chief Engineer............................................103,600
Chief Health and Medical Officer............................4,100
Independent Verification and Validation....................47,500
Agency IT Services (AITS)...................................177,800
IT Management..............................................16,100
Applications...............................................79,100
Infrastructure.............................................82,600
Strategic Capabilities Assets Program........................29,800
Simulators.................................................11,700
Thermal Vacuum Chambers.....................................8,400
Arc Jets....................................................9,700
Congressionally Directed Items.................................56,125
Affordability adjustment......................................-52,425
__________

Total, Cross Agency Support...........................3,085,700
Congressionally-designated projects.--Within the
appropriation for cross agency support

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programs, the conference agreement provides for the following
congressionally-directed activities:

[[Page 20256]]

[[Page 20257]]

[[Page 20258]]

CONSTRUCTION AND ENVIRONMENTAL

COMPLIANCE AND RESTORATION

The bill provides $508,700,000 and $20,000,000 to be
derived from available unobligated balances appropriated in
previous years. The recommendation fully supports the
requests in the budget. NASA is directed to allocate these
funds as follows:
Science.....................................................$40,500,000
Exploration.................................................109,800,000
Space operations.............................................15,600,000
Cross agency support......................................362,800,000
Institutional investments...............................(300,700,000)
Environmental compliance and restoration.................(62,100,000)
Historic buildings.--Within funds provided for cross agency
support construction, NASA is directed to use $20,000,000 for
restoration of historic buildings.
Provision of form 1509.--NASA is directed to continue to
provide NASA form 1509 for each construction of facilities
(CoF) project submitted in the annual budget request or an
initial operating plan and for each CoF project subject to a
reprogramming notification.
Capabilities for the future.--NASA is urged to request
funding for aeronautics, science, and institutional
construction of facilities to address at least 20 percent per
year of the need identified in the National Research Council
report Capabilities for the Future--An Assessment of NASA
Laboratories for Basic Research.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $37,500,000 for the
Office of Inspector General, which shall be available for one
year.

ADMINISTRATIVE PROVISIONS

The bill contains language regarding the availability of
funds for announced prizes.
The bill contains language providing for the transfer of
certain amounts between appropriations accounts.
The bill contains language regarding transfers of unexpired
balances.
The bill contains a provision that stipulates that funding
designations and minimum funding requirements contained in
any other Act shall not apply to funds appropriated in this
Act for NASA.
The bill includes language permitting transfer of up to
$60,000,000 from NASA Exploration and Space Operations
accounts to the Economic Development Administration to
promote economic development and ease workforce transition
related to the retirement of the Space Shuttle and
programmatic changes in the Exploration program.

NATIONAL SCIENCE FOUNDATION

Continuity in funding levels.--The American Recovery and
Reinvestment Act of 2009 (ARRA) included $3,002,000,000 in
funding for the National Science Foundation (NSF). Roughly
two-thirds of these supplemental funds have supported 2-, 3-,
4-, and 5-year grants. Consistent with normal NSF practice,
the majority of the awards fund 3-year grants. In the Rising
Above the Gathering Storm Revisited report of the National
Research Council the authors state, ``Without new actions the
precipitous reduction in efforts that were being funded by
that mechanism will be very damaging to America's future
ability to compete for jobs in the global marketplace.'' The
fiscal year 2011 budget request projects NSF funding in
fiscal year 2012 of $7,766,000,000 compared to $8,490,000,000
projected for that year by the budget request for fiscal year
2010. This lower level is only 4.6 percent above the budget
request for fiscal year 2011 and $1,104,420,000 below the
total funding level for fiscal year 2009. Should private
sector R&D employment not grow sufficiently to make up the
difference, the resulting downturn in employment and career
opportunities in science, engineering and mathematics will
undermine the objectives articulated in Rising Above the
Gathering Storm to ``make the U.S. the most attractive
setting in which to study and perform research so that we can
develop, recruit, and retain the best and brightest students,
scientists, and engineers from within the U.S. and throughout
the world.''

RESEARCH AND RELATED ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $5,949,080,000 for research and related
activities, including a transfer of $54,000,000 from NSF to
the United States Coast Guard (USCG) for icebreaking services
to cover all anticipated operation and maintenance costs for
fiscal year 2011. It is expected that all future year
operation and maintenance budget authority for these USCG
icebreakers will be requested by the Department of Homeland
Security, and the Committees will not entertain a request for
this funding under NSF in fiscal year 2012.
Within the funds provided, NSF is directed to maintain
funding at the levels requested for the following activities:
Climate change
Cyber-enabled discovery and innovation
Science and engineering beyond Moore's law
Cybersecurity Research
National Radio Astronomy Observatory
National Astronomy and Ionosphere Center.--NSF is directed
to maintain support for the National Astronomy and Ionosphere
Center at the same level as in fiscal year 2010.
Hydrology, terrestrial ecosystems and soils.--NSF shall
strengthen integration and coordination, including
interagency coordination, of data systems, observations, and
modeling across hydrology research, across soil science, and
across terrestrial ecology research.
Gemini telescope.--NSF is directed to increase U.S. support
of the Gemini telescope by $2,000,000 above the request in
order to acquire additional telescope time for NSF
investigators.
EPSCoR.--Within the funds provided, $156,000,000 is for
EPSCoR.
Inquiry-based science and engineering courses.--NSF is
strongly encouraged to fund augmentations of research grants
to support development and implementation of inquiry-based,
experiential science, technology, engineering, and math
(STEM) courses for college freshmen, sophomores, or non-
majors whereby students develop the habits of mind of a
scientist.
Robotics research.--NSF shall increase support for robotics
research that brings together products of the Beyond Moore's
Law and Nanotechnology initiatives along with rapid advances
in computer science, electronics, and sensing.

major research equipment and facilities construction

The bill provides $157,190,000 for Major Research Equipment
and Facilities Construction. None of the funds may be used to
reimburse the Judgment fund. The following table shows the
specific projects for which funding was requested and is
provided.
Advanced Ligo...............................................$23,580,000
Atacama Large Millimeter Array (ALMA)........................13,910,000
Advanced Technology Solar Telescope (ATST)...................17,000,000
NEON.........................................................12,000,000
Ocean Observatories Initiative (OOI).........................90,700,000

NSF shall be mindful that research systems for modeling and
observing the environment have the potential to demonstrate
techniques that may become part of operational systems.

education and human resources

The bill provides $900,000,000 for Education and Human
Resources. Adjustments to the budget request for specific
programs are as follows:
Informal Science Education...................................+1,600,000
Pilot comprehensive initiatives in Inquiry-Based Education..+64,000,000
Historically Black Colleges and Universities UP.............+32,000,000
Louis Stokes Alliances for Minority Participation...........+44,750,000
Tribal Colleges and Universities............................+14,250,000
Federal Cyber Service: Scholarships for Service/Cybercorps..+30,000,000

Graduate STEM fellows in K-12 education.--All proposals for
fellows programs shall require science and engineering
fellows to be trained in inquiry-based instruction and
prepared to support this approach in the schools where they
are assigned. NSF may broaden this program to allow fellow
assignments in community colleges.
Inquiry-based college courses in STEM.--NSF shall use at
least 20 percent of the funds provided for Transforming
Undergraduate Education in STEM to support the development
and implementation of inquiry-based, experiential STEM
instruction in courses for freshmen, sophomores, and non-
majors whereby the students develop the habits of mind of a
scientist.
Within the Discovery Research K-12 program, NSF shall
competitively select and fund at least four 4-year pilot
comprehensive initiatives to demonstrate how to effectively
implement and sustain inquiry-based, experiential instruction
in K-12 STEM classes. The aim is to ensure that K-12 courses
support the development in students of the habits of mind of
a scientist. From among the highly reviewed proposals, NSF
shall select pilots in at least one rural and one urban
setting, from both primary and secondary instructional
levels, and from different regions of the country. Each pilot
is to incorporate the full range of activities necessary
including teacher education, mentoring, and support;
implementation in one or more schools; student assessment;
and project evaluation. Each pilot should provide a report
documenting the experience; identifying evidence about best
practices and lessons learned, including a recommended
implementation plan; evaluation of curricula, materials and
assessment instruments used; and student learning outcomes.
These reports shall be in a form suitable for use by other
schools and school systems and be made widely available. As
appropriate, pilots may be extended with additional funding
in future fiscal years.
Robotics competitions.--Not less than $2,000,000 is for
competitive grants to promote STEM education through robotics
competitions. Within 60 days of enactment of this Act NSF
shall provide a report and spend plan to the Committees on
Appropriations that details the proposed scope and
implementation methodology for this program.
Robert Noyce teacher scholarships.--The bill provides
$55,000,000 for the Robert Noyce Teacher Scholarship program.

[[Page 20259]]

Best practices in K-12 STEM education.--NSF has yet to
submit an interim or final report on the work of a panel of
experts on STEM education called for in the statement of
managers accompanying Public Law 111-117. NSF shall submit
this report expeditiously and distribute widely the findings
and recommendations of the report to U.S. educators.

agency operations and award management

The bill provides $319,190,000 for agency operations and
award management. NSF may use up to $2,000,000 within funds
provided to increase the Foundation's acquisition workforce.
Within 90 days of enactment of this Act, NSF shall provide
to the Committees on Appropriations a report detailing total
personnel costs, excluding costs for program travel and
travel support for reviewers, for operating the Foundation,
including rotators, IPAs, and support contractors. The report
shall detail the accounts and directorates within Research
and Related Activities that are the source of this funding.

office of the national science board

The bill provides $4,840,000 for the National Science
Board.

office of inspector general

The bill provides $14,700,000 for the Office of Inspector
General (OIG). Within 180 days of enactment of this Act, the
OIG shall develop a report analyzing NSF actions to improve
workforce management and work environment.

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

salaries and expenses

(including transfer of funds)

The bill provides $9,400,000 for the Commission on Civil
Rights.
Improving oversight.--Chronic financial and managerial
problems at the Commission have been allowed to continue for
too long without sufficient attention. In order to rectify
this situation, the bill establishes an Inspector General for
the Commission and provides that the post will be filled by
the individual holding the position of Inspector General at
the Equal Employment Opportunity Commission (EEOC). The IG is
tasked with the duties and responsibilities specified in the
Inspector General Act of 1978, to include the conduct of
audits and reviews of Commission programs, finances and
personnel. Funding for the operation of the Commission's OIG,
in the amount of $900,000, is provided by transfer to the
EEOC OIG.

Equal Employment Opportunity Commission

salaries and expenses

The bill provides $355,303,000 for EEOC Salaries and
Expenses.
Backlog reduction.--In order to advance EEOC toward its
backlog reduction goals, the bill supports an increase in
EEOC personnel, which shall be prioritized toward the hiring
of frontline staff that have the biggest impact on case
resolutions. To assist in the monitoring of EEOC's hiring
progress, EEOC is directed to continue submitting quarterly
staffing reports, consistent with the direction provided in
the statement accompanying P.L. 111-117.
Full service intake.--EEOC is currently reviewing and
considering the adoption of a National Full Service Intake
Model, which would create dedicated charge intake units in
each field office to handle the intake process from pre-
charge counseling through charge filing. EEOC is directed to
submit a report detailing its views on this model to the
Committees on Appropriations within 120 days of the enactment
of this Act.
Federal sector hearings.--EEOC is directed to submit a copy
of the updated Federal Sector hearing plan (adjusted for
stakeholder input) to the Committees on Appropriations prior
to the implementation of such plan.
Office of Inspector General (OIG).--The appropriating
paragraph for the Commission on Civil Rights establishes that
EEOC's Inspector General will simultaneously hold the post of
Inspector General of the Commission on Civil Rights. The
funds needed by the EEOC OIG to carry out this new
responsibility are provided by transfer directly from the
Commission on Civil Rights budget.

state and local assistance

The bill provides $30,000,000 for EEOC State and Local
Assistance.

International Trade Commission

The bill includes $87,000,000 for the International Trade
Commission (ITC) for fiscal year 2011.

Legal Services Corporation

payment to the legal services corporation

The bill provides $440,000,000 for the Legal Services
Corporation (LSC).
Governance and management.--Continuing reports of
governance and management issues at LSC undermine the
credibility of the organization and complicate efforts to
direct additional funds into legal aid, where they are
desperately needed. Progress has made been in completing
action on reform recommendations identified by GAO and the
LSC Inspector General, but some recommendations remain
outstanding and additional issues have been raised. The
timely resolution of these issues must be a priority of the
Corporation so that management and governance questions do
not continue to overshadow the good work being done by LSC
and its grantees.
Cost effectiveness studies.--LSC is directed to continue
its collaboration with DOJ to conduct a national level
economic study of the cost effectiveness of legal aid that
would expand on existing state models and establish more
broadly applicable results.
Private attorney involvement.--All LSC grantees are
required to take steps to incentivize private attorney
involvement in their programs, but these efforts are not
performing up to their potential. By making a more aggressive
push for pro bono private attorney services, grantees could
alleviate some pressure on their own budgets and increase the
number of clients served. LSC is urged to seek further action
from its grantees to improve private attorney participation.
Legal aid fellowships.--LSC is reportedly considering a
proposal to create a fellowship program for retirees or
recent law school graduates who will commit to working in
legal aid for a designated period of time. LSC is directed to
conduct a study of this proposal in order to further develop
how such a fellowship program would work and how much it
would cost to implement. LSC shall report to the Committees
on Appropriations with the results of that study no later
than 120 days after the enactment of this Act.

administrative provision--legal services corporation

Title V of the bill revises the LSC administrative
provision to permit the use of funds for the pursuit of class
action cases on behalf of individuals eligible for legal aid.
This revision will better enable LSC grantees to address
systemic problems, such as predatory lending and wrongful
eviction, in a more efficient manner by consolidating cases.
All other restrictions are unchanged.

Marine Mammal Commission

salaries and expenses

The bill includes $3,500,000 for the Marine Mammal
Commission (MMC). Within the funds provided, the MMC will be
able to establish an interagency task force to harmonize
environmental analyses without compromising the integrity of
the analytical results, which has the potential to save
millions of dollars every year; continue efforts to build
capacity for marine mammal research and conservation in
foreign and international waters; and respond to Deepwater
Horizon oil spill events, including conducting reviews of
lessons learned among the relevant agencies and governments,
assessment of the effects of the spill on marine mammals, and
monitoring and documenting recovery rates.

Office of the United States Trade Representative

The bill includes $48,000,000 for the Office of the U.S.
Trade Representative (USTR).
Office of Legislative Affairs.--USTR's Office of
Legislative Affairs has a responsibility to provide Congress
with information, including the timely submittal of fiscal
year budget justifications and the appropriate points of
contact, neither of which occurred during the fiscal year
2011 budget cycle.
Travel.--USTR is directed to submit a report detailing
travel expenditures of all senior staff on a monthly basis to
the Committees on Appropriations.
World Trade Organization (WTO).--USTR is directed to
continue to negotiate within the WTO, in consultation with
the Department of Commerce, to seek express recognition of
the existing right of WTO members to distribute monies
collected from antidumping and countervailing duties as they
deem appropriate. USTR shall consult with and provide regular
reports on the negotiations to the Committees on
Appropriations every 60 days upon enactment of this Act. The
agency is also directed to conduct negotiations within the
WTO consistent with the objectives of the Trade Act of 2002
(Public Law 107-210), maintain strong U.S. trade remedies
laws, prevent overreaching by WTO Panels and the WTO
Appellate Body, and prevent the creation of obligations to
which the United States has never agreed.

State Justice Institute

SALARIES AND EXPENSES

The bill provides $6,273,000 for the State Justice
Institute.

Commission on Wartime Relocation and Internment of Latin Americans of
Japanese Descent

SALARIES AND EXPENSES

The bill provides $1,700,000 for the Commission on Wartime
Relocation and Internment of Latin Americans of Japanese
Descent.

TITLE V

GENERAL PROVISIONS

Sections 501 through 511, sections 513 through 528, section
531, and sections 533 through 535 continue general provisions
without substantive change from previous years.
Section 512 delays the obligations of any receipts
deposited into the Crime Victims Fund in excess of
$820,000,000 until October 1, 2011. This language is
continued to ensure a stable source of funds will remain
available

[[Page 20260]]

for the program, despite inconsistent levels of criminal
fines deposited annually into the Fund.
Section 529 amends Public Law 104-134 to permit the use of
Legal Services Corporation funds for class action lawsuits on
behalf of individuals eligible for legal aid.
Section 530 provides for rescissions of unobligated
balances in certain departments and agencies funded in this
Act.
Section 532 prohibits the use of funds to pay the
attendance of more than 50 employees at any single conference
outside the United States, except for law enforcement
training and/or operational conferences for law enforcement
personnel when the majority of Federal employees in
attendance are law enforcement personnel stationed outside
the United States.
Section 536 requires agencies funded under the Act to
submit quarterly reports to their Inspector General or senior
ethics official regarding the costs and contracting
procedures relating to conferences for which the cost to the
Government is more than $20,000.
Section 537 requires the Department of Justice, the
Department of Commerce, the National Aeronautics and Space
Administration, and the National Science Foundation to submit
reports related to Federal agency clean energy sustainability
goals and targets.
Section 538 makes adjustments to prior year
congressionally-designated projects.
Section 539 authorizes the establishment of a Commission on
Wartime Relocation and Internment of Latin Americans of
Japanese Descent.
Section 540 requires the Legal Services Corporation to
comply with audits by the Government Accountability Office
and the Corporation's Inspector General.
Section 541 allows Federal Prison Industries (FPI) to
participate in the Prison Industries Enhancement
Certification program and allows FPI to carry out pilot
projects to produce items that are no longer produced in the
United States.
Section 542 authorizes the establishment of a National
Criminal Justice Commission.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.

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DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division C,
which makes appropriations for the Department of Defense for
fiscal year 2011. As provided in Section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and the
implementation of this division as if it were a joint
explanatory statement of a committee of conference.
The recommendation in the Department of Defense
Appropriations Act, 2011, incorporates some of the provisions
of the Senate-reported version of the bill (S. 3800). The
language and allocations set forth in Senate Report 111-295
should be complied with unless specifically addressed to the
contrary in the accompanying bill and explanatory statement.
Funding levels for appropriations by account, and
comparisons to last year's levels and the budget request, can
be found in the table at the end of this division.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177) as amended by
the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119) and by the
Budget Enforcement Act of 1990 (Public Law 101-508), the term
program, project, and activity for appropriations contained
in this Act shall be defined as the most specific level of
budget items identified in the Department of Defense
Appropriations Act, 2011, the related classified annexes and
explanatory statements, and the P-1 and R-1 budget
justification documents as subsequently modified by
congressional action. The following exception to the above
definition shall apply: for the military personnel and the
operation and maintenance accounts, for which the term
``program, project, and activity'' is defined as the
appropriations accounts contained in the Department of
Defense Appropriations Act.
At the time the President submits his budget for fiscal
year 2012, the Department of Defense is directed to transmit
to the congressional defense committees budget justification
documents to be known as the ``M-1'' and ``O-1'' which shall
identify, at the budget activity, activity group, and
subactivity group level, the amounts requested by the
President to be appropriated to the Department of Defense for
military personnel and operation and maintenance in any
budget request, or amended budget request, for fiscal year
2012.

CLASSIFIED ANNEX

Adjustments to classified programs are addressed in the
accompanying classified annex.

CONGRESSIONAL SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for purposes of the Base for Reprogramming (DD
Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
these materials.

REPROGRAMMING GUIDANCE

The Department of Defense is directed to continue following
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
fiscal year 2008 Department of Defense Appropriations bill
(H.R. 110-279). For operation and maintenance accounts, the
Department of Defense shall continue to follow the
reprogramming guidelines specified title II of this
statement. The dollar threshold for reprogramming funds shall
remain at $15,000,000 for operation and maintenance;
$20,000,000 for procurement; and $10,000,000 for research,
development, test and evaluation.
Also, the Under Secretary of Defense, Comptroller, is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles I, II, III
and IV of this Act. Reports for titles III and IV shall
comply with guidance specified in the statement of managers
accompanying the Department of Defense Appropriations Act,
2006. The Department shall continue to follow the limitation
that prior approval reprogrammings are set at either the
specified dollar threshold or 20 percent of the procurement
or research, development, test and evaluation line, whichever
is less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
an operation and maintenance (O-1), procurement (P-1) or a
research, development, test and evaluation (R-1) line exceed
the identified threshold, the Department of Defense must
submit a prior approval reprogramming to the congressional
defense committees. In addition, guidelines on the
application of prior approval reprogramming procedures for
congressional special interest items are established
elsewhere in this statement.

FUNDING INCREASES

The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.

ADMINISTRATIVE FEES

For contracts in the amount greater than the simplified
acquisition threshold, the Secretary of Defense may not
retain any fee or charge in excess of the actual cost (or
estimated cost if the actual cost is not known) of entering
into and administering the contract or other agreement under
which the order is filled. In no event may the administrative
fee or charge retained for such contracts exceed five percent
of the funds appropriated, unless approved by the service
acquisition executive concerned. Such approvals shall be
reported to the Committees on Appropriations of the House and
the Senate not later than 30 days after approval.

INNOVATIVE PROCUREMENT AND RESEARCH FUNDS

The recommendation includes an additional $60,000,000 for
innovative procurement efforts and $439,200,000 for
innovative research and development activities. A wide
variety of valuable equipment, services and good ideas that
can contribute to improving defense capabilities may never be
fielded or developed due to a lack of funding. The additional
funding provided in this Act is intended to capture some of
these items, with an emphasis on small business activities.
Within the research and development accounts it is directed
that not less than $128,000,000 ($32,000,000 for each
military department and Defense-Wide) shall be made available
only for Phase III Small Business Innovative Research (SBIR)
projects to transition ideas into projects that support
acquisition programs. In addition, not less than $40,000,000
of Defense-Wide funds shall be available only for unsolicited
proposals which will be unique in nature. Projects shall be
awarded based on an assessment of the benefits defined as
enhancing military capability, accelerating the delivery of
military capability, reducing the cost of weapons systems
either fielded or under development, or improving the quality
of life for service personnel. The maximum value of each
project awarded with this funding shall not exceed
$4,000,000. Projects may be awarded in connection with
equipment items, software and services consistent with the
criteria noted above.
Procurements shall be competitively awarded based on
current law and regulations. Procurements shall also be
awarded based on an assessment of the benefits defined as
enhancing military capability, accelerating the delivery of
military capability, reducing the cost of weapons systems or
improving the quality of life for service personnel.
It is directed that the overall guidance for the execution
of this funding shall be established by the Under Secretary
of Defense (Acquisition Technology & Logistics) (USD (AT&L)).
Funds available to the military departments shall be
administered by the military departments' civilian
acquisition executives. Funds available for Defense-Wide
activities, including unsolicited proposals, shall be
administered by the USD (AT&L). Included in the funding
allocated to the USD (AT&L) is $3,200,000 for the management
and administration of the program.
The USD (AT&L) shall provide a report to the congressional
defense committees not later than 30 days after enactment of
this Act that provides a detailed description of overarching
guidance for these initiative funds. The military
departments' civilian acquisition executives and the USD
(AT&L) shall also provide a report to the congressional
defense committees not later than 90 days after enactment of
this Act, and at the close of each quarter of the fiscal year
thereafter, listing the projects that have been awarded with
this funding, separately listing the projects, procurements
for small businesses and unsolicited proposals. These reports
shall also indicate the criteria used to award projects and
procurements to include the expected benefits as noted above,
and the estimated savings, if any, that the projects and
procurements may generate.

TITLE I--MILITARY PERSONNEL

For Military Personnel, funds are to be available for
fiscal year 2011, as follows:

[in thousands of dollars]:

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TITLE II--OPERATION AND MAINTENANCE

For Operation and Maintenance, funds are to be available
for fiscal year 2011, as follows:

[in thousands of dollars]:

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OPERATION AND MAINTENANCE REPROGRAMMINGS

The Secretary of Defense is directed to submit the Base for
Reprogramming (DD 1414) for each of the fiscal year 2011
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Committees on Appropriations.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities in excess of $15,000,000. In addition, the
Secretary of Defense shall follow prior approval
reprogramming procedures for transfers in excess of
$15,000,000 out of the following budget subactivities:
Army:
Maneuver Units
Modular Support Brigades
Land Forces Operations Support
Force Readiness Operations Support
Land Forces Depot Maintenance
Base Operations Support
Facilities Sustainment, Repair and Modernization
Navy:
Aircraft Depot Maintenance
Ship Depot Maintenance
Facilities Sustainment, Repair and Modernization
Marine Corps:
Depot Maintenance
Facilities Sustainment, Repair and Modernization
Air Force:
Operating Forces Depot Maintenance
Mobilization Depot Maintenance
Training and Recruiting Depot Maintenance
Administration and Servicewide Depot Maintenance
Primary Combat Forces
Combat Enhancement Forces
Combat Communications
Facilities Sustainment, Repair and Modernization
Finally, the Secretary of Defense shall follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 into the following budget subactivity:
Operation and Maintenance, Army National Guard:
Other Personnel Support/Recruiting and Advertising
With respect to Operation and Maintenance, Defense-Wide,
proposed transfers of funds to or from the levels specified
for defense agencies in excess of $l5,000,000 shall be
subject to prior approval reprogramming procedures.

OPERATION AND MAINTENANCE BUDGET EXECUTION DATA

The Secretary of Defense is directed to continue to provide
the congressional defense committees with quarterly budget
execution data. Such data should be provided not later than
45 days after the end of each quarter for the fiscal year,
and should be provided for each O-1 budget activity, activity
group and subactivity group for each of the active, defense-
wide, reserve and National Guard components. For each O-1
budget activity, activity group and subactivity group, these
reports should include the budget request and actual
obligation amount; the distribution of unallocated
congressional adjustments to the budget request; all
adjustments made by the Department in establishing the Base
for Reprogramming (DD Form 1414) report; all adjustments
resulting from below threshold reprogrammings and all
adjustments resulting from prior approval reprogramming
requests.

CIVILIAN PERSONNEL PAY RATES

The budget request included discrepancies between the
services in the price growth budgeted for civilian personnel
pay. The Office of the Under Secretary of Defense
(Comptroller) is directed to ensure consistency across the
Department for civilian personnel pay rates in future budget
submissions.

INFORMATION OPERATIONS

The recommendation includes reductions to certain
information operation programs. Due to the classification of
these activities, a table is included in the classified annex
of the statement indicating the programs to which adjustments
have been made. In addition, the Under Secretary of Defense
(Comptroller) shall continue to submit a strategic
communications and information operations programs report to
the congressional defense committees not later than 30 days
after the submission of the President's annual budget request
to Congress. The report shall include supplemental budget
justification materials for strategic communication programs
to include information operations, military information
support operations and influence activities of the Department
of Defense for which base budget, supplemental or overseas
contingency operations funds have been appropriated or
requested over the fiscal year 2010 through 2012 period,
including: program strategies, target audiences, goals, and
measures of effectiveness; budget exhibits at the
appropriations account and subactivity level; spend plans
(including positions and other direct costs associated with
the activity); and production and dissemination mechanisms
and locations. The report shall identify any current or prior
year funds provided that have been obligated or expended for
activities other than those for which the funding was
requested, or transferred either above or below the
reprogramming threshold notification requirements and the
purposes for which the funds were otherwise used. Finally,
the report shall include an annex to explain and support
classified information.

MARITIME SECURITY EXERCISE

The Secretary of the Navy is directed to develop and
conduct a tabletop exercise to identify specific gaps in
surveillance procedures, information collection and sharing
and predictive capability concerning terrorist-related
overseas movements of weapons of mass destruction components
through international waters. This analytical exercise should
utilize the Naval Postgraduate School or a similar government
academic organization with substantial ties to the Department
of the Navy and background in both maritime security and
national security matters. This exercise is to be limited and
targeted to determine where vulnerabilities lie in our
nation's overall maritime security posture.

ENERGY SECURITY

The Secretary of Defense is to be commended for
collaborative pilot projects that demonstrate a systems-level
approach to energy security. The intent of these projects
include such things as improvements to energy self-
sufficiency, reduction of greenhouse gas emissions, and
increased use of renewable energy sources. Some joint bases
have been found to be well situated to conduct these projects
which provide the foundation to replicate the energy security
efforts at other Department of Defense installations, and
therefore $20,000,000 is provided for these Energy Security
Pilot Projects. The fast track projects shall put these
installations on a path to energy security within 18 months.
Over the long term, the Department can use the fast-track
pilot programs' foundational data, tools and process models
to develop and implement a multiyear plan to achieve energy
security at all Department of Defense installations. The
Secretary of Defense is directed to provide an implementation
plan to the congressional defense committees not later than
30 days after enactment of this Act, an initial status report
of the pilot programs not later than March 15, 2011 and a
comprehensive multiyear Energy Security Program plan not
later than September 30, 2011.

MILITARY TIRES

To preserve a competitive and vigorous industrial base for
military tires, the Director of the Defense Logistics Agency
(DLA) is directed to: request that all contractors involved
in any way with the Tire Procurement Initiative (TPI) provide
DLA with any competitive tire pricing information they have
received in connection with their performance of the TPI
contract; make this information known to all interested
contractors; report to the congressional defense committees
not later than 45 days after enactment of this Act whether
the requested information was provided; and, if the requested
information was not provided, include in that report a plan
for ensuring that real or perceived conflicts of interest
related to the possession of this information does not
undermine the integrity of future tire contracts.

MULTINATIONAL INFORMATION SHARING PROGRAMS

The Secretary of Defense is directed to provide a report to
the congressional defense committees not later than 90 days
after the enactment of this Act to include the following: a
list of every program funded by the Department whose
objective is to facilitate the secure exchange of electronic
information between the United States and its partners and
allies; the amount of funding provided to these programs in
fiscal year 2010 and requested in fiscal year 2011; a plan
for consolidating these programs into one program that can be
used throughout the entire Department for the stated
objective; and an explanation, if necessary, of why multiple
information sharing systems are necessary and financially
justified.

OUTSIDE LEGAL DEFENSE EXPENSES

The Secretary of Defense, in coordination with the Attorney
General of the United States, is directed to provide a report
to the congressional defense committees on the financial,
legal, or other impacts of each of the following: amending
public law to specifically make military personal eligible
for reimbursement of legal bills when they successfully
defend themselves against charges of abusing detainees;
providing servicemembers Professional Liability Insurance to
cover legal fees, similar to the insurance that is available
to other Federal employees; and reimbursing the $1,000,000
that the Congressional Budget Office estimates U.S.
servicemembers have already had to pay for their own defense
against these types of charges for which later, the charges
were dismissed or the servicemember acquitted since September
11, 2001. The Secretary is directed

[[Page 20316]]

to provide this report not later than 180 days after
enactment of this Act.

JOINT ADVERTISING, MARKET RESEARCH AND STUDIES

The recommendation includes $7,972,000 for the Joint
Advertising, Market Research and Studies (JAMRS) Program
under the Defense Human Resources Activity. The funding is
directed to be used for the costs associated with maintaining
the JAMRS Recruiting Database and the remainder to be used
for market research and studies only related to recruiting
medical health professionals.

readiness and environmental protection initiative

The Readiness and Environmental Protection Initiative
(REPI) program has contributed significantly to relieving
encroachment pressures at military installations across the
nation. Many military installations either include lands that
serve as critical habitat for species or find that community
development on adjacent land threatens to impinge on
operations. In order to expand the impact of the REPI
program, the recommendation includes $60,186,000 above the
amount requested in the budget. In allocating funds
appropriated for the REPI program, the Department is directed
to consider proposals for acquiring property and easements to
preserve Clear Zone areas, Accident Potential Zones, firing
ranges, maneuver areas, and airfields on the same basis as
all other proposals.

youth mentoring program

The recommendation provides $20,000,000 for Youth Mentoring
programs. The Department of Defense is directed to allocate
this funding on a competitive basis to activities that are in
close proximity to Department of Defense installations.

TITLE III--PROCUREMENT

For Procurement, funds are to be available for fiscal year
2011, as follows:

[in thousands of dollars]:

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acquisition categories

Category I (ACAT I) Major Defense Acquisition Programs
(MDAPs) are the high-cost and special interest programs for
which the Under Secretary of Defense (Acquisition, Technology
and Logistics) (USD (AT&L)) retains decision authority and
conducts more extensive senior-level management reviews.
Programs are identified as ACAT I based on their estimated
total costs in constant fiscal year 2000 dollars or as
designated by the USD (AT&L). Programs costing more than
$365,000,000 in research, development, test and evaluation or
more than $2,190,000,000 in procurement are automatically
considered ACAT I. However, a number of expensive and
critical programs, such as the F-22 Raptor and C-17
Globemaster, are falling outside the ACAT I process despite
their very high modernization costs. The current criteria for
senior level review fail to capture some programs most
deserving of that review.
The USD (AT&L) is directed to review the standards used to
identify the various acquisition categories and provide a
report detailing the steps taken to ensure that programs such
as the F-22 and C-17 receive the oversight required of large
programs. The report is due to the congressional defense
committees not later than 180 days after enactment of this
Act.

m4 carbine

Industry offers a wide array of commercially available
upgrades to improve the reliability, lethality and accuracy
of the M4 carbine. However, Army efforts to procure upgrades
have not drawn fully on industry's capabilities. Therefore,
the Secretary of the Army is directed to ensure that full and
open competition maximizing the participation of industry is
used in finding vendors for M4 carbine upgrades.

high mobility multi-purpose wheeled vehicle

Fiscal year 2011 funding of $989,067,000, the President's
request, is recommended for High Mobility Multi-Purpose
Wheeled Vehicles (HMMWV), with all funding intended for
recapitalization of old HMMWVs and no funding for procurement
of new HMMWVs. The Army has been slow to execute fiscal year
2010 funds that were appropriated by Congress as requested by
the Army for the procurement of new HMMWVs. The Secretary of
the Army is directed to act promptly to obligate the funds
appropriated for the procurement of new production HMMWVs in
the Department of Defense Appropriations Act, 2010.

bradley fighting vehicle

The Congress has been a strong supporter of the Bradley
program. It is noted that not all Army National Guard Bradley
Fighting Vehicles have been upgraded to a minimum of the
Operation Desert Storm Situational Awareness configuration.
The Army is expected to use prior year funds to upgrade
remaining M2/M3 variants in the Army National Guard.

high mobility engineer excavator

In 2007, the Army successfully fielded a high speed,
armored, self-deployable excavation system with attachments
to execute a wide range of mobility, counter-mobility,
survivability, and general engineering missions. It also
satisfies specific transportability requirements allowing it
to be used by airborne, air assault and light units. Since
its fielding, the Army has employed this excavator with great
success, especially with regard to route and mine clearing as
it provides vastly improved force protection and soldier
survivability for engineers performing mine and improvised
explosive device clearing missions. The Marine Corps is
reviewing the performance of this excavator and is
considering adding it to their requirements documents. The
Corps is encouraged to procure this machine and to include
funding in future Marine Corps budget requests.

evolved expendable launch vehicle pricing

The Secretary of Defense, in consultation with the Director
of the National Reconnaissance Office, is directed to analyze
the pricing strategies for Evolved Expendable Launch Vehicle
(EELV) Launch Services (ELS) that will support both United
Launch Alliance and Tier 2 and 3 supplier stability and
encourage broader demand for ELS capabilities. This analysis
should stress recovery of the marginal costs of the booster
alone rather than the fully allocated costs of the EELV
Launch Capability contract. The results of this analysis
shall be reported to the congressional defense and
intelligence committees not later than 90 days after
enactment of this Act.

special operations command unfunded requirements

The recommendation includes additional funding to address
critical capability shortfalls in procurement and research
and development for which a requirement has been identified
by Special Operations Command (SOCOM) and funding was not
included in the fiscal year 2011 budget submission. These
program increases are provided in several lines in
``Procurement, Defense-Wide'', and ``Research, Development,
Test and Evaluation, Defense-Wide''. This funding should be
executed in support of the prioritized unfunded requirements
SOCOM has identified and/or submitted to the congressional
defense committees. In this regard, funding is provided for
the tactical vehicle unfunded requirement identified by Air
Force Special Operations Command (AFSOC).

printed circuit board industrial base

The shift in the Department towards commercial off-the-
shelf electronics has caused an increased dependence on off-
shore circuit boards and a decline in the Nation's printed
circuit board industrial base, possibly compromising our
Nation's security. Therefore, the Secretary of Defense is
directed to conduct an assessment of the domestic circuit
board industry and its associated supply chain. This
assessment should include a survey of the current capability
and capacity of, along with the associated risks to, the
domestic printed circuit board industrial base, a forecast of
the long term maintenance requirements of the industrial base
and an evaluation of the supply base required to ensure that
current and future national security requirements can be
satisfied domestically. The results of this assessment shall
be reported to the congressional defense committees not later
than six months after enactment of this Act.

c-17a globemaster iii

No funds are provided in the bill to acquire additional C-
17 airlifter aircraft. Funding provided for C-17 Post
Production Support is to protect needed production
capabilities, assets, systems and processes for the continued
life cycle support of the C-17. The C-17 is not to be used as
a source for reprogrammings. The Department is directed to
retain appropriated funds in the program.

joint surveillance target attack radar system (jstars) re-engining

While no funds are provided specifically for the re-
engining effort in the fiscal year 2011 bill, there is
substantial unobligated funding available from prior fiscal
year appropriations within the JSTARS program. The Air Force
may, as needed, use those funds to procure engine ship-sets.

TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

For Research, Development, Test and Evaluation, funds are
to be available for fiscal year 2011, as follows:

[in thousands of dollars]:

[[Page 20341]]

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SOFTWARE DEVELOPMENT COST ESTIMATION

The Secretary of Defense is directed to provide the
congressional defense committees a report, not later than 90
days after enactment of this Act, on its analysis identifying
the common attributes of successful software intensive
programs. The report should include the required metrics,
data, and resources that are needed and used to better
estimate and baseline future Department of Defense software
program developments.

CONTRACT MANAGEMENT SERVICES PILOT PROGRAM

The Department of Defense has recently started a pilot
program, in conjunction with the Ability One Services
program, in which wounded veterans are trained and employed
to conduct contract closeout activities. Thus far, in the
infancy of the effort, millions of dollars have been recouped
and over 1,500 contracts have been closed out with no re-work
required. The program could reasonably achieve a ratio of
10:1 return on investment. The recommendation provides an
additional $12,000,000 in the ``Research, Development, Test
and Evaluation, Defense-Wide'' appropriation to expand this
pilot program. The Director of Defense Procurement and
Acquisition Policy shall be responsible for the management of
this pilot program and shall provide a quarterly report to
the congressional defense committees on the progress of the
pilot program.

BIOMETRICS

Due to concern that the fiscal year 2011 request for
biometrics funded duplicative efforts, the recommendation
decreases biometrics funding by $12,000,000. To ensure the
program benefits from information technology best practices,
the Secretary of the Army shall submit a report not later
than 90 days after enactment of this Act which details: how
biometric data will interface with and leverage the Army's
Digital Common Ground System's cloud architecture that allows
for real-time updates, device agnostic tactical nodes, and
existing cross domain security capabilities that handle U.S.
persons data; how the next generation biometric database
configuration incorporates the lessons learned from earlier
large intelligence database software license acquisitions;
and how military intelligence program funding and non-
military intelligence program funding will be determined for
biometric programs going forward.

EXPEDITIONARY FIGHTING VEHICLE

A total of $222,265,000 is provided for the Expeditionary
Fighting Vehicle, including $145,265,000 for termination
liability. Funds designated for termination liability may be
released for use in system development and demonstration
activities upon certification by the Secretary of Defense to
the congressional defense committees that testing on
prototype vehicles has demonstrated sufficient confidence to
meet program requirements.

BONE MARROW REGISTRY

The recommendation includes $31,500,000 for the Department
of the Navy, to be administered by the C.W. ``Bill'' Young
Marrow Donor Recruitment and Research Program, also known as
and referred to within the Naval Medical Research Center as
the Bone Marrow Registry. Funds appropriated for the C.W.
``Bill'' Young Marrow Donor Recruitment and Research Program
shall remain available only for the purposes for which they
were appropriated, and may only be obligated for the C.W.
``Bill'' Young Marrow Program. Further, the agencies involved
in contingency planning are encouraged to continue to include
the C.W. ``Bill'' Young Marrow Donor Recruitment and Research
Program in the development and testing of their contingency
plans. The Base for Reprogramming (DD Form 1414) shall show
this as a congressional special interest item. The Department
is further directed to release all the funds appropriated for
this purpose to the C.W. ``Bill'' Young Marrow Donor
Recruitment and Research Program not later than 60 days after
enactment of this Act.

COMMON DATA LINKS

The Secretary of the Air Force is directed to research,
define and test a government specified interface that ensures
open access to configuration commands between the host
platform and common data links (CDL). Once defined, the Air
Force should include this interface into the existing CDL
family of specifications for new CDL terminal procurement
contract awards. Recognizing the benefits of multiple vendors
supplying competitive offerings for this vital communication
service, the Secretary of Defense is encouraged to ensure
that all Department of Defense platforms employing CDL shall
adopt the Air Force defined CDL interface and that multiple
vendor participation occurs in the further development of CDL
family of specifications.

BEST INDUSTRIAL PROCESSES FOR DEPARTMENT OF DEFENSE DEPOTS

The recommendation includes $8,000,000 to be used for the
analysis of emerging technologies and best industrial
processes for insertion into the Department of Defense
maintenance depots. The funding will help the Department
identify technological gaps, perform return on investment
analyses and conduct procurement studies based on business
case analyses studies.

GROUND MOVING TARGET INDICATION (GMTI) RADAR DEVELOPMENT

The recommendation provides $12,000,000 for Ground Moving
Target Indication (GMTI) Radar Development to conduct studies
and analysis on candidate GMTI radar technologies which could
lead to the development of platform-independent prototypes to
demonstrate critical technical parameters (range, minimum
detectable velocity and target location error) to support
initial integration with air vehicles such as the E8 Joint
Surveillance Attack Radar System, the Navy's P8A Multi-
mission Maritime Aircraft, RQ4 Global Hawk or others. The
Secretary of the Air Force is directed to provide an
execution plan for these funds not later than 60 days after
enactment of this Act to the Committees on Appropriations of
the House and the Senate. Subsequent updates shall be
provided at the beginning of the first and third quarter of
each fiscal year until all funds are obligated and expended.

DEFENSE ADVANCED RESEARCH PROJECTS AGENCY (DARPA)

The Director of DARPA is directed to provide to the
congressional defense committees, not later than 60 days
after enactment of this Act, a report detailing by program
element and project the application of undistributed
reductions.

CHEMICAL TESTING ON ANIMALS

The Secretary of the Defense is directed to report to the
congressional defense committees, not later than 90 days
after enactment of this Act, on the impact of reducing or
restricting funds provided for the purchase of animals for
the purposes of demonstrating the effects of chemical agents
on the animals.

Title V--Revolving and Management Funds

For Revolving and Management Funds, funds are to be
available for fiscal year 2011, as follows:

[in thousands of dollars]:

[[Page 20374]]

[[Page 20375]]

TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

For Other Department of Defense Programs, funds are to be
available for fiscal year 2011, as follows:

[in thousands of dollars]:

[[Page 20376]]

[[Page 20377]]

[[Page 20378]]

DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES

The recommendation designates the funding for the Direct
Care System as a congressional special interest item, as
defined elsewhere in this statement. The Assistant Secretary
of Defense (Health Affairs) is also directed to provide
quarterly reports to the Committees on Appropriations of the
House and the Senate on budget execution data for all of the
Defense Health Program accounts and to adequately reflect
changes to the budget activities requested by the Services in
future budget submissions.

CARRYOVER

The Assistant Secretary of Defense (Health Affairs) is
directed to submit a detailed spending plan for any fiscal
year 2010 designated carryover funds to the congressional
defense committees not later than 15 days prior to executing
the carryover funds.

PRIVATE SECTOR CARE SHORTFALL

The recommendation reduces the Private Sector Care budget
activity group by $236,000,000 as a result of pharmaceutical
rebates being realized and the Military Health System
adjusting to more normalized rates, creating excess funds.
The Assistant Secretary of Defense (Health Affairs) is
directed to report to the congressional defense committees
not later than 60 days after enactment of this Act on the
status of additional rebates that have been collected.

PEER-REVIEWED CANCER RESEARCH PROGRAM

The recommendation provides $16,000,000 for a peer-reviewed
cancer research program. The Department of Defense is
directed to provide a report not later than 60 days after
enactment of this Act to the congressional defense committees
on the status of the peer-reviewed cancer research programs.
The funds provided are directed to be used to conduct
research in the following areas: melanoma and other skin
cancers, pediatric and childhood cancer research, genetic
cancer research, pancreatic cancer, kidney cancer, blood
cancer, colorectal cancer, mesothelioma, radiation protection
utilizing nanotechnology, and Listeria Vaccine for infectious
disease and cancer. The funds provided under the Peer-
Reviewed Cancer Research Program shall be used only for the
purposes listed above.

PEER-REVIEWED MEDICAL RESEARCH PROGRAM

The recommendation provides $50,000,000 for a Peer-Reviewed
Medical Research Program and the Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit
and direct relevance to military health. Research areas
considered under this funding are restricted to: chronic
fatigue syndrome, chronic migraine and post-traumatic
headache, drug abuse, epidermolysis bullosa, epilepsy,
fragile x syndrome, inflammatory bowel disease, interstitial
cystitis, lupus, neuroblastoma, osteoporosis and related bone
disease, Paget's disease, pancreatitis, pheochromocytoma,
polycystic kidney disease, post-traumatic osteoarthritis,
scleroderma, social work research, and tinnitus. The
additional funding provided under the Peer-Reviewed Medical
Research Program shall be devoted only to the purposes listed
above.

DEPARTMENT OF DEFENSE PHARMACY DATA TRANSACTION SERVICE

According to Army reports, the prescription of pain
management medications is handled inconsistently at military
medical facilities, particularly in theater, where
prescription data is not transmitted to the Department of
Defense's Pharmacy Data Transaction Service. The Assistant
Secretary of Defense (Health Affairs) is directed to provide
a report to the congressional defense committees on the
obstacles and steps toward such transmission not later than
60 days after enactment of this Act.

JOINT PATHOLOGY CENTER AND NATIONAL TISSUE REPOSITORY

The Joint Pathology Center (JPC) was established in
accordance with Section 722 of the National Defense
Authorization Act, 2008. Given the importance of the JPC and
its assigned mission in medical research, education,
consultation and management of the National Tissue
Repository, the Assistant Secretary of Defense (Health
Affairs) is directed to include funding for the JPC in the
upcoming fiscal year 2012 budget request.

SMOKING CESSATION IN THE MILITARY

There are significant burdens caused by tobacco use in the
United States military including its impact on readiness and
productivity. The Department of Defense shall continue
implementing the recommendations outlined in the Institute of
Medicine report Combating Tobacco Use in Military and
Veterans Populations.''

TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL HEALTH

The Secretary of Defense is directed to report to the
congressional defense committees not later than 60 days after
enactment of this Act on the availability of appropriate and
accessible counseling to servicemembers and their families
who live in locations that are not close to military
treatment facilities, other Military Health System health
facilities or TRICARE providers. Initiatives, such as
telehealth, clinical standards supporting TBI and
psychological health, and training and education outreach
should also be included.

CENTERS OF EXCELLENCE AT WALTER REED ARMY MEDICAL CENTER (WRAMC)/WALTER
REED NATIONAL MILITARY MEDICAL CENTER (WRNMMC)

The recommendation includes the budget request for the
following Centers of Excellence at the current Walter Reed
Army Medical Center: Breast Care, Gynecologic, Prostate, Pain
and Neuroscience, and Integrated Cardiac Health (Wellness).
The Secretary of Defense is directed to include full funding
for the Centers of Excellence at WRAMC and WRNMMC in the
fiscal year 2012 budget submission as these centers are the
forefront in the advancement of modern medical care.

TITLE VII--RELATED AGENCIES

CLASSIFIED ANNEX

Adjustments to the classified programs are addressed in a
separate detailed and comprehensive classified annex. The
Intelligence Community, Department of Defense and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2011.

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

For the Central Intelligence Agency Retirement and
Disability System Fund, $292,000,000 is provided for fiscal
year 2011.

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For the Intelligence Community Management Account,
$649,732,000 is provided for fiscal year 2011.

INTELLIGENCE COMMUNITY BUSINESS TRANSFORMATION

To meet the statutory requirement of achieving an
unqualified National Intelligence Program financial audit by
September 30, 2013, a business transformation transfer fund
has been created for the Director of the Business
Transformation Office and the designated functional lead
intelligence element to identify to the congressional
intelligence committees and the Office of Management and
Budget which of the following intelligence elements; the
National Geospatial-Intelligence Agency, the National
Security Agency, the Central Intelligence Agency, the
National Reconnaissance Office, and the Defense Intelligence
Agency, will take the lead for the following business areas:
Acquire-to Retire, Budget-to-Report, Procure-to-Pay, Hire-to-
Retire, Data Center Infrastructure and Data Security. The
lead intelligence element will select the single business
system for each functional area by April 15, 2011, and lead
the implementation and business process standardization of
that specific business area for the other four Intelligence
elements and the Office of the Director of National
Intelligence. There are two general provisions in Title VIII
of this Division that provide the authority for the lead
element to leverage the existing business system program of
record funds and to expend the transfer fund dollars under
the policy direction and architectural guidance of the
Director of the Business Transformation Office. Not later
than 15 days prior to making such transfers, the Director of
National Intelligence shall submit a report on such transfers
to the congressional intelligence committees.

TITLE VIII GENERAL PROVISIONS

The recommendation includes general provisions which
address requests by the Administration for various
authorities, the continuation or modification of provisions
carried in Acts from previous years, or new matters of
specific concern. The bill also includes rescissions to prior
year appropriations, as detailed in the table below.

(Rescissions)

Language is included that rescinds $1,113,536,000 from the
following programs:
2009 Appropriations:
Weapons and Tracked Combat Vehicles, Army:
Future Combat Systems...................................$86,300,000
Other Procurement, Army:
Armored Security Vehicles................................55,000,000
Force XXII Battle Command Brigade and Below..............30,600,000
Semi-trailers, Flatbed...................................62,000,000
Aircraft Procurement, Navy:
KC-130J..................................................12,000,000
F/A-18E/F................................................14,100,000
Aircraft Procurement, Air Force:
Global Hawk excess funds.................................49,000,000
C-130 AMP................................................31,900,000
HC/MC updated pricing....................................36,000,000
2010 Appropriations:
Aircraft Procurement, Army:
Tactical SIGINT Payload..................................14,000,000
Weapons and Tracked Combat Vehicles, Army:
Future Combat Systems spin-outs..........................19,600,000

[[Page 20379]]

Improved Recovery Vehicle.................................8,700,000
MK-19 Grenade Machine Gun Modifications...................7,700,000
Missile Procurement, Army:
GMLRS.....................................................9,171,000
Aircraft Procurement, Navy:
EA-18G MYP savings.......................................89,120,000
F/A-18E/F MYP savings....................................72,727,000
F-18 Series ECO..........................................17,000,000
E-6 Series................................................6,000,000
Procurement of Ammunition, Navy and Marine Corps:
General Purpose Bombs....................................11,576,000
Shipbuilding and Conversion, Navy:
DDG-51main reduction gear savings........................22,000,000
Other Procurement, Navy:
Minesweeping System Replacement...........................5,400,000
Aircraft Launch Recovery..................................3,642,000
Aircraft Procurement, Air Force:
B-2A......................................................5,900,000
B-52.....................................................39,300,000
C-17 Modifications.......................................12,200,000
C-130J updated pricing....................................7,000,000
C-130 AP updated pricing.................................15,100,000
HC/MC-130 AP.............................................46,900,000
HC/MC-130 updated pricing................................13,200,000
Initial Spares--Joint Stars Re-engining..................11,700,000
Other Procurement, Air Force:
FAB-T....................................................36,600,000
Research, Development, Test and Evaluation, Army:
Aircraft Avionics--JTRS AMF..............................10,200,000
HFDS.....................................................15,000,000
Future Combat System--Class IV UAV Program of Record.....12,000,000
TUAV-TSP.................................................16,300,000
Research, Development, Test and Evaluation, Air Force:
B-2......................................................90,000,000
Classified Program.......................................10,000,000
Alternative Fuels........................................10,000,000
Small Diameter Bomb......................................22,000,000
Engine CIP...............................................15,000,000
JSTARS...................................................14,600,000
RQ-4 UAV.................................................18,000,000
C-5 Airlift Squadrons....................................19,000,000
Research, Development, Test and Evaluation, Defense-Wide:
BMD Hercules.............................................10,000,000

TITLE IX--OVERSEAS CONTINGENCY OPERATIONS

REPORTING REQUIREMENTS

The Secretary of Defense is directed to provide a report to
the congressional defense committees not later than 30 days
after enactment of this Act on the allocation of the funds
within the accounts listed in this title. The Secretary shall
submit updated reports 30 days after the end of each fiscal
quarter until funds listed in this title are no longer
available for obligation. These reports shall include: a
detailed accounting of obligations and expenditures of
appropriations provided in this title by program and
subactivity group for the continuation of military operations
in Iraq and Afghanistan and a listing of equipment procured
using funds provided in this title. It is expected that, in
order to meet unanticipated requirements, the Secretary of
Defense may need to transfer funds within these
appropriations accounts for purposes other than those
specified in this report. The Secretary of Defense is
directed to follow normal prior approval reprogramming
procedures should it be necessary to transfer funding between
different appropriations accounts in this title.
Additionally, the Secretary of Defense is directed to
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 required
by Department of Defense Financial Management Regulation,
Chapter 23, Volume 12. Further, the Secretary of Defense is
directed to continue to provide the Cost of War Reports to
the congressional defense committees that include the
following information by appropriation: funding appropriated,
funding allocated, monthly obligations, monthly
disbursements, cumulative fiscal year obligations, and
cumulative fiscal year disbursements.

MILITARY PERSONNEL

For Military Personnel, funds are to be available for fiscal
year 2011, as follows:

[in thousands of dollars]:

[[Page 20380]]

[[Page 20381]]

[[Page 20382]]

[[Page 20383]]

[[Page 20384]]

OPERATION AND MAINTENANCE

For Operation and Maintenance, funds are to be available
for fiscal year 2011, as follows:

[In thousands of dollars]:

[[Page 20385]]

[[Page 20386]]

[[Page 20387]]

[[Page 20388]]

[[Page 20389]]

AFGHANISTAN INFRASTRUCTURE FUND

At the request of the Secretary of Defense and the
Secretary of State, the recommendation includes a new
appropriation to fund infrastructure projects in Afghanistan.
These projects will be jointly formulated by the Department
of Defense and the Department of State and will be executed
in support of the counterinsurgency strategy in Afghanistan.
The Secretary of Defense is directed to notify the
appropriate committees of Congress not fewer than 15 days
prior to making transfers or obligations to or from this
Fund.

AFGHANISTAN SECURITY FORCES FUND

The Secretary of Defense is directed to follow guidance
included in Senate Report 111-295 regarding the oversight of
the Afghanistan Security Forces Fund (ASFF) and contracts,
except for the following changes. The ASFF Executive Council
shall include representatives from the Under Secretary of
Defense (Comptroller); Under Secretary of Defense
(Acquisition, Technology, and Logistics); the senior
contracting executives of the Defense Logistics Agency and
relevant military departments; Commander, Central Command;
Commander, NTM-A/CSTC-A; Director, Defense Security
Cooperation Agency; Director, Defense Contract Audit Agency
(DCAA); and Director, Defense Contract Management Agency
(DCMA) and shall meet on a quarterly basis at a minimum. The
Council shall ensure the development of an acquisition
strategy to fulfill the commander's needs and clearly
articulate contract requirements. Appropriate procedures and
personnel shall be in place in CONUS and Afghanistan for
sound financial stewardship of the ASFF to include following
all required federal regulations, oversight of all service
and equipment contracts, and review of contractor invoices.
DCMA and DCAA are responsible for pre and post-award peer
reviews for large contracts and the Council shall ensure the
distribution of peer-review lessons learned. In addition to
the responsibilities outlined above, the Steering Council
should encourage building the capacity of Afghans to perform
contracting, accounting and payroll functions that are
currently being performed by Department of Defense and
contract personnel.

TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN AFGHANISTAN

Temporary authority has been included for the Task Force
for Business and Stability Operations in Afghanistan only for
fiscal year 2011 to assist the International Security
Assistance Force and the U.S. Embassy, Kabul in developing
economic stability and opportunity in Afghanistan through
strategic business and economic projects. Those efforts must
be jointly coordinated and approved by the U.S. military and
civilian leadership in Afghanistan, and be directly linked to
the Government of Afghanistan's economic development
strategy. Projects may only be carried out subject to the
direction and oversight of the Secretary of Defense and with
the concurrence of the Secretary of State.
This authority has been granted in order to avoid
disrupting projects currently underway that are viewed by the
leadership of both U.S. Forces--Afghanistan and U.S. Embassy,
Kabul as important to achieving U.S. objectives in
Afghanistan. These projects clearly fall outside the normal
jurisdiction and expertise of the Department of Defense and
should have been developed and resourced by the Afghan
government or U.S. civilian entities operating in
Afghanistan. If it is required to continue these projects and
efforts beyond fiscal year 2011 then the Department of
Defense, in coordination with the Department of State and the
U.S. Agency for International Development must develop and
implement a transition plan to the respective civilian
entities for fiscal year 2012 and beyond. This transition
plan shall be delivered to the Congress concurrent with the
President's fiscal year 2012 budget submission.

INFORMATION OPERATIONS

The Overseas Contingency Operations budget request includes
$61,000,000 for information operations programs in Iraq. The
recommendation fully funds the request. However, it is
directed that not more than $31,000,000 of the funds provided
may be expended by the Department of Defense until 15 days
after the Undersecretary of Defense (Comptroller) submits a
report to both the Committees on Appropriations of the House
and the Senate which details in writing a formal spending
plan for all fiscal year 2011 funding provided for this
purpose.

PROCUREMENT

For Procurement, funds are to be available for fiscal year
2011, as follows:

[In thousands of dollars]:

[[Page 20390]]

[[Page 20391]]

[[Page 20392]]

[[Page 20393]]

[[Page 20394]]

[[Page 20395]]

[[Page 20396]]

[[Page 20397]]

[[Page 20398]]

MINE RESISTANT AMBUSH PROTECTED (MRAP) AND MINE RESISTANT AMBUSH
PROTECTED ALL TERRAIN VEHICLES (MATVS)

The recommendation provides $3,415,000,000, equal to the
request, to address MRAP and M-ATV requirements, as
identified by the Department. The Department shall continue
to adhere to the execution and reporting requirements
contained in section 8122 of Public Law 110-116.

NATIONAL GUARD AND RESERVE EQUIPMENT

The recommendation for the National Guard and Reserve
Equipment Account is $850,000,000. Of that amount,
$250,000,000 is for the Army National Guard; $250,000,000 is
for the Air National Guard; $140,000,000 is for the U.S. Army
Reserve; $70,000,000 is for the Navy Reserve; $70,000,000 is
for the Marine Corps Reserve; and $70,000,000 is for the Air
Force Reserve to meet urgent equipment needs that may arise
this fiscal year.
This funding will allow the Guard and reserve components to
procure high priority equipment that may be used by these
units for both their combat missions and their missions in
support of State governors. In addition to the items previous
listed in Senate Report 111-295, this funding will allow the
Guard and reserve components to procure high priority items
such as: Generation 4 Advanced Targeting Pods; Lightweight
Airborne Radio Systems; Active Electronically Scanned Array
radars; Helmet Mounted Integrated Targeting Systems; Upgraded
air ground power units; Real Time in Cockpit Tactical
Datalink Capability; C-130 Loadmaster Crashworthy Seats;
secure radios; Security Forces equipment; digital computer
communications equipment; Family of Medium Tactical Vehicles;
Light Utility Helicopter Mission Enhancement Program; Climate
Regulated Cargo Trailer; Modular Small Arms Training Systems;
Joint Threat Emitters; tactical radios; tactical trailers;
and field engineering, logistics, and maintenance equipment.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

For Research, Development, Test and Evaluation, funds are to be
available for fiscal year 2011, as follows:

[in thousands of dollars]:

[[Page 20399]]

[[Page 20400]]

[[Page 20401]]

INTELLIGENCE, SURVEILLANCE AND

RECONNAISSANCE (ISR) PROGRAMS

The Act includes an increase of $112,000,000 for an ISR
Sensor Pilot Program (Research, Development, Test and
Evaluation, Air Force). These funds are provided to allow the
Secretary of the Air Force the opportunity to fund programs
that may provide game-changing capabilities with significant
savings to the taxpayer. The Secretary of the Air Force shall
fund at least one Predator C aircraft as a prototype platform
and shall fund a prototype capability using commercial-off-
the-shelf long range, dual-band electro-optical/infrared
solutions for the MQ-9 that are currently in use by partner
nations and derived from sensors currently utilized on the
Air Force's U-2. Further, the Secretary of the Air Force
shall review other programs such as active near-infrared
imaging for high resolution ISR, counter-IED capabilities,
sensors which provide signals intelligence tracking
capability, and/or a sensor testbed aircraft as a surrogate
platform for MQ-9 testing. The Secretary of the Air Force is
directed to provide an execution plan for these funds not
later than 60 days after enactment of this Act and prior to
obligation to the congressional defense committees.
Subsequent updates shall be provided at the beginning of the
first and third quarter of each fiscal year until all funds
are obligated and expended.

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $485,384,000 is
provided for fiscal year 2011.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

For Other Department of Defense Programs, funds are to be
available for fiscal year 2011, as follows:

[in thousands of dollars]:

[[Page 20402]]

[[Page 20403]]

[[Page 20404]]

GENERAL PROVISIONS--THIS TITLE

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

[[Page 20405]]

[[Page 20406]]

[[Page 20407]]

[[Page 20408]]

[[Page 20409]]

[[Page 20410]]

[[Page 20411]]

[[Page 20412]]

[[Page 20413]]

[[Page 20414]]

[[Page 20415]]

[[Page 20416]]

[[Page 20417]]

[[Page 20418]]

[[Page 20419]]

[[Page 20420]]

[[Page 20421]]

[[Page 20422]]

[[Page 20423]]

[[Page 20424]]

[[Page 20425]]

[[Page 20426]]

[[Page 20427]]

[[Page 20428]]

[[Page 20429]]

[[Page 20430]]

[[Page 20431]]

[[Page 20432]]

[[Page 20433]]

[[Page 20434]]

[[Page 20435]]

[[Page 20436]]

[[Page 20437]]

[[Page 20438]]

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division D,
which makes appropriations for the energy and water
development and related agencies for fiscal year 2011. As
provided in Section 4 of the consolidated bill, this
explanatory statement shall have the same effect with respect
to the allocation of funds and the implementation of this
division as if it were a joint explanatory statement of a
committee of conference.

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers.
Additional items of the Act are discussed below.
Five-year Plan.--Historically the Administration has been
directed to provide five-year investment plans for all the
agencies within the Energy and Water jurisdiction,
particularly the Corps. The five-year plan should be based on
realistic assumptions of project funding needs.
The executive branch has traditionally been unwilling to
project five-year horizons for projects they do not support
through the budget process. This leaves a considerable
percentage of Corps funding that relies upon congressional
direction and a year-to-year horizon for planning purposes.
It would be beneficial for Congress, the Administration, and
project partners to have a comprehensive plan to outline
requirements for all projects that receive an appropriation.
The Committees on Appropriations would welcome a dialogue to
reach a mutually-agreeable way to comprehensively plan for
all ongoing projects.
Inland Waterways Trust Fund.--For guidance on the Inland
Waterways Trust Fund, reference Senate Report 111-228.

INVESTIGATIONS

The allocation for projects and activities within the
Investigations account is shown in the following table:

[[Page 20439]]

[[Page 20440]]

[[Page 20441]]

[[Page 20442]]

[[Page 20443]]

Interbasin Control of Great Lakes--Mississippi River
Aquatic Nuisance Species, Illinois, Indiana, Ohio,
Wisconsin.--Within the funds provided, the Corps is directed
to include interim studies providing the costs and benefits
of hydrologic separation of the Great Lakes watershed from
the Mississippi River watershed.
Great Lakes Remedial Action Plans and Sediment
Remediation--Michigan, Illinois, Indiana, Minnesota, New
York, Ohio, Pennsylvania, and Wisconsin.--Studies on the
Black, Cuyahoga and Maumee Rivers, Ohio shall be undertaken
within the funds provided.
Coastal Field Data Collection.--The Wave Data Study should
be continued within the funds provided.
Planning Support Program.--$744,000 over the budget request
is provided for the Planning Support Program. The Corps has a
number of Planning Centers of Expertise, however, these
Centers do not have the resources necessary to make them
truly effective. The additional funds provided should be
utilized to ensure the effectiveness of these Centers and the
Corps is urged to budget necessary resources in future
budgets to ensure that these Centers of Expertise remain
viable assets for the Corps' planning program.
Tribal Partnership Program.--Within the funds provided
studies with tribes in New Mexico and with the Lower Brule
Sioux Tribe in South Dakota should be undertaken.

CONSTRUCTION

The allocation for projects and activities within the
Construction account is shown in the following table:

[[Page 20444]]

[[Page 20445]]

[[Page 20446]]

Ozark-Jeta Taylor, Arkansas.--This is another case where
Administration investments in our infrastructure seem to be
penny-wise and pound-foolish. The budget request provided no
funds for this on-going continuing contract. Termination
costs for this continuing contract are estimated to be
$20,000,000. Energy losses over the past 3 fiscal years
exceed $25,000,000 due to forced outages of the hydropower
units. Funds are provided to complete the rehabilitation work
on turbine unit 3.
Oakland Harbor, California.--Within the funds provided,
$2,087,000 is for a repayment to the Port of Oakland to
settle the port's payments in excess of the local cost share
on the 42-foot construction project DACW07-95-003.
Everglades and South Florida Ecosystem Restoration,
Florida.--For activities in the Central and South Florida
Project $136,426,000 is provided for Picayune Strand
including Faka Union Pump Station; Indian River Lagoon South;
C-111 (South Dade); for testing of the Pilot Projects; for
West Palm Beach Canal; and E&D for CERP including Adaptive
Assessment and Monitoring.
Tampa Harbor, Florida.--$200,000 is provided above the
budget request to complete the General Reevaluation Report of
the federal project.
Olmsted Locks and Dam, Ohio River, Illinois and Kentucky.--
Funds are provided to continue construction of this project.
None of the funds provided for the Olmsted Locks and Dam
Project or any other construction funds are to be used to
reimburse the Claims and Judgment Fund.
Muddy River, Boston and Brookline, Massachusetts.--Funding
is included to continue project design and construction,
including ecosystem restoration features.
Rural Nevada, Nevada.--For guidance on the expenditure of
these funds reference Senate Report 111-228.
North Dakota [EI], North Dakota.--Within the funds
provided: $1,600,000 is recommended for the Mandan Raw Water
Intake; $75,000 for the Southeast Water Users District SEWUD;
$1,700,000 for the Grafton Water Treatment Plant
Improvements; $1,375,000 for the North Prairie Rural Water
District; $1,575,000 for the Park River Water Distribution
System Improvements; $900,000 for the Walsh Rural Water
District Ground Storage Expansion; $1,500,000 for the Grand
Forks Water Treatment Plant--Pilot Testing and Design;
$275,000 for the Fargo Water Treatment Plant Facility Study
Plan; $1,825,000 for the McKenzie County Regional Water
Service; $750,000 for the Williams Rural Water Phase I;
$1,500,000 for the Greater Ramsey Water District expansion;
$100,000 for the Williston Waste Water Treatment System
Improvements; $425,000 for the LaMoure Sanitary Sewer Lining
Project; and $700,000 for the Traill Rural Water District
Phase III project.
Rural Utah, Utah.--For guidance on the expenditure of these
funds reference Senate Report 111-228.
Shore Line Erosion Control Development and Demonstration
Program.--$2,500,000 is provided for construction of a
shoreline erosion abatement device at Oil Piers in Ventura
County, California, as well as monitoring programs and other
appropriate activities under this authority.
Continuing Authorities Program.--For guidance on the
Continuing Authorities Program, reference Senate Report 111-
228.

MISSISSIPPI RIVER AND TRIBUTARIES

The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:

[[Page 20447]]

[[Page 20448]]

Yazoo Basin, Big Sunflower Basin, Mississippi.--Not more
than $2,130,000 should be used for the continued construction
of these water quality and sedimentation reduction measures.
Water quality funds shall be used for the monitoring and
establishment of water quality reference indicators and the
development of total maximum daily loads target loads on
Yazoo Basin projects.
Yazoo Basin, Delta Headwaters Project, Mississippi.--Funds
are provided for the Corps to undertake construction work in
the following watersheds: Abiaca Creek, Batupan Bogue, Black
Creek, Coldwater River, Cane-Mussacana Creek, Hurricane-Wolfe
Creek, Hickahala-Senatobia Creek, Hotophia Creek, Long Creek,
Pelucia Creek, Otoucalofa Creek, Toby-Tubby Creek, Yalobusha
River, and Skuna River. The Corps shall design and construct
future work, acquire real estate, and monitor results for all
watersheds in fiscal year 2011 and for future work as
required for completion of the total program.

OPERATION AND MAINTENANCE

The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:

[[Page 20449]]

[[Page 20450]]

[[Page 20451]]

[[Page 20452]]

[[Page 20453]]

Coyote Valley Dam, Lake Mendocino and Dry Creek (Warm
Springs) Lake and Channel.--All funding above the budget
request for these items is to be utilized to implement
relevant measures, particularly Reasonable and Prudent
Alternative 3, described in the National Marine Fisheries
Service Biological Opinion for Water Supply, Flood Control
and Channel Operations and Maintenance in the Russian River
Watershed, dated September 24, 2008.
San Francisco Harbor, California.--Fiscal year 2011 funds
may be used to perform required annual maintenance dredging
and to finalize planning studies and the environmental
requirements for the potential project. The Corps shall
proceed to construction of a beach and dune nourishment
project as quickly as possible, and that initiation of the
construction shall be undertaken no later than fiscal year
2012.
Michigan Great Lakes Harbor Maintenance and Dredging,
Michigan.--The Corps shall propose a maintenance program for
fiscal year 2011 that would most effectively utilize both the
budgeted funds along with the funds provided in this line
item for these harbor and waterway projects.
New York Great Lakes Harbor Maintenance and Dredging, New
York.--The Corps shall propose a maintenance program for
fiscal year 2011 that would most effectively utilize both the
budgeted funds along with the funds provided in this line
item for these harbor and waterway projects.
Wilmington Harbor, North Carolina.--$300,000 is provided
for studies and modeling of potential erosion impacts on
adjacent shorelines at the southern end of Wilmington Harbor.
Garrison Dam and Lake Sakakawea, North Dakota.--$100,000
above the budget request is provided for mosquito control in
the Williston area due to shallow water habitat created by
the impoundment of Lake Sakakawea.
Asset Management/Facilities and Equipment Maintenance.--For
guidance on the expenditure of these funds reference Senate
Report 111-228.
Coastal Data Information Program.--Additional funding
recommended above the budget request along with the budget
request is directed toward the maintenance of wave
observations and the expansion of the national wave
monitoring network. The Corps is requested to report back to
the Committees on Appropriations on its plan to address
critical data gaps in this system.
Great Lakes Navigation, IN, IL, MI, MN, NY, OH, PA & WI.--
The Corps shall propose a maintenance program for fiscal year
2011 that would most effectively utilize these funds along
with the funds provided for harbor and waterway projects
bordering the Great Lakes.

EXPENSES

Within the funds provided, $2,365,000 is for the Mid-
Atlantic River Basin Commissions. Inclusion of this funding
should not be construed as a commitment by the Congress to
providing any funding for these commissions in the future.

TITLE II

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

WATER AND RELATED RESOURCES

(including transfers of funds)

Reprogramming.--To ensure that the expenditure of funds in
fiscal year 2011 is consistent with congressional direction,
to minimize the movement of funds, and to improve overall
budget execution, the bill includes a legislative provision
outlining the circumstances under which the Bureau of
Reclamation may reprogram funds.
The allocation for projects and activities within the Water
and Related Resources account is shown in the following
table:

[[Page 20454]]

[[Page 20455]]

[[Page 20456]]

[[Page 20457]]

Central Valley Project--Friant Division.--Funds provided
for the San Joaquin River Restoration should be used in
conjunction with and in advance of those funds available from
the San Joaquin River Restoration Fund.
St. Mary Project.--$1,000,000 has been recommended for the
St. Mary Diversion Rehabilitation Project. These funds should
be utilized using applicable Reclamation Law and as directed
in this Act.
Pick-Sloan Missouri Basin, Garrison Diversion Unit, North
Dakota.--Within the funds provided, $2,000,000 is for the
Northwest Area Water Supply; $7,000,000 is for the South
Central Regional Water District; $7,000,000 is for the
Southwest Pipeline; and, $3,120,000 is for the Standing Rock
Sioux Tribe Irrigation Project.
Drought Emergency Assistance.--Within the funds provided,
the Bureau of Reclamation is directed to recognize the unique
conditions in Hawaii and provide full and fair consideration
of the request for drought assistance from the State of
Hawaii and fund if meritorious.

POLICY AND ADMINISTRATION

Five-year Plan.--The Administration is directed to provide
the Committees on Appropriations with a five-year plan. The
five-year plan will include the following: (1) two funding
scenarios, one which reflects the Administration's
expenditure ceilings and a second which reflects an
expenditure level consistent with the fiscal year 2011
appropriation, including inflation for the out-years; (2) a
list of active projects, as defined by a project receiving
funding in the previous three years, for which funding is not
proposed in the plan; (3) a full accounting of all rural
water, Tribal water settlement, and Title XVI projects that
are currently authorized, the total authorization, the
balance to complete, and total appropriations to date; (4) an
estimate of the total cost of extraordinary and emergency
operation and maintenance to address the backlog of project
needs due to the aging of Reclamation infrastructure; and,
(5) an explanation of the methodology used in determining the
project allocations, together with the direction provided to
field offices in the preparation of the five-year plan.

TITLE III

DEPARTMENT OF ENERGY

The summary tables at the end of this title set forth the
congressional direction with respect to the individual
appropriations, programs, and activities of the Department of
Energy. Additional items in the Act are discussed below.
The bill provides funding to continue the three Energy
Innovation Hubs established in fiscal year 2010. The initial
grants for these hubs were awarded at or near the end of
fiscal year 2010, and the level of funding provided in this
bill for fiscal year 2011 together with funding provided in
fiscal year 2010 are intended to fund the hubs through the
end of September 2011. Since funding for the hubs provided
under this Act is an acknowledgment of a change in the hubs'
five-year timelines to begin late in fiscal year 2010 and is
not intended to reduce their overall five-year funding
projections, the Department is directed to adjust its funding
timeline and plan to reflect this delayed start rather than
to change the scope of its research activities.
The Department's Under Secretary of Science and the
National Nuclear Security Administration (NNSA) Administrator
are directed to prepare, within 120 days of enactment of this
Act, a joint, integrated strategy and program plan on how the
Office of Science's Advanced Scientific Computing Research
and NNSA's Advanced Simulation and Computing programs will
share responsibilities and coordinate research and
development activities to reach exascale computing required
for national security, energy, environmental, and other
science missions and to retain the United States' global
leadership and competitiveness in advanced computing.
The Department is prohibited from funding fellowship and
scholarship programs in fiscal year 2011 unless they appeared
in the fiscal year 2011 congressional budget request
documents and are supported in this bill. Any new or ongoing
fellowship programs that the Department wishes to fund in
fiscal year 2012 must be detailed in the fiscal year 2012
budget request documents.
The Department's efforts to achieve greater transparency in
financial and programmatic performance have resulted in
substantial improvements in the Department's financial
reporting. This has particularly been demonstrated in the
execution of the American Recovery and Reinvestment Act. In
other more focused efforts, greater transparency has exposed
significant financial risks and liabilities facing the
Department, such as those liabilities arising from contractor
managed defined benefit pension liabilities and other
contractor benefits. The Committees on Appropriations direct
the Department to apply the same degree of transparency to
its base programs and mission support activities by the end
of fiscal year 2011.
Cost-Share Requirements.--Section 988 of the Energy Policy
Act of 2005 (EPACT) imposes statutory cost-share requirements
on Department of Energy grants that vary for basic research
and development, applied research and development, and
demonstration projects. The Secretary has the authority to
waive cost-share requirements on individual projects. While
the well-reasoned, judicious use of this authority may be
warranted in individual cases, the Department should extend
its commitment to transparency to its use of cost-share
waivers. The Department is therefore directed to notify the
Committees on Appropriations, within three days of awarding
funding, of the specific terms of any cost-share waiver or
modification granted to the recipient.

CONGRESSIONAL DIRECTION

The Department of Energy is directed to operate in a manner
fully consistent with the following reprogramming guidelines.
For the first year, reprogramming requirements are included
in statute owing to the Department's failure to comply with
existing reprogramming guidelines. A reprogramming request
must be submitted to the House and Senate Committees on
Appropriations for consideration before any implementation of
a reorganization proposal which includes moving previous
appropriations between appropriation accounts. The Department
is directed to inform the Committees promptly and fully when
a change in program execution and funding is required during
the fiscal year. To assist the Department in this effort, the
following guidance is provided for programs and activities
funded in the Energy and Water Development and Related
Agencies Appropriations Act. The Department is directed to
follow this guidance for all programs and activities unless
specific reprogramming guidance is provided for a program or
activity.
Definition.--A reprogramming includes the reallocation of
funds from one activity to another within an appropriation,
or any significant departure from a program, project,
activity, or organization described in the agency's budget
justification as presented to and approved by Congress,
except where specific deviations are allowed in the text that
follows. For construction projects, a reprogramming
constitutes the reallocation of funds from one construction
project identified in the justifications to another project
or a significant change in the scope of an approved project.
Any reallocation of new or prior year budget authority or
prior year de-obligations must be submitted to the House and
Senate Committees on Appropriations in writing and may not be
implemented prior to approval by the Committees.

COST ESTIMATING

There continues to be concern with the Department's ability
to manage large construction projects within estimated cost
and schedule. The Department has several multi-billion dollar
facilities underway, and it is critical that improvements be
made in project management. For some projects, the Department
is making critical decisions for state-of-the-art nuclear
facilities prior to 90 percent completion of design. The
Department is directed in its project management order to
specifically define the required levels of design maturity
that are necessary at each critical decision point, and to
ensure that these levels are consistent with accepted
construction industry best practices. In addition, the
Department's policies for gauging the maturity of new
technologies being developed or proposed for its projects are
inconsistent with best practices used by other federal
agencies. The Government Accountability Office has found that
the Department's policies allow a project to proceed with
construction with insufficient assurance that a new
technology is adequately mature. Therefore, the Department is
directed to evaluate where its policies, orders, and guidance
for gauging the maturity of new technologies is inconsistent
with best practices and, as appropriate, revise them to
ensure consistency or specifically justify why such
differences are necessary or appropriate.
Another concern is the current organization of the
Department's cost estimating offices. The newer Office of
Cost Analysis (OCA) is separate from the Department's
existing office that performs a similar but broader cost
review function. Placing the OCA under the office that
manages the Department's finances, the Office of the Chief
Financial Officer (CFO), may limit the OCA's independence,
ability to conduct objective analysis, and access to
relevantly skilled staff. This may lead to duplication of
efforts and does not reflect best practices. Centralizing a
cost estimating team, rather than maintaining separate teams,
facilitates sharing resources and using standard processes.
This organization is also inconsistent with Congress' recent
action to establish an independent cost estimating office at
the Department of Defense, whose project management
responsibilities are similar to those of the Department of
Energy. The Department was directed in fiscal year 2009 and
2010 to move the OCA from the CFO and consolidate the OCA
with the existing cost estimating group within the Management
Office. The Department did not respond directly to this
direction; however, it is currently reviewing its policy.
Upon completion of this review, and not later than 90 days
after enactment of this Act, the Department is directed to
provide the Committees on Appropriations with

[[Page 20458]]

a report outlining the organizational justification for the
future of the cost estimating office(s) at the Department,
and to provide a detailed analysis of how this arrangement
will better serve the Department's dismal cost estimating
record.

ENERGY PROGRAMS

Energy Efficiency and Renewable Energy

Reporting Requirements.--In some cases, of the amount
directed to each specific program or activity, the Department
has redirected a significant fraction to other purposes
within the account. Sometimes as high as 11 or 12 percent of
each program's appropriated budget, this ``tax'' on the
individual programs includes some justifiable purposes, such
as reserving 2.8 percent of funds for Small Business
Innovation Research and Small Business Technology Transfer
grants. However, the remaining unexplained redirection of
funds in many cases appears counter to congressional
direction and lacks transparency. The Department is therefore
directed to report to the Committees on Appropriations, not
later than 90 days after enactment of this Act, for each
funding level provided in this Act, the exact quantity of
funds allocated by the Department for that purpose, and the
specific reasons and redirected funding amounts for any
program whose allocation is less than that directed by the
bill.
As the nation continues to focus on ways to improve energy
efficiency, the Department is requested to update its 1995
report on the Impacts of Landscaping for Energy Efficiency
(DOE/GO-10095-046).
Minority Outreach Programs.--In fiscal year 2009, the
Department was directed to implement an aggressive program to
take advantage of the Historically Black Colleges and
Universities and Hispanic Serving Institutions across the
country in order to deepen the recruiting pool of diverse
scientific and technical staff available to support the
growing renewable energy marketplace. The Department is
encouraged to continue these programs as a means to tap the
nation's full diversity of talent as the Department works
with the public and private sectors to meet our nation's
energy challenges.
Hydrogen Technology.--Within available funds, the bill
includes $15,000,000 for Technology Validation, at least half
of which is focused on vehicle and hydrogen infrastructure
applications; $47,000,000 for hydrogen fuels R&D, with a
particular focus on the synergies between hydrogen and
renewable energy and deriving hydrogen from renewable
resources; and $15,000,000 for Market Transformation in early
markets, particularly for stationary sources (not safety
codes and standards).
Biomass and Biorefinery Systems Research and Development.--
Within available funds, the bill provides $59,000,000 for
integrated biorefineries; $10,000,000 for analysis and
sustainability; $85,080,000 for conversion technologies;
$10,710,000 for the sustainable production within the
feedstocks activity; and $10,710,000 for logistics within the
feedstocks activity.
The bill provides a total of $30,000,000 for algae
biofuels, to include $5,000,000 for research and development
activities for halophilic algae applications in partnership
with a university-led consortia having expertise in this area
and ready access to a wide variety of high-salinity algae
strains. The bill provides $10,000,000 for the cellulosic
reverse auction; as the Department is considering devoting
$4,500,000 from fiscal year 2008 to a reverse auction, the
Department is urged to delay such action and combine previous
year funds with fiscal year 2011 funds to make the reverse
auction more compelling.
The bill provides $2,000,000 for coordination with the
Fuels Technology subprogram under Vehicle Technologies to
continue testing the effects of intermediate fuel blends (15-
20 percent ethanol mixed with 80-85 percent gasoline) on Tier
1 vehicles and small engines. The testing will provide data
on how these blends may affect materials, durability,
performance and emissions of legacy engines. Work should be
done in coordination with the Vehicle Technologies Program.
The bill further provides $2,500,000 for a demonstration of a
catalytic process to convert liquid ethanol into gaseous
ethylene.
Solar Energy.--Within available funds, the Department is
directed to provide $50,000,000 for concentrating solar power
demonstration projects as proposed in the budget request. The
Department is encouraged to designate and fund, in fiscal
year 2011, a center for solar energy innovation to be located
in close proximity to high-quality solar resources and the
site chosen by the Department for its Solar Demonstration
Zone Project. The center should support the research,
development, and deployment of the essential components of
the solar energy supply chain to promote the integration of
solar technologies and products into utility, building and
commercial systems, and to improve their reliability,
affordability and rapid deployment across the Southwest
region and the United States.
The Department is encouraged to continue its efforts to
invest in promising high efficiency, low-cost concentrated
photovoltaic solar technology that will accelerate the
achievement of grid parity.
Solar films can provide significant cost and efficiency
advantages to thin film and crystalline silicon modules, and
the Department is encouraged to expand the funding of solar
films research and development to support the development of
a cross-cutting advanced solar films program to improve the
cost-effectiveness of solar technologies.
Geothermal Technology.--The Department is directed to make
not less than $5,000,000 available to continue development
and deployment of low-temperature geothermal systems. The
Department shall provide the Committees on Appropriations
with a copy of its report required by section 621 of Public
Law 110-140 evaluating the Department's progress implementing
the geothermal provisions of Public Law 110-140 and
evaluating additional advanced concepts and technologies to
maximize the geothermal resource potential of the United
States.
Water Power.--Within the funds provided, $14,000,000 is for
conventional hydropower activities and $41,000,000 is for
marine and hydrokinetic activities. Within available funds,
the Department is directed to provide not less than
$6,000,000 for the construction of necessary testing
infrastructure for marine and hydrokinetic systems, and
$1,000,000 for research and development of tidal barrage
technology.
Vehicle Technologies.--The Department is directed to make
$3,000,000 available to continue efforts on both stationary
and in-motion inductive power transfer technology to a
national laboratory and university consortium.
Batteries that reach the end of their useful lives in
electric vehicles will have remaining capacity for other
uses, and the Department is directed to use $2,000,000 in
conjunction with the Office of Electricity Delivery and
Energy Reliability to commence work on the secondary use
program authorized in section 915 of the Energy Policy Act of
2005. The Department is further directed to establish a
program to collect and synthesize data on the use of plug-in
electric drive vehicles and provide technical assistance to
communities that want to prepare for plug-in electric drive
vehicle deployment.
Building Technologies.--Within the funds provided,
$5,000,000 is for the solar decathlon, and $16,000,000 is for
the Energy Efficient Building Systems Design Energy
Innovation Hub.
The bill provides $10,000,000 for the Bright Tomorrow
Lighting Prize to fund prizes for competitions specified in
section 655 of the Energy Independence and Security Act of
2007 that have been previously announced by the Department.
Further, an additional $26,809,000 is for solid state
lighting research and development. While solid state lighting
is still too expensive to compete with existing general
lighting products, solid state lighting has the potential to
substantially reduce energy consumption while cutting energy
bills. To reduce product costs, the Department was encouraged
in fiscal year 2010 to fund research and development aiming
to lower solid state lighting manufacturing costs, and the
Department did so with Recovery Act funds but has yet to
devote any regular fiscal year funding. The bill therefore
includes $6,500,000 for new research and development awards,
from within the amount provided, of which no less than
$3,200,000 is provided for new awards for manufacturing
research and development.
The bill includes $1,500,000 for research and development
activities for advanced sensing and control technologies for
task-intuitive lighting systems, and the Department is
directed to identify a university-led partnership with
experience in this field.
The Energy Policy Conservation Act of 1975 authorized the
Department to issue efficiency standards for a list of
products, and to date televisions are the only item for which
the Department has failed to issue a standard. The Secretary
is encouraged to complete a rulemaking process to establish
effective efficiency standards for televisions, as
expeditiously as possible.
Industrial Technologies.--Within the funds provided,
$30,000,000 is for research, development, demonstration and
market transformation of large, medium, and small scale
combined heat and power generation systems, to include not
less than $8,000,000 for small scale systems at or below 20
kilowatts generation capacity.
The bill includes not less than $6,832,000 for Industries
of the Future (Specific), to include activities to improve
production processes in the glass industry, and to include
$4,205,000 for the steel industry for improvements in
production.
District energy and combined heat and power (CHP) systems
can significantly reduce primary energy usage by taking
advantage of economies of scale and capturing waste energy
that would otherwise go unused. District energy systems offer
near-term opportunities to increase the energy efficiency and
ambit of existing networks through the addition of combined
heat and power systems, connection with additional buildings
dependent on single-building-based heating and cooling, and
conversion from fossil-fuel to renewable fuel sources
including biomass. Recent investments made by the Department
in these systems are to be commended, and the Department is
encouraged to consider avenues for further improving related
technologies, addressing their

[[Page 20459]]

barriers to deployment, and encouraging their widespread use.
Federal Energy Management Program.--The bill includes
$1,000,000 for the Department to conduct an assessment of the
most appropriate places to deploy electric vehicles in the
federal fleet and to begin a pilot program to deploy electric
vehicles based on the assessment.
The FEMP is intended to assist federal agencies--which
together spend roughly $10,000,000,000 annually on energy
procurements--in achieving energy savings. In its recent
audit report on the FEMP, the Department's Inspector General
(OIG) found that the FEMP ``had not always maintained up-to-
date energy efficiency specifications; could not demonstrate
that it had adequately pursued the development of new energy
efficiency specifications; and had not effectively managed
relevant contractor efforts essential to the program.'' The
Department is directed to deliver by March 15, 2011 an action
plan to address the problems identified by the OIG.
Facilities and Infrastructure.--The bill provides
$57,500,000 for facilities and infrastructure, to include
$39,500,000 for construction of the Energy Systems
Integration Facility (ESIF) at the National Renewable Energy
Laboratory. It is expected that this funding, in conjunction
with two prior year appropriations, is the final
appropriation required to construct and fully equip ESIF and
that the Department will begin construction of the facility
without further delay.
Program Support.--Within the funds provided, $2,000,000 is
to continue the United States-Israel energy cooperation
agreement.
State Energy Program.--The bill provides $40,000,000 for
formula grants and $10,000,000 for competitive grants.
Congressionally Directed Projects.--The bill provides
$211,580,000 for the following congressionally directed
projects and activities.

[[Page 20460]]

[[Page 20461]]

Electricity Delivery and Energy Reliability

Cyber Security for Energy Delivery Systems Research and
Development.--It is critical that the Department works to
ensure the deployment of smart grid technologies does not
jeopardize the reliability or security of the nation's
electrical infrastructure. The Department is directed to work
with its national laboratories on research to evaluate the
potential impacts of new technologies on grid reliability and
security. The Department shall report to the Committees on
Appropriations not later than 60 days after enactment of this
Act, on its efforts to cooperatively work with the private
sector on grid security standards and implementation.
Smart Grid Research and Development.--Growing constraints
and requirements on the nation's electric power delivery
system have resulted in various efforts to modernize the grid
by realizing energy efficiency improvements in power
transmission and distribution. While recent programs focused
on transmission, smart metering, and in-home energy
management technologies, other important approaches, such as
those that increase the efficiency of the distribution grid,
have received less public attention. As the Department has
recently highlighted the importance of optimizing the entire
electric delivery supply chain, the Department is encouraged
to advance distribution-based technologies that increase
energy efficiency by means of reducing energy loss that
occurs during electricity distribution, and that optimize the
load levels through voltage controls on the distribution
system. Such grid-based technologies can greatly enhance
energy savings across the electric power delivery system and
are essential for the integration of renewable and
distributed energy resources, electric vehicles and demand
response applications.
Congressionally Directed Projects.--The bill provides
$11,050,000 for the following congressionally directed
projects and activities.

[[Page 20462]]

[[Page 20463]]

Nuclear Energy

NUCLEAR ENERGY RESEARCH AND DEVELOPMENT

Nuclear Energy Enabling Technologies.--Within the funds
provided, $16,000,000 is for the Modeling Simulation Energy
Innovation Hub, $31,320,000 is for Cross-cutting Technology
Development, and no funds are provided for Transformative
Nuclear Concepts.
Integrated University Program.--The bill provides
$5,000,000 for the Integrated University Program.
Reactor Concepts Research, Development, and
Demonstration.--The bill provides $196,830,000, of which
$55,000,000 is for Small Modular Reactors, $17,500,000 is for
Light Water Reactor (LWR) Sustainability, and $15,870,000 is
for Advanced Concepts.
The bill provides $103,000,000 for the Next Generation
Nuclear Plant (NGNP). There continues to be serious questions
regarding the participation of industry and its cost-share
contribution to the project. This has brought the future of
the project, as currently configured, into question. The
Department has delayed the Secretarial decision on proceeding
to Phase 2 of the NGNP project until August 2011. The
justification for the slippage in the Secretarial decision is
unclear given the technology readiness analysis and Nuclear
Energy Advisory Committee report will be completed by May. If
by the end of June 2011, the Secretary has not decided to
advance the NGNP project to Phase 2, the Department is
directed to use $23,000,000 of NGNP funds to advance the
Small Modular Reactors program.
Fuel Cycle Research and Development.--Within the funds
provided, $15,000,000 is provided to continue the multi-year
effort deep-burn research and development of high-performance
ceramic-particle-based fuels for the current nuclear reactor
fleet and future light-water and high-temperature gas
reactors and demonstrate concept feasibility and initial fuel
performance for utilization in commercial reactors within 2
years. Further, $3,500,000 is provided to issue a competitive
solicitation requesting industry teams (fuel suppliers,
utilities and advanced ceramic developers) for cost-shared
proposals to develop and test advanced LWR fuel with ceramic
cladding, with the capability of very high burn up and with
the objective of achieving readiness for Lead Test Rod
operation in commercial reactors within 5 years.
The bill includes $45,000,000 for Used Nuclear Fuel
Disposition, of which $26,000,000 is to establish a Center of
Excellence for Nuclear Waste Management. The Center's
research agenda shall be informed by the recommendations of
the President's Blue Ribbon Commission on America's Nuclear
Future and be supportive of and consistent with other nuclear
waste management research activities. The Center will be
competitively awarded to preserve and build upon the
expertise and science formerly within the Office of Civilian
Radioactive Waste Management. Within 60 days of the enactment
of this Act, the Department is directed to submit a report on
(1) how the Center of Excellence for Nuclear Waste Management
will support the used nuclear fuel research agenda and (2)
plans to retain the federal and contractor expertise on
geological waste repositories and archive all scientific
documentation relating to the Yucca Mountain project.

RADIOLOGICAL FACILITIES MANAGEMENT

Space and Defense Infrastructure.--Within the funds
provided, $15,160,000 is for nuclear infrastructure at Oak
Ridge.

CONGRESSIONALLY DIRECTED PROJECTS

Congressionally Directed Projects.--The bill provides
$7,800,000 for the following congressionally directed
projects and activities.

[[Page 20464]]

[[Page 20465]]

Fossil Energy Research and Development

Fuels and Power Systems.--The bill provides $10,000,000 in
addition to sums allocated for university research, to
initiate the National Energy Technology Laboratory (NETL)-
Regional University Alliance for Energy Innovation and the
Department's support for this initiative is encouraged.
Within Innovations at Existing Plants, $5,000,000 is for the
mercury research program. The bill provides $155,000,000 for
Carbon Sequestration activities, including funds for the
integrated emission reduction initiative, a Focus Area for
Carbon Sequestration Science, and $12,000,000 for an
initiative focused on innovative concepts for the beneficial
use of carbon dioxide for non-geological activities.
Natural Gas Technologies.--The bill includes $15,000,000
for methane hydrates research. The bill has restored the
hydrates technology program to this account and does not
support funding a gas hydrates research program within the
Office of Science. Within available funds, funding is
provided to continue research that targets small, independent
producers for exploration and production and safety
activities, including completion and well control technology,
and for efforts to minimize the environmental impacts of
natural gas development, including advancement of water
resources treatment technologies. The bill supports
initiatives to treat produced water, including for beneficial
reuse, and includes funding to support demonstration-scale
projects to treat water resources associated with domestic
natural gas development. The bill also includes funding for
continued support of unconventional natural gas production
from basins that contain tight gas sands, shale gas, and coal
bed methane resources.
Unconventional Fossil Energy Technologies.--The bill
provides $20,000,000 to continue the implementation of the
Department's research, development, and deployment technology
strategy for unconventional fossil energy resources. Within
this amount, $15,000,000 is for activities to address
technological, economic, and environmental challenges
associated with development of unconventional resources in
the Western Energy Corridor of which $8,000,000 is for oil
shale and tar sands activities. The bill also provides
$1,200,000 to continue the Risk Based Data Management System.
Within available funds, the bill supports the stripper well
program as well as ongoing research being conducted for small
producers for enhanced oil recovery, exploration and
production, safety, and environmental solutions. The bill
does not provide funding for methane hydrates research and
development in the Unconventional Fossil Energy Technologies
account.
There is deep concern that the Department disregarded
Congressional direction and reprogramming guidelines by
improperly augmenting the $17,833,000 provided in the Fiscal
Year 2010 conference agreement for methane hydrates research
with $4,000,000 from the Unconventional Fossil Energy
Technologies account. It is expected that the Department will
avoid the use of such transfers to exceed congressionally
established spending limits, and will strictly adhere to
those limits in the future.
Program Direction.--Within the funds provided, $129,400,000
is for program direction at NETL.
Congressionally Directed Projects.--The bill provides
$23,000,000 for congressionally directed projects in the
following table.

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Non-Defense Environmental Cleanup

Reprogramming Authority.--In fiscal year 2011, the
Department may transfer funding between operating expense-
funded projects within the controls listed below. All capital
construction line item projects remain separate controls from
the operation projects. The Committees on Appropriations must
be formally notified in advance of all reprogrammings, and
the Department is to take no financial action in anticipation
of a congressional response. The following are the
reprogramming control points: Fast Flux Test Reactor
Facility, Gaseous Diffusion Plants, Small Sites, West Valley
Demonstration Project, and construction line-items.
Internal Reprogramming.--In fiscal year 2011, Environmental
Management site managers may transfer up to $2,000,000, one
time, between accounts listed above to reduce health and/or
safety risks, gain cost savings, or complete projects as long
as a program or project is not increased or decreased by more
than $2,000,000 in total during the year. The reprogramming
authority may not be used to initiate new programs or to
change funding for programs specifically denied, limited, or
increased by Congress in the Act or report. The Committees on
Appropriations must be notified within 30 days after the use
of the internal reprogramming authority.
Economic Development.--None of the Non-Defense
Environmental Management funds, including those provided in
the Non-Defense Environmental Cleanup and Uranium Enrichment
Decontamination and Decommissioning Fund, are available for
economic development activities.

Uranium Enrichment Decontamination and Decommissioning Fund

The bill provides $550,000,000 for activities funded from
the Uranium Enrichment Decontamination and Decommissioning
Fund. The bill includes $200,000,000 for Oak Ridge,
Tennessee; $85,000,000 for Paducah, Kentucky; and
$265,000,000 for Portsmouth, Ohio.

Science

Basic Energy Sciences.--$16,000,000 is provided for the
Fuels from Sunlight Energy Innovation Hub, $11,000,000 is
provided for the proposed Batteries and Energy Storage Energy
Innovation Hub, and no funding is provided to establish
additional Energy Frontier Research Centers. The bill
provides $17,500,000 for the Experimental Program to
Stimulate Competitive Research. The bill provides no funding
for a research program in gas hydrates within the Office of
Science, but rather provides funding within Fossil Energy for
the program. No funding is provided for the proposed new
effort in the area of multiscale models for advanced engine
design.
Biological and Environmental Research.--Within available
funds, the bill provides $11,000,000 for artificial retina
research. The Department is directed to provide to the
Committees on Appropriations, not later than 120 days after
enactment of this Act, a plan for collaboration with the
National Institutes of Health (NIH) to produce an artificial
retina meeting the goal of more than 1,000 electrodes, in
which the Department of Energy provides its expertise in
materials, engineering, and the physical sciences, and the
NIH utilizes its expertise in medicine and human biological
science. The bill provides no funding for nuclear medicine
research in this program, but instead provides funding within
the Nuclear Physics program.
Fusion Energy Sciences.--Within available funds, the bill
provides $4,000,000 for ongoing experiments using krypton
fluoride lasers to advance inertial fusion energy. The
Department is directed to submit a 10-year plan, not later
than 12 months after enactment of this Act, on the
Department's proposed research and development activities in
magnetic fusion under four realistic budget scenarios. The
report shall (1) identify specific areas of fusion energy
research and enabling technology development in which the
United States can and should establish or solidify a lead in
the global fusion energy development effort and (2) identify
priorities for facility construction and facility
decommissioning under each of the four budget scenarios. The
Department is encouraged to use a similar approach adopted by
the Particle Physics Project Prioritization Panel that
developed a 10-year strategic plan for the Department's high
energy physics program.
Nuclear Physics.--Within the funds provided, $15,400,000 is
for nuclear medicine research with human application. The
Department is directed to report to the Committees on
Appropriations, not later than 120 days after enactment of
this Act, a plan to transition this research to the National
Institutes of Health (NIH). The plan should include how the
Department of Energy can provide its expertise in nuclear
science and fundamental research applicable to diagnostic and
therapeutic tools to support NIH's applications in human
medicine and biological sciences.
Workforce Development for Teachers and Scientists.--Within
the funds provided, up to $6,500,000 is for the graduate
fellowship program, and the Department is directed to provide
to the Committees on Appropriations, not later than 90 days
after enactment of this Act, a plan on the objectives of this
program and funding needs over the next 10 years at a level
that is sustainable and within realistic budgetary
constraints.
The bill provides $2,000,000 for the Department to contract
with the National Academy of Sciences to conduct an
independent study of best practices to support implementation
of college and career ready standards for math and science.
The study will include development and alignment of
curriculum, alignment of professional development, alignment
to teacher and school leader preparation program curriculum
and training, and development of a comprehensive assessment
system aligned to such standards. The Department is directed
to report on the findings of the study to the Committees on
Appropriations and appropriate authorizing committees not
later than September 30, 2012.
Science Laboratories Infrastructure.--The bill provides
$115,500,000 for Science Laboratories Infrastructure.
Congressionally Directed Projects.--The bill provides
$61,650,000 for the following congressionally directed
projects and activities.

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Title 17 Innovative Technology Loan Guarantee Program

The bill provides $8,000,000,000 in loan authority for
nuclear power facilities and $4,000,000,000 in loan authority
for fossil energy facilities which includes coal and
petroleum coke-based power generation and industrial
gasification projects that incorporate carbon capture and
sequestration (CCS), pipelines, and transportation of
CO2. The bill also provides $405,982,000 in credit
subsidy for renewable projects.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

The NNSA is directed to submit to the Committees on
Appropriations both a classified and unclassified report 90
days after the completion of the B61 Phase 6.2/2A study with
(1) a description of the safety and security features the
NNSA would add to a refurbished B61 and (2) a cost and
benefit analysis of installing the proposed features in the
warhead. The cost and benefit analysis should include (1) the
costs of science, technology, and engineering to install new
safety and security features, (2) the costs of assessing the
impact the new features may have on the performance of the
nuclear explosive package at the national laboratories, (3)
the extent to which the proposed safety and security features
address specific safety and security concerns, and (4) why
current safety and security features would not be sufficient.
Upon completion of the report above, the NNSA is further
directed to commission an independent assessment from the
JASON Group of scientific advisers that would set forth
meaningful criteria for evaluating how much intrinsic nuclear
warhead safety and security is enough when measured against
the plausible range of deployment scenarios and threats
likely to confront the future stockpile, and analyze the
specific costs and benefits of installing such feature or
features in a warhead. The NNSA is also directed to take
actions to improve the management of the life extension
program as recommended by the GAO in report GAO-09-385.
The Administrator of the NNSA is directed to review the
current surveillance program and report to the Committees on
improvements that should be made and an implementation plan
for such improvements, along with budgetary requirements,
within 120 days of the enactment of this Act.

Weapons Activities

DIRECTED STOCKPILE WORK

Stockpile Systems.--Within the funds provided, $26,000,000
is for the new W78 life extension study as described in the
budget justification. No budget request was made for a Phase
2/2A study. Within these funds, the bill provides
$165,000,000 to support surveillance activities.
Weapons Dismantlement and Disposition.--Within the funds
provided, $27,500,000 shall be used for weapons dismantlement
and disposition work at Pantex. The NNSA is directed to
provide the Committees on Appropriations an annual report on
the progress on the backlog, including, but not limited to,
how many weapons and weapons components are planned for
dismantlement, how many were dismantled, the remainder
awaiting dismantlement and future year plans.
Stockpile Services.--Within the funds provided, at least
$74,000,000 shall be used to support surveillance activities
and $84,100,000 shall be used for scheduled weapons assembly,
disassembly and dismantlement work at Pantex.

CAMPAIGNS

Science Campaign.--Within the funds provided, $44,501,000
shall be used at the Sandia National Laboratory's Z facility.
Inertial Confinement Fusion Ignition and High Yield
Campaign.--Within the funds provided, at least $62,477,000
and $48,000,000 shall be used at the Omega facility and the Z
facility, respectively.
NNSA did not attempt the first ignition shot at the
National Ignition Facility (NIF) at the end of fiscal year
2010, as originally planned, because of scientific and
technical challenges and management weaknesses. The first
ignition shot has now been delayed to the end of fiscal year
2011--a delay of 1 year. For this reason, the NNSA, within
120 days of enactment of this Act, is directed to establish
an independent federal advisory committee made up of subject-
matter experts that will regularly evaluate experiments
planned on NIF, identify potential weaknesses to the
experimental plan, and recommend, if necessary, alternative
and innovative approaches to address scientific and technical
challenges to achieve ignition by the end of fiscal year
2011. The federal advisory committee meetings and their
results should be open to the scientific community where
proposals, component designs, and the ignition shot plan are
discussed and debated. Timely access to raw scientific data
by outside users will be an essential first step to
attracting a user community when NIF becomes a national user
facility.

READINESS IN TECHNICAL BASE AND FACILITIES

NNSA is directed in the budget request to identify funds
for the Kansas City Responsive Infrastructure Manufacturing
and Sourcing project as a separate line item under the RTBF
account with an explanation of how the funds will be used to
support the project.

SITE STEWARDSHIP

The NNSA is directed to submit with the fiscal year 2012
budget request the list of projects under the energy
modernization and investment program. The list of projects
should include the total cost of each project, the expected
cost savings and other benefits of each project and when
those cost savings will be realized, and the extent to which
they contribute to NNSA's energy conservation goals.

CONGRESSIONALLY DIRECTED PROJECTS

The bill provides $2,000,000 for the following
congressionally directed projects and activities.

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Defense Nuclear Nonproliferation

The NNSA is directed to provide a report by April 1, 2011,
with (1) the measures and indicators it will use to assess
the progress in meeting the 4 year goal of securing all
vulnerable nuclear materials, (2) the progress it has made
toward meeting the goals 2 years into the effort, and (3)
additional measures it must take and funding requirements for
the last 2 years. Such measures should include the fraction
of the total number of sites in the world with nuclear
weapons or weapons-usable materials where all of those stocks
have been eliminated and the fraction that have demonstrated
that their security systems are performing effectively and
could protect against a broad range of outsider and insider
threats.

NONPROLIFERATION AND VERIFICATION RESEARCH AND DEVELOPMENT

The bill includes $10,000,000 for National Nuclear Security
Administration (NNSA) laboratories to use their expertise for
space situational awareness and at least $500,000 for the
Global Seismographic Network equipment replacement. The NNSA
is directed to submit a report with the fiscal year 2012
budget to the Committees on Appropriations on each project
with the baseline cost, scope and schedule, deliverables, the
public or private entity performing the research and
development, and the proposed user.

INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND COOPERATION

The NNSA is directed to submit a report to the Committees
on Appropriations not later than 90 days of enactment on (1)
whether Russia has taken steps to implement the Joint
Transition Plan, (2) the remaining challenges in sustaining
security upgrades and how NNSA plans to address those
challenges, and (3) U.S. resources, whether direct or
indirect, needed after fiscal year 2012 to support U.S.-
funded MPC&A activities.

FISSILE MATERIALS DISPOSITION

The bill provides $918,213,000 for Fissile Materials
Disposition. The bill includes $248,940,000 for U.S. Surplus
Fissile Material Disposition, of which $82,999,000 is for the
Pit Disassembly and Conversion facility (PDCF). This
reduction is due to adjustments in the schedule and scope of
the PDCF project that result in the deferment of costs into
fiscal year 2012.
The NNSA is directed to submit a report to the Committees
on Appropriations not later than 90 days after enactment of
this Act on what actions it has taken to inform utilities
about the MOX fuel program and related incentives and how it
plans to increase the number of customers for MOX fuel.
The bill includes $30,500,000 for Russian Surplus Fissile
Material Disposition. There is strong support for the
nonproliferation goal of this program to dispose of 34 metric
tons of Russian surplus weapons-usable plutonium. However,
this bill does not provide the funding request for this
program because of delays in establishing the infrastructure
and milestones required for Russia to receive U.S.
contributions and the NNSA does not plan on providing any
funding to Russia until fiscal year 2012. The NNSA is
directed to submit a report to the Committees on
Appropriations not later than 90 days after enactment of this
Act on how the United States will spend the $400,000,000 to
help Russia dispose of excess plutonium and the milestones in
the program that Russia must meet before the United States
releases any of these funds.

GLOBAL THREAT REDUCTION INITIATIVE

The bill includes $568,838,000 for the Global Threat
Reduction Initiative. The bill provides the requested funding
level for Highly-Enriched Uranium Reactor Conversion.
The bill includes $355,691,000 for Nuclear and Radiological
Material. If by the end of the third quarter of fiscal year
2011 NNSA has not entered into an agreement with South Africa
to remove South African highly enriched uranium, the NNSA is
directed to use $27,000,000 of the $108,000,000 appropriated
for gap nuclear material removal activities for domestic
material protection activities.
The bill includes $95,147,000 for Nuclear and Radiological
Material Protect of which not less than $35,147,000 should be
used for Domestic Material Protection in the United States.

USE OF PRIOR YEAR FUNDS

Use of prior-year balances.--The Department is directed to
use $20,000,000 of prior year balances associated with the
Elimination of Weapons Grade Plutonium Production Program.

Naval Reactors

The NNSA is directed to submit a report within 90 days of
enactment of this Act on its facilities recapitalization plan
including a project-by-project description; the funding
profile for the next five years; the prioritization scheme
employed to support the funding profile and schedule; the
operations and maintenance cost savings resulting from
replacing facilities; the environmental remediation costs
associated with recapitalization; and the project management
and controls in place to ensure projects are completed on-
cost and on-schedule.

Office of the Administrator

Support to Minority Colleges and Universities.--The bill
provides $25,000,000 for the Office of the Administrator's
support for Historically Black Colleges and Universities
(HBCU), Hispanic Serving Institutions (HSI), and minority
outreach at other colleges and universities. Of this amount,
$10,000,000 is for HBCUs, fully supporting the Dr. Samuel
Massie Chairs of Excellence; up to $10,000,000 is for HSIs;
and $5,000,000 is for the Educational Advancement Alliance
HBCU Graduate program, including a National Conference for
Potential Scholars and an endowment. Additionally, the bill
includes $6,000,000 in Weapons Activities, $3,000,000 in
Nonproliferation, and $1,000,000 in Naval Reactors to engage
HBCUs, and further directs the engagement of HSIs and
minority outreach at other colleges and universities in
research areas directly supporting program activities.
Congressionally Directed Projects.--The bill provides
$13,150,000 for the following congressionally directed
projects and activities.

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ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

(INCLUDING TRANSFER OF FUNDS)

The bill provides $5,620,135,000 for the Defense
Environmental Cleanup program, including $10,000,000 for
hazardous worker training.
Reprogramming Authority.--In fiscal year 2011, the
Department may transfer funding between operating expense-
funded projects within the controls listed below. All capital
construction line item projects remain separate controls from
the operating projects. The Committees on Appropriations must
be formally notified in advance of all reprogrammings, and
the Department is to take no financial action in anticipation
of a congressional response. The following are the
reprogramming control points: Closure Sites; Hanford site;
Idaho National Laboratory; NNSA sites; Oak Ridge Reservation;
Office of River Protection; Savannah River site; Waste
Isolation Pilot Plant; Program Direction; Program Support;
Technology Development and Deployment; Safeguards and
Security; and all capital construction line items, regardless
of site.
Internal Reprogramming.--Consistent with Section 301 of the
bill, Environmental Management (EM) site managers may
transfer up to $5,000,000, one time, between accounts listed
above to reduce health and/or safety risks, gain cost
savings, or complete projects as long as a program or project
is not increased or decreased by more than $5,000,000 in
total during the year. The reprogramming authority may not be
used to initiate new programs or to change funding for
programs specifically denied, limited, or increased by
Congress in the Act or report. The Committee on
Appropriations must be notified within 30 days after the use
of the internal reprogramming authority.
Prioritization of Cleanup Projects.--The Department is
directed to submit, within 120 days of enactment of this Act,
a report describing in detail how EM prioritizes its
projects, including a list of the factors considered in
prioritization and the relative weight assigned to each
factor.
Nuclear Waste Treatment.--The Department is directed to
report, within 15 days of a decision to modify current
policy, any modifications regarding waste loading within EM's
waste treatment strategy for high-level waste.
Hanford Site.-- The Department is directed to carry out
maintenance and public safety efforts at the B Reactor.
Funding for the Hazardous Materials Management and Emergency
Response facilities are provided for within available funds.
Oak Ridge Reservation.--The amount provided for cleanup
activities at ORNL shall include the 2000 Area slabs and
soils remediation and the Isotope Area decommissioning and
demolition.
Waste Isolation Pilot Plant.--The bill provides funding for
educational support and infrastructure improvements.
Technology Development and Deployment.--The Department is
directed to continue its partnership with industry to
transfer and demonstrate international technologies and
approaches to the cleanup program. The Committees on
Appropriations also encourage the Department to work with
industry to improve the transition of international
technology into practice.

Other Defense Activities

ACQUISITION WORKFORCE IMPROVEMENT

The Department did not submit a comprehensive plan to
justify a new, stand-alone initiative. Therefore, the bill
includes no funding for the acquisition workforce improvement
initiative under Other Defense Activities. The Committees on
Appropriations fully support a robust acquisition and
contracting workforce and will work with the Department to
ensure that program direction under the various accounts is
sufficient to meet the requirements of the agency to ensure
proper management and oversight of the acquisition process.

CONGRESSIONALLY DIRECTED PROJECTS

The bill provides $2,000,000 for the following
congressionally directed projects and activities.

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TITLE IV

INDEPENDENT AGENCIES

Funding levels for appropriations by independent agency
within this Act, and comparisons to last year's level and the
budget request, can be found in the table at the end of this
division. Additional items in the Act are discussed below.

Nuclear Regulatory Commission

SALARIES AND EXPENSES

The bill provides $1,053,483,000 for the Nuclear Regulatory
Commission (NRC) salaries and expenses. The additional
$10,000,000 of funding supplements the $5,000,000 included in
the budget request for NRC participation in an Integrated
University Program as directed by section 313 of Public Law
111-8. Further, $10,000,000 of this amount is to be used to
support university education programs relevant to the NRC
mission. In addition, not less than $5,000,000 of this amount
will be used for grants to support research projects that do
not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and
engineering. The NRC is encouraged to work with the
Department of Energy on Small Modular Reactors so that
technical issues can be resolved as early as possible. The
Commission is directed to continue to provide semi-annual
reports on the status of its licensing and other regulatory
activities.

Nuclear Waste Technical Review Board

The Committees on Appropriations expect NWTRB to be
involved in the Blue Ribbon Commission on America's Nuclear
Future on issues involving nuclear waste disposal. The NWTRB
shall support the Department of Energy and Nuclear Regulatory
Commission's effort to archive and preserve Yucca Mountain-
related documents and physical materials of scientific value.

Tennessee Valley Authority

NNSA Tritium Program.--The Tennessee Valley Authority is
directed to bill the National Nuclear Security Administration
(NNSA) on a quarterly basis for the work supporting the
NNSA's tritium program.
Reports.--The Inspector General is directed to forward
copies of all audit and inspection reports to the Committees
on Appropriations immediately after they are issued, and
immediately make the Committees aware of any review that
recommends cancellation of, or modification to, any major
acquisition project or grant, or which recommends significant
budgetary savings. The Inspector General is also directed to
withhold from public distribution for a period of 15 days any
final audit or investigation report that was requested by the
Committees on Appropriations.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

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DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2011

Following is an explanation of the effects of Division E,
which makes appropriations for financial services and general
government for fiscal year 2011. As provided in Section 4 of
the consolidated bill, this explanatory statement shall have
the same effect with respect to the allocation of funds and
the implementation of this division as if it were a joint
explanatory statement of a committee of conference.

Reprogramming Guidelines

The Act includes a provision (section 608) establishing the
authority of agencies to reprogram funds and the limitations
on that authority. The provision specifically requires the
advance approval of the Committees on Appropriations of any
proposal to reprogram funds that meets specified criteria.
Each agency is required to submit an operating plan to the
House and Senate Committees on Appropriations not later than
60 days after the enactment of this Act. This operating plan
establishes the baseline for application of reprogramming and
transfer authorities provided in this Act. Specifically, each
agency should provide a table for each appropriation with
columns displaying the budget request; adjustments made by
Congress; adjustments for rescissions, if appropriate; and
the fiscal year enacted level. The table shall delineate the
appropriation both by object class and by program, project,
and activity. The report must also identify items of special
congressional interest.
Agencies should submit reprogramming requests in a timely
manner and provide a thorough explanation of the proposed
reallocations, including a detailed justification of
increases and reductions and the specific impact the proposed
changes will have on the budget request for the following
fiscal year. Except in emergency situations, reprogramming
requests should be submitted no later than June 30. When an
agency submits a reprogramming or transfer request to the
Committees on Appropriations and does not receive identical
responses from the House and the Senate Committees, it is the
responsibility of the agency to reconcile the House and the
Senate differences before proceeding, and if reconciliation
is not possible, to consider the request to reprogram funds
denied.

Agency Reports

As a measure to reduce costs and conserve paper, agencies
funded by this Act that currently provide separate copies of
periodic reports (such as Performance and Accountability
Reports) to the Chairs of the House and Senate Appropriations
Committees and Subcommittees on Financial Services and
General Government, and also to the Ranking Members of the
Committees and Subcommittees, should send only one copy
jointly addressed to the Chairs of the Committee and
Subcommittee and one copy jointly addressed to the Ranking
Members of the Committee and Subcommittee (separate copies
should be sent to the House and the Senate). This will reduce
by half (from eight to four) the copies of periodic reports
agencies send to the Committees.

Comparisons

Funding levels for appropriations by account and
comparisons to last year's levels and the budget request can
be found in the table at the end of this division.

TITLE I

DEPARTMENT OF THE TREASURY

Departmental Offices

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

Office of Financial Education and Financial Access.--Within
the Financial Policies and Programs budget activity, the Act
provides an increase of $1,000,000 above the amount assumed
in the budget request for the Department's Office of
Financial Education and Financial Access.
Operating Plan.--The Department is directed to submit to
the Committees on Appropriations an operating plan for the
fiscal year 2011 resources provided to the Department,
including all offices and bureaus, not more than 60 days
after enactment. This requirement is further addressed by
section 608 of this Act. The plan must include information on
program increases and major procurements at the Department
and incorporate input from all senior level managers of the
Department and, once submitted, be made available to those
managers.
Office of Foreign Assets Control and Cuba Sanctions.--The
resource allocation decisions of the Office of Foreign Assets
Control (OFAC) should be made on the basis of the most
pressing national security threats facing the United States.
The Government Accountability Office (GAO) had previously
reported, in November 2007, that Cuba embargo-related cases
constituted 61 percent of OFAC's investigatory caseload,
while comprising only three percent of the investigation
caseload of the Commerce Department's Bureau of Industry and
Security/Office of Export Enforcement and just 0.2 percent of
the investigation caseload of the Department of Homeland
Security's Bureau of Immigration and Customs Enforcement.
While a 2009 regulatory change ensures that Americans will
no longer be subject to OFAC enforcement action for visiting
family members in Cuba, Cuba embargo enforcement cases are
still a disproportionate focus of OFAC's work, effectively
limiting OFAC efforts in other areas more critical to the
national security needs of the United States. The November
2007 GAO report recommended that the Secretary of the
Treasury direct OFAC to assess its allocation of resources
for investigating and penalizing violations of the Cuba
embargo with respect to the numerous other sanctions programs
OFAC administers. The Department is directed to report to the
Appropriations Committees, within 60 days of enactment, as to
steps it is taking to realign OFAC's resources toward the
most urgent national security needs.
Economic Sanctions and Divestments.--The Department is
directed to fully implement the sanctions and divestment
measures applicable to North Korea, Burma, Iran, Sudan, and
Zimbabwe. The Department is further directed to promptly
notify the Appropriations Committees of any resource
constraints that adversely impact the implementation of these
sanctions programs.
Management of Capital Investments and Information
Security.--The Treasury Office of Inspector General (OIG)
continues to cite the Department's management of capital
investments and information security as top management
challenges. The Chief Information Officer is directed to
ensure that adequate oversight and resources are devoted both
to projects in the capital phase and to proper maintenance
and modernization of existing systems and that all projects
are tracked properly and described completely in the annual
Capital Investment Plan required under section 118 of this
Act.
Management of the Financial Crisis.--Treasury's OIG
continues to identify the management of the Treasury's new
authorities related to distressed financial markets as a
major management challenge facing the Department. Under these
programs, the Department has an unprecedented role in
managing billions in taxpayer dollars. The Department is
directed to ensure that these programs are administered
soundly and efficiently in order to minimize risks to the
taxpayer. The Department's management is directed to maintain
focus on the Treasury's other critical missions--including
terrorism and financial intelligence and assistance to
community development financial institutions--in addition to
management of policies and programs related to stabilizing
the economy.
Charitable Donors and Blocked Assets.--The Office of
Terrorism and Financial Intelligence faces complex challenges
in thwarting terrorist activity without obstructing law-
abiding organizations that perform legitimate charity work.
The Department is directed to report to the Appropriations
Committees, within nine months of the date of enactment, with
the following information: (1) the total amount of charitable
funds that are blocked, (2) the total amount of funds of
U.S.-based charities that are blocked, and (3) the total
amount of charitable funds that have gone from being blocked
to forfeiture since 2000.
Proceeds of Corruption.--Corrupt politicians, terrorists
and those involved in organized crime are often able to hide
their identity behind a corporate veil, allowing them to
enjoy the proceeds of corruption and bribery, including on
U.S. soil. The Department is directed to use its rulemaking
authority to strengthen customer due diligence requirements
for U.S. financial institutions, consistent with applicable
statutory authorities and international standards, including
by identifying the beneficial owner of corporate vehicles,
where appropriate.
The Department is also directed, in consultation with the
other members of the United States delegation to the
Financial Action Task Force (FATF), to take a leadership role
in prioritizing prevention of the illicit flow of corrupt
funds, including by strengthening FATF anti-corruption
requirements and by conducting an extensive typology exercise
on foreign corruption. The typology exercise will inform
financial institutions on how to recognize the proceeds of
corruption and therefore help prevent the flow of illicit
funds into the United States. The U.S. delegation is urged to
work with other member states to assess the implementation of
the FATF's 40+9 Recommendations in practice, as well as in
law, to ensure that the task force's recommendations are
being effectively implemented and enforced by all countries.
The Department is further directed to provide a written
report to the Appropriations Committees as well as to the
House Financial Services Committee and the Senate Committee
on Banking, Housing, and Urban Affairs within 180 days of
enactment on activities related to preventing the flow of
proceeds of corruption into the United States, specifically
including activities related to identifying the beneficial
ownership of corporate vehicles, where appropriate, and
participation in FATF activities and initiatives.
Foreclosure Crisis.--In implementing changes to the Home
Affordable Modification Program (HAMP), the Department is
directed to focus on mortgage modifications and principal
reductions when it is financially beneficial to the borrower
and lender.

[[Page 20541]]

The Department is also directed to ensure that servicers
comply with HAMP agreements and to provide outreach to
educate servicers about their responsibilities under the
program.
Departmental Responsiveness.--Language included in Senate
Report 111-238 is reiterated regarding the responsiveness of
the Department to questions and requests for information.
Stored Value Cards.--Pursuant to the Credit Card
Accountability Responsibility and Disclosure Act of 2009
(Public Law 111-24), the Department was required to issue
regulations implementing the Bank Secrecy Act regarding the
sale, issuance, redemption, or international transport of
stored value, including stored value cards. The Department is
directed to address the issue of international transport of
stored value devices, which continues to be a major concern
for law enforcement agencies. The Department is directed, in
coordination with the Department of Homeland Security, to
submit a written report to the Appropriations Committees, not
later than 90 days after enactment of this Act, on the status
of the regulations on the international transportation of
stored value devices.

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The Act provides $11,000,000 for systems and capital
investments. Within the overall amount, $6,000,000 is
provided for the Financial Innovation and Transformation
Program instead of $17,000,000 as included in the budget
request. The funding provided for this program will allow the
Department to develop a comprehensive plan and begin
implementing Government-wide solutions for processing
financial transactions. Future funding recommendations will
be considered for the program based on its progress and
performance in fiscal year 2011 and on detailed spending
plans for future years. Within 60 days of enactment, the
Department shall provide a detailed budget justification for
funding provided in fiscal year 2011, including specific cost
estimates for each portion or discrete project within the
program.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The Act provides $32,269,000 for the Office of Inspector
General (OIG). The increase above the budget request is
provided to support additional audits and investigations
beyond the limited scope supportable within current
resources, given the OIG's increased workload resulting from
required reviews of certain bank failures. The OIG is
directed to place the highest priority for such additional
audits on the Bank Secrecy Act Information Technology
Modernization project currently being planned and implemented
by the Financial Crimes Enforcement Network. The OIG is
further directed to submit a written report to the
Appropriations Committees regarding this project, including
contractor oversight and progress regarding budget and
schedule, on March 31, 2011 and semiannually thereafter. In
addition, the OIG is directed to perform audits on Treasury's
anti-money laundering and counterterrorist financing
activities, capital investment spending and planning, the
Community Development Financial Institutions Fund, and areas
identified by the OIG as presenting a high risk to taxpayer-
funded spending.

Financial Crimes Enforcement Network

SALARIES AND EXPENSES

The Act provides $121,000,000 for salaries and expenses of
the Financial Crimes Enforcement Network (FinCEN). Of the
amount provided, $45,835,000 is included to support FinCEN's
efforts to modernize the technical environment for
implementation of the Bank Secrecy Act (BSA) in accordance
with the estimate provided for that project for fiscal year
2011.
The proposal to fund the BSA Information Technology
Modernization Project using proceeds of the Treasury
Forfeiture Fund is rejected. Of the increase above the
request, $19,750,000 is for the BSA Information Technology
Modernization project. FinCEN is also directed to submit a
semiannual report to the Appropriations Committees
summarizing the agency's progress regarding the project,
including milestones planned and achieved, progress on cost
and schedule, management of contractor oversight, strategies
to involve stakeholders, and acquisition management efforts.
An increase above the request is included to enhance
efforts to fight fraud and illicit financing by expanding
FinCEN's analytical support to the network of more than 300
law enforcement and regulatory authorities comprised of
Federal, state, and local agencies, United States Attorneys
offices, State attorneys general, and local district
attorneys.

Treasury Forfeiture Fund

(RESCISSION)

The Act includes a rescission of $370,000,000 of the
unobligated balances in the Treasury Forfeiture Fund. The
Committees direct the Department to include information in
the fiscal year 2012 budget request, as well as updates every
60 days thereafter, on the status of the Treasury Forfeiture
Fund balances, including the projected amount of Super
Surplus available for obligation in fiscal year 2012.

Alcohol and Tobacco Tax and Trade Bureau

SALARIES AND EXPENSES

The Department is directed to place a high priority on the
bureau's criminal enforcement activities and to include
funding in the Department's fiscal year 2012 budget request
to annualize the cost of new special agents and related
support personnel funded in the fiscal year 2010
Appropriations Act.

Community Development Financial Institutions Fund Program Account

The Act provides $277,400,000 for the Community Development
Financial Institutions (CDFI) Fund program. Within this
amount, up to $26,000,000 is for Administrative expenses and
$12,000,000 is for technical assistance and other purposes
for Native American, Native Hawaiian, and Alaskan Native
communities.
In addition, of the funds provided, $1,000,000 is included
for a competitive grants program, aimed at providing
financial counseling services to prospective homebuyers, as
authorized by Public Law 110-289.
Further, of the funds provided, $25,000,000 is included for
the Healthy Food Financing Initiative, which is to increase
the availability of affordable, healthy foods in underserved
urban and rural communities, particularly through grants and
technical assistance to CDFIs for the development or
equipping of grocery stores and other healthy food retailers.
The Appropriations Committees require detailed information on
how this program is being executed; therefore, the Department
of Treasury is directed to provide the Committees with a
status report within 60 days of enactment of this Act,
including the specific criteria that is used to make grant
awards.
Also, $52,400,000 is provided for a new initiative called
``Bank on USA'' that will promote access to affordable and
appropriate financial services and basic consumer credit
products for households without access to such products and
services. Of funding recommended for the Bank on USA program,
$2,400,000 is provided for an eligible entity or entities
located in Hawaii. The CDFI Fund is directed to submit a
detailed spending plan on the Bank on USA program to the
Committees within 120 days of enactment.
Within the amount provided, $5,000,000 is for grants to
qualified CDFIs for the purpose of building sufficient
capital to support loans of $2,500 or less pursuant to
section 1206 of Public Law 111.203. Such ``small dollar
loans'' will provide consumers access to mainstream financial
institutions and alternatives to payday loans and other
predatory lending.
The Committees on Appropriations recommend continuing the
temporary waiver of matching fund requirements for CDFI
programs so that CDFIs can continue to invest in and assist
underserved communities during the economic crisis, but
intend to reinstate matching fund requirements when capital
markets return to normal function.
The Department is directed to fund the Bank Enterprise
Award program at a level not less than $22,000,000.
Poverty, lack of economic opportunity, and lack of low-cost
financial services continue to be problems across much of the
Nation, particularly in the Territories, and in many
Hispanic-American, African-American, Native American, Asian
American, Pacific Islander and other minority communities.
The Appropriations Committees appreciate the ongoing efforts
of the CDFI Fund to work to remedy the particular problems in
these communities and strongly encourage the CDFI Fund to
continue to place a heavy emphasis on these efforts.

Internal Revenue Service

TAXPAYER SERVICES

The Act includes $2,338,215,000 for Taxpayer Services.
Within the overall amount, not less than $10,500,000 is for
low-income taxpayer clinic grants, and not less than
$6,500,000 is for the Tax Counseling for the Elderly program.
Not less than $212,500,000 is provided for operating expenses
of the IRS Taxpayer Advocate Service.
In addition, within the overall amount, $14,000,000,
available until September 30, 2012, is included to continue
the Community Volunteer Income Tax Assistance matching grants
program. In administering this program, the IRS is not
permitted to treat any in-kind contributions from the IRS as
counting toward the $14,000,000 appropriation, nor shall the
IRS reduce any current contributions toward tax return
preparation services.
The funding level also includes an additional $3,500,000 on
top of the Administration's budget request for further
improvements in the IRS telephone hotline level of service.
The IRS is directed to continue working on efforts to
maximize the level of service on the 1-800 line and is
further directed to include in the fiscal year 2011 Operating
Plan a specific plan for the use of these additional funds,
along with the projected level of service.
The IRS is directed that, if it proposes reductions in
taxpayer services, such reductions must be consistent with
the budget justification, operating plan, and Taxpayer
Assistance Blueprint, and the IRS must demonstrate that such
reductions will not result in a decline in voluntary
compliance. Where such reductions involve a reduction in
face-to-face service, the IRS must demonstrate that the
proposed reductions do not adversely impact compliance by
taxpayers who are dependent on such services.

[[Page 20542]]

The IRS, in conjunction with the IRS Oversight Board and
the IRS Taxpayer Advocate, is directed to report to the
Appropriations Committees with annual updates to the Taxpayer
Assistance Blueprint, beginning with the submission of the
fiscal year 2012 budget. Such updates should identify any
changes to the strategic plan for taxpayer service, including
the results of any new research and relevant findings, and
any open issues requiring additional research.
The IRS is directed to provide an annual report to the
Appropriations Committees on its efforts to protect and
increase staffing levels at the Martinsburg and Beckley, West
Virginia IRS facilities. Given the remote distance of Alaska
and Hawaii from the U.S. mainland and the difficulty
experienced by Alaska and Hawaii taxpayers in receiving
needed tax assistance by the national toll-free line, the IRS
is directed to continue to staff each Taxpayer Advocate
Service Center in each of these States with a Collection
Technical Advisor and an Examination Technical Advisor in
addition to the current staffing complement.
E-Filing.--The IRS is directed, in consultation with
stakeholders, including the National Taxpayer Advocate, to
implement a strategy to achieve the 80 percent e-file goal.
Impact on IRS of Healthcare Implementation.--The
Administration, the Secretary of the Treasury, and the IRS
Commissioner are strongly urged to evaluate the impact of
healthcare mandates on the IRS's overall mission and take all
appropriate actions to prevent any decline in the quality and
effectiveness of service or taxpayer perception. The IRS is
directed to specifically identify in its fiscal year 2012
budget submission and operating plan any proposed increases
in spending to be designated to implement the healthcare
mandates, as well as any proposed changes in spending or
prioritization in other mission-critical IRS programs as a
result of the healthcare responsibilities.
Taxpayers Facing Economic Distress.--The Committees
appreciate the steps the IRS has taken to assist unemployed
taxpayers and others facing financial hardship. At the same
time, however, the Committees are concerned by the finding of
the IRS Taxpayer Advocate that the IRS lacks a strategic,
cross-functional approach toward meeting the needs of low-
income taxpayers. The IRS is directed to report to the
Appropriations Committees, within 90 days of enactment of
this Act, as to the steps it is taking to address the
recommendations of the Taxpayer Advocate in this area.
Oversight of First-Time Homebuyer Tax Credit.--Congress has
enacted a series of legislative provisions that have enabled
first-time homebuyers to claim a refundable credit on their
2008, 2009, or 2010 individual Federal tax returns. The
Committees acknowledge that the IRS has taken steps,
including installing filters to intercept fraud, to improve
its oversight of the program, since a TIGTA report issued in
September 2009 identified deficiencies. However, a new TIGTA
report issued in June 2010 found a significant and disturbing
level of fraudulent and erroneous payments in the First-Time
Homebuyer Credit Program. The IRS is directed to intensify
its scrutiny of questionable claims for this credit to reduce
the incidence of fraud and erroneous payments under this
beneficial program.

enforcement

(including transfer of funds)

The Act provides $5,709,547,000 for Enforcement. Within the
amount provided, $97,527,000 is for a new initiative, as
discussed in the Administration's budget request, to target
offshore tax evasion. The IRS is directed to provide the
Appropriations Committees with detailed information about the
actual costs, revenues, and return on investment after the
first and successive years of the implementation of the new
enforcement initiatives.
Misclassification of Contractors.--The IRS is directed,
prior to making any staffing reductions at the SS-8
processing locations, to provide a report to the
Appropriations Committees that details the past five years of
staffing levels and employee productivity, SS-8 receipt
volumes, and rationale for the proposed workforce changes.

operations support

The IRS is directed to include, as part of its fiscal year
2011 operating plan, details on any planned reorganization,
job reductions or increases to offices or activities within
the agency, and modifications to any service or enforcement
activity. The IRS is further directed to obtain and include
comments of the IRS Oversight Board as part of its operating
plan submission to the Appropriations Committees. The IRS
should promptly notify the Appropriations Committees and the
IRS Oversight Board of any substantial changes to these
plans.
IRS Information Technology Infrastructure.--The
Administration and the IRS are directed to include within the
fiscal year 2012 budget request a proposed long-term
multiyear funding strategy within the Operations Support
account to upgrade and modernize the aging legacy IRS
information technology infrastructure.
IRS Information Security.--The IRS continues to make
progress in working to fix its information security
vulnerabilities. At the same time, however, reports from GAO
and TIGTA show that further improvements are still needed.
For example, GAO reported in March 2010 that, of the
previously identified security weaknesses and program
deficiencies reported as unresolved at the completion of
GAO's prior-year audit, 69 percent remained unresolved or
unmitigated. The IRS is directed to report to the
Appropriations Committees, within 90 days of enactment of
this Act, on the steps being taken to further improve IRS
information security, including IRS actions regarding the GAO
findings that remained unresolved or unmitigated as of the
March 2010 GAO report.

business systems modernization

Business Systems Modernization (BSM) is the IRS's highest
management and administrative priority. The BSM program is
presently at a critical juncture in its evolution, and
funding is provided to permit the IRS to complete the new
taxpayer account database for the 2012 filing season. The
replacement of the aging, vintage 1969 individual master file
with the new customer account database will permit more
frequent updating of individual tax accounts. With this
relational database as its centerpiece, systems modernization
by the IRS promotes enhanced customer service delivery, more
expeditious refund processing, and improved administration of
the tax system. The Department is directed to notify the
Committees, if BSM management funds are reallocated to the
capital asset acquisition program, at least seven days prior
to such reallocation.

administrative provisions--internal revenue service

(including transfer of funds)

Long-standing administrative provisions are continued in
sections 101 through 105.

Administrative Provisions--Department of the Treasury

(including transfers of funds)

Long-standing administrative provisions are continued, with
one modification: section 107, allowing for transfer
authority among non-IRS bureaus of the Treasury Department,
has been modified to include the SIGTARP as well. In
addition, the following administrative provisions are
included:
--section 117 allowing Treasury law enforcement
organizations to utilize funding for the Treasury Forfeiture
Fund only upon the advance approval of the Appropriations
Committees, and
--section 118 requiring the Secretary to submit a Capital
Investment Plan to the Appropriations Committees.

TITLE II

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT

The White House

Salaries and expenses

The Act provides $59,859,000 for The White House. This
amount includes $1,400,000 for the White House Office of
National AIDS Policy. The Administration is directed to
continue to coordinate a government-wide effort to develop
and implement a domestic AIDS strategy, including the
development of targets for improved prevention and treatment
outcomes.
The Committees on Appropriations expect that officials
designated by the President to coordinate policy agendas
across executive departments and agencies will keep Congress
fully and currently informed of such activities. The
Committees direct each official designated by the President
to serve in a position not recognized by statute and who is
responsible for interagency development or coordination of
any rule, regulation, or policy to submit a semiannual report
describing the activities of the official and the office of
such official, including a detailed explanation of the
development or issuance of any rule, regulation, directive or
policy on which that official or the office of such official
participated or assisted. The first such report shall be
submitted not later than March 31, 2011.

Office of Administration

salaries and expenses

The Act provides $115,280,000 for the Office of
Administration. Included in this amount is $12,777,000 for
continued modernization of information technology
infrastructure.
As part of its annual budget submission, the Office of
Administration is directed to provide an annual report to the
Committees on Appropriations, detailing its progress on
information technology modernization, including the amounts
obligated and expended (and for what purposes), specific
milestones achieved, and requirements and specific plans for
further investment.
The Office of Administration is directed to place a top
priority on the implementation of comprehensive policies and
procedures for the preservation of all records, including
electronic records, as required by law, and to work closely
with the National Archives and Records Administration in
doing so. The Office of Administration is expected to keep
the Committees on Appropriations fully apprised of funding
needs related to records preservation.

Office of Management and Budget

salaries and expenses

The Act provides $92,863,000 for the Office of Management
and Budget (OMB). OMB is

[[Page 20543]]

expected to provide timely and complete responses to the
Committees to all requests for information, including
requests related to the budget request for OMB and the
Executive Office of the President.
In October, 2009, the President issued Executive Order
13514 to require Federal agencies to achieve goals and
targets for environmental sustainability and energy
efficiency. Agencies are required to report to the Director
of OMB and the Chair of the Council on Environmental Quality
on their plans to meet these goals by June of each year. To
monitor compliance with this Executive Order, GAO is directed
to report to the Committees on Appropriations in September of
each year from 2011 through 2013.
OMB is directed to submit a written report to the
Committees within 120 days of enactment specifying a plan to
modernize the Federal Government's core budgeting system.
OMB is directed to summarize, by agency, the results of the
Presidential memorandum regarding disposal of unneeded
Federal real estate, the real property cost savings and
innovation plans in a report due to the Committees not later
than 45 days after enactment.

Government-Wide Management Councils

(including transfer of funds)

The Act provides $17,000,000 for Government-wide Management
Councils. The Executive Office of the President is directed
to continue to include a budgetary justification for each
council in the annual budget request and to clearly note in
the budget justification any items requested in the budget
for Government-wide initiatives led or coordinated through
the councils.

Office of National Drug Control Policy

salaries and expenses

The Act provides $27,900,000 for Office of National Drug
Control Policy (ONDCP) salaries and expenses.
ONDCP submitted a report to the Committees on
Appropriations to address recommendations of the study
conducted by the National Academy of Public Administration,
and while some positive steps have been taken, room for
improvement still exists. The Committees direct ONDCP to
provide an updated report by May 13, 2011 on further actions
and improvements taken.
The Committees on Appropriations remain concerned about the
lateness of reports required by the Committees as well as the
lengthy clearance process, both of which delay the receipt of
information required by the Committees in a timely manner in
order to make proper funding decisions.
ONDCP is directed to continue the quarterly staffing
reports, including current levels, vacancies, new hires, and
plans for new hires.

federal drug control programs

high intensity drug trafficking areas program

(including transfers of funds)

The Act provides $239,000,000 for the High Intensity Drug
Trafficking Areas (HIDTA) Program. ONDCP is directed to
provide funding for the existing HIDTAs at no less than the
fiscal year 2010 level. Additionally, ONDCP is directed to
consult with HIDTAs in advance of deciding programmatic
spending allocations for discretionary funding.
ONDCP is directed that HIDTA funds be transferred to the
appropriate drug control agencies expeditiously.

other federal drug control programs

(including transfers of funds)

The Act provides $150,825,000 for Other Federal Drug
Control Programs. The following allocations are made within
the amount provided:
National Youth Anti-Drug Media Campaign.....................$40,000,000
Drug-Free Communities Program................................96,000,000
(National Community Anti-Drug Coalition training...........2,000,000)
National Drug Court Institute.................................1,500,000
United States Anti-Doping Agency.............................10,000,000
World Anti-Doping Agency (U.S. membership dues)...............1,900,000
National Alliance for Model State Drug Laws...................1,187,500
Performance Measures Development................................237,500
The Act provides $40,000,000 for the media campaign, which
should include methamphetamine prevention ads. ONDCP is
directed that not more than 10 percent of the amount
appropriated for the media campaign may be used for
administrative costs.
The Act provides $1,187,500 to the National Alliance for
Model State Drug Laws (NAMSDL). ONDCP is directed to provide
the entire amount directly to NAMSDL within 30 days of
enactment of this Act.

Integrated, Efficient and Effective Uses of Information Technology

(including transfer of funds)

The Act provides $37,500,000 for the Integrated, Efficient
and Effective Uses of Information Technology (IEEUIT) program
to improve the Federal Government's investments in
information technology, as directed by the Director of the
Office of Management and Budget.
The Executive Office of the President is expected to
regularly apprise the Committees on Appropriations of how
Government-wide efforts under the IEEUIT affect agency-
specific projects and missions on a case-by-case basis and
directs IEEUIT shall not be a substitute for the Committees'
routine consideration of agency needs in accordance with the
regular budget process. Finally, the Executive Office of the
President is directed to notify the Committees immediately
upon any change in an agency spending plan pursuant to the
IEEUIT or any other effort to modernize, streamline, or
improve Federal IT projects.

Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President

(including transfers of funds)

Long-standing administrative provisions are included
unchanged unless otherwise noted below.
Section 204 continues and modifies long-standing language
specifying that not to exceed $1,000,000 of ONDCP
appropriations may be reprogrammed upon advance approval of
the Committees on Appropriations.

TITLE III

THE JUDICIARY

Supreme Court of the United States

salaries and expenses

The Act includes $77,758,000 for the salaries and expenses
of the Supreme Court, which includes funding to provide
twelve new police officers to staff new posts and increase
staffing at additional posts.
The Committees on Appropriations continue to include Act
language making $2,000,000 available until expended for the
purpose of making information technology investments. The
Committees request that the Court include an annual report
with its budget justification materials, showing information
technology carryover balances and describing in detail each
expenditure made in the previous fiscal year and planned
expenditures in the budget year.
As noted in Senate Report 111-238, filed on July 29, 2010,
during the past year, difficulties have been encountered in
securing detailed and specific information in response to
questions. Without more information, the ability to assess
the project management, and track and document prior spending
is hampered. Resources cannot be allocated prudently without
receiving detailed justifications for requests and plans for
expenditures from any agency or entity requesting resources.
As a result, certain fiscal year 2011 funding will be
available only upon receipt of a detailed report as required
under the ``Care of Building and Grounds'' account.

care of the building and grounds

The Committees on Appropriations are aware that numerous
major capital improvement projects have been ongoing at the
Court, but has not been presented with a clear understanding
of the details of the projects and their budgets. The Court
is directed to provide to the Committees a detailed report
not later than 90 days after enactment of this Act, on each
major capital project, including descriptions; timelines;
milestones; and funding committed, obligated, and expended,
as well as any unobligated balances. The report should
include the complete modernization project and also address
any additional capital enhancement projects planned for the
future. The report shall be updated and provided to the
Committees on June 15, 2011, and again on September 30, 2011.

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

(including transfer of funds)

The Act provides $5,177,568,000 for the salaries and
expenses of the Courts of Appeals, District Courts, and Other
Judicial Services, which does not include a cost-of-living-
adjustment for judges.
The Committees on Appropriations direct the Judiciary to
take into account the exigent circumstances of the Fort
Lauderdale courthouse as it considers recommendations for
future feasibility studies.
The Committees on Appropriations are interested in
obtaining data from the Federal Judiciary on contract awards
to minority-owned and women-owned businesses, and are
dismayed that a procurement module will not be implemented in
the courts until 2013. As an interim measure, the
Administrative Office of the Courts (AO) is directed to
implement a process for fiscal year 2011 for the courts to
compile and report on contract awards, including awards to
minority-owned and women-owned businesses, and to provide a
report to the Committees on Appropriations no later than
November 30, 2011 on fiscal year 2011 contracting actions in
the Federal courts.
The Committees on Appropriations are concerned about racial
and ethnic diversity of law clerks for Federal judges, and
believes that the Judiciary could, and should, do more to
attract minority candidates. Accordingly, the Committees
direct the AO to submit a report within 120 days of enactment
of this Act detailing the Federal Judiciary's plans to
increase the diversity of law clerks in the Federal courts.
The report should include the impact of a student loan
repayment program, and a discussion of the recruitment
process for law clerks as well as

[[Page 20544]]

initiatives underway to reach out to, and recruit, minorities
for Federal clerkship positions.

DEFENDER SERVICES

The Act provides $1,050,458,000 for Defender Services. The
Act provides an increase in the hourly rate for panel defense
attorneys in non-capital cases from $125 to $130 per hour,
which makes progress toward the full estimated ``catch up''
adjustment authorized by the Criminal Justice Act of $141 per
hour. Compensation for panel attorneys in capital cases is
adjusted for annual inflation.

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

The Judiciary is directed to develop a judiciary-wide
implementation plan for review based on the less costly
options in the recent Courthouse Perimeter Security Pilot
Project report that would provide unity of command, Court
Security Officer guards at all current Federal Protective
Service posts, and standardized security coverage. Section
306 authorizing the pilot is continued in order to allow the
Judiciary to maintain the pilot at the seven existing
locations and to allow for possible expansion of the pilot to
a limited number of new locations in order to examine the
cost-effectiveness of the less costly options.

Administrative Office of the United States Courts

Salaries and Expenses

The Act provides $86,968,000 for the salaries and expenses
of the Administrative Office of the United States Courts,
which includes funds for inflationary adjustments and four
court support positions.

Administrative Provisions--The Judiciary

(INCLUDING TRANSFER OF FUNDS)

Long-standing administrative provisions are included
unchanged unless otherwise noted below.
Section 307 continues language extending temporary
judgeships in Ohio, Kansas, and Hawaii.

TITLE IV

DISTRICT OF COLUMBIA

Federal Funds

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

The Act includes $35,100,000 for a Federal payment for
tuition support. As part of the annual budget submission, the
Mayor of the District of Columbia and the Office of the State
Superintendent of Education are directed to provide updates
on efforts to enhance retention and graduation rates and the
continued use of cost containment measures.

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA

The Act provides $15,000,000 for a Federal payment to the
District of Columbia for the costs associated with emergency
planning and security. The District of Columbia is directed
to provide a report to the Committees on Appropriations,
within 60 days of the end of the fiscal year, outlining the
purposes and amounts expended using the funds, including
details on any deviation from the initial justification.

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA COURTS

The Act provides $258,168,000 as a Federal payment to the
District of Columbia Courts. Within this amount, $12,998,000
is for the District of Columbia Court of Appeals,
$110,149,000 is for the District of Columbia Superior Court,
$65,371,000 is for the District of Columbia Court System and
$69,650,000 is for capital improvements to Court facilities.
Increases provided for capital improvements above the budget
request should be directed to renovations for the Moultrie
Courthouse cell block and completion of the security
perimeter.

FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF
COLUMBIA

The Act includes $40,690,000 for a Federal payment to the
District of Columbia Public Defender Service (PDS). The Act
provides authority in section 818 for the PDS to obtain
professional liability insurance for its attorneys, staff,
and board members.

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL

The Act provides $1,800,000 to the Criminal Justice
Coordinating Council (CJCC). As part of its annual budget
submission, the CJCC is directed to report on performance
measures and progress made on individual initiatives to the
Committees on Appropriations.

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER FOR THE
DISTRICT OF COLUMBIA

The Act provides $1,475,000 for a Federal payment to the
Office of the Chief Financial Officer (CFO) for the District
of Columbia. The funding is for grants to the following
organizations with the requirement that the funds be spent
primarily in the District of Columbia to benefit District
residents:

Recipient/Purpose Amount
Bread for the City, Washington, DC, Two-chair dental clinic serving
2,000 low income D.C. residents..............................$125,000
Children's National Medical Center, Washington, DC, cardiac critical
care center renovations.....................................1,000,000
Recreation Wish List Committee, Washington, DC, Academic, cultural,
fitness programs..............................................100,000
The University of the District of Columbia, Washington, DC, Urban
Teacher Residency Academy.....................................250,000

Each grantee is directed to submit a comprehensive budget
and report on the activities carried out with the funds no
later than 60 days after enactment of this Act and the
District CFO is directed to submit a comprehensive report no
later than June 1, 2011 to the Committees on Appropriations.

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

The Act includes $72,400,000 for a Federal payment for
school improvement. Within this amount, $43,000,000 is for
public schools, $20,000,000 is for public charter schools,
and $9,400,000 is to provide opportunity scholarships.
The District is directed to submit, no later than 60 days
after enactment of this Act, a comprehensive spending plan to
the Committees on Appropriations detailing how the funding
provided will be allocated and explaining what performance
measures will be used to evaluate the success of the outcomes
of the funding.

FEDERAL PAYMENT FOR HOUSING FOR THE HOMELESS

The Act provides $10,000,000 for a Federal payment for
housing for the homeless. The District of Columbia government
is directed to continue to submit quarterly reports detailing
the number of individuals and families provided housing
through this Federal payment.

FEDERAL PAYMENT FOR HOUSING FOR REDEVELOPMENT OF THE ST. ELIZABETHS
HOSPITAL CAMPUS

The Act provides $2,000,000 for a Federal payment for costs
associated with planning for the redevelopment of St.
Elizabeths Hospital's East Campus. The District of Columbia
government is directed to submit a spending plan for these
funds within 45 days of enactment of this Act.

FEDERAL PAYMENT FOR HOUSING FOR HIV/AIDS PREVENTION

The Act provides $5,000,000 for a Federal payment for HIV/
AIDS prevention initiatives in the District of Columbia. The
District of Columbia government is directed to submit a
spending plan for these funds within 45 days of enactment of
this Act.

District of Columbia Funds

This Act provides Federal funding totaling $169,650,000 for
the District of Columbia. As transmitted to the Mayor by the
District of Columbia Council, the District of Columbia's
fiscal year 2011 proposed budget and financial plan provides
$10,440,946,000 for operating expenses.

TITLE V

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

Salaries and Expenses

The CFTC is directed to submit a detailed spending plan
including staffing allocations and IT investments no later
than 30 days following enactment.

Consumer Product Safety Commission

SALARIES AND EXPENSES

(INCLUDING RESCISSION)

The Act provides $120,600,000 for the Consumer Product
Safety Commission (CPSC).
CPSC is directed to continue providing drywall reports on a
quarterly basis, although CPSC should update the
Appropriations Committees of notable developments should they
occur outside the quarterly reporting schedule.
GAO is directed to conduct a follow-up report, within 270
days of enactment, to its August 2009 report regarding CPSC's
oversight of imported products.
Within funds provided, the CPSC is directed to address the
needs of Limited English Proficient persons both through
additional staffing of the CPSC toll-free hotline and by
enhancing the CPSC website.
Within the funds provided, CPSC is directed to expand its
import safety activities above the levels assumed in the
fiscal year 2011 budget request. The CPSC is directed to
include, as part of its operating plan, specific descriptions
of its revised plans for using fiscal year 2011 funds to
enhance the safety of imported products.

Election Assistance Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The Act provides $17,100,000 for salaries and expenses of
the Election Assistance Commission (EAC), including $750,000
for the Help America Vote College Program and $300,000 for
mock election programs. The GAO is directed to evaluate the
effects of the Help America Vote Act (HAVA) on the
administration of elections to determine whether these
changes have improved the accuracy, accessibility, and
security of voting; and what challenges the Help America Vote
Act did not anticipate or did not address. The GAO should
include an assessment of whether the Federal funding provided
is sufficient to ensure that States hold open, fair, and
accurate elections in the future. The GAO is directed to
report its findings to the Committees on Appropriations
within 16 months of

[[Page 20545]]

enactment. The GAO is directed to perform an audit within six
months of the passage of this Act of the staffing mix within
the EAC to determine if the current staffing structure is
appropriate to meet the requirements established under HAVA.
The EAC is directed to keep the Committees informed of new
hires and significant staffing changes, and any other major
developments.

ELECTION REFORM PROGRAMS

The bill includes no funding for Election Reform programs,
consistent with the budget request. The Committees on
Appropriations note that due to budget constraints, many
States are having difficulty meeting the 5 percent matching
funds required to receive requirements payments. To ease this
burden, in fiscal year 2011, States may use the interest
earned on prior State appropriations to the Election Fund
required by Section 254(b) towards meeting the 5 percent
match requirement.

Federal Communications Commission

SALARIES AND EXPENSES

The Federal Communications Commission (FCC) oversees the
Universal Service Fund (USF), which allocates twenty times as
much as the FCC's own funding. The FCC's Broadband Plan
contemplates using the USF to pursue universal broadband
service. The GAO is directed to analyze spending by the USF,
how it sets priorities, how well it accomplishes the goals of
the USF, and the challenges and advantages in having the USF
pursue universal broadband service.
Within six months after the date of enactment, the FCC
shall report to the Appropriations Committees on the source
and scope of its existing authority to combat child
pornography and actions taken in the last two years under
that authority.
Because public, educational, and governmental (PEG)
stations perform an important service to American public
life, the Committees on Appropriations urge the FCC to
resolve as soon as practicable any complaints about
difficulty accessing PEG stations.
The FCC should have the goal that all persons living under
the American flag, including those living in the United
States territories, should have equal access to
communications services.
The Committees on Appropriations applaud the Commission's
work with the broadcasting industry to develop family-
friendly programming and direct the Commission to pursue
these efforts. As a result of the Commission's efforts, many
cable and satellite television operators are developing
family-friendly packages for consumers. The Committees direct
the Commission to continue its endeavors with the broadcast
industry to empower parents with the resources and tools to
effectively navigate the various broadcast channels.

ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION

Sections 501 and 502 continue long-standing administrative
provisions concerning the FCC.

Federal Trade Commission

SALARIES AND EXPENSES

The Act provides $316,500,000 for salaries and expenses of
the Federal Trade Commission (FTC). The Act also estimates
that the amount provided will be partially offset by
$96,000,000 of collections from Hart-Scott-Rodino premerger
filing fees and $21,000,000 of collections from Do-Not-Call
list fees. Of this amount, $19,174,000 is to cover relocation
costs associated with the upcoming expiration of the lease on
a building occupied by the FTC.
The FTC is directed to make its website more user friendly
to consumers. The Committees on Appropriations also encourage
the FTC to address the vulnerability of the Hispanic
population to fraud by making the amount of material and its
presentation on the FTC's Spanish language website as helpful
as that found on its English pages and by increasing outreach
to the Hispanic community and increasing law enforcement
efforts against unfair or deceptive practices that target
Spanish speakers.
The FTC is directed to conduct research into real-time
bidding, which is the practice of using constantly updated
online and offline data sources to facilitate automated
auctions through which the winner is able to deliver a
highly-targeted advertisement to a consumer.
The Committees on Appropriations continue to be concerned
with the potential for market manipulation and
anticompetitive behavior in the oil and natural gas
industries. The FTC is encouraged to continue its
investigations and other activities related to these concerns
and is directed to keep the Committees apprised of findings
made regarding fuel prices, as well as other planned
activities and investigations regarding the oil and gas
industries.
In September 2000, the FTC released a report entitled:
''Marketing Violent Entertainment to Children: A Review of
Self-Regulation and Industry Practices in the Motion Picture,
Music Recording & Electronic Game Industries.'' The FTC
should continue with, and expand upon, its efforts in this
area. The FTC is directed to continue to engage in consumer
research and workshops, underage shopper-retail compliance
surveys, and marketing data collection and analysis.

General Services Administration

The General Services Administration (GSA) is directed to
include in future GSA-owned and leased buildings, signage
displayed next to all banks of elevators or on elevator doors
in GSA buildings, at the entrance to all nonemergency use
public stairwells, and at the base of escalators, indicating
the location of and encouraging use of the stairs; and that
design of new buildings promote the use of stairs. The
Committees on Appropriations recommend that GSA aim to
achieve the above-mentioned directive by September 30, 2011.
In order to ascertain precisely how much progress has been
made and how much remains, GSA is directed to provide
quarterly reports on the percentage of Federal buildings with
such signage as well as on actions undertaken with regard to
the design of new facilities, with a view to increasing the
likely use of stairs.
GSA is directed to report within 120 days after enactment
of this Act the locations within the greater New Orleans
metropolitan area that have space available, either in an
existing office building or a site for the location of an
office building, that are compliant with the latest Federal
Anti-Terrorism/Force Protection standards, applicable
hurricane protections and USDA ISC security level guidelines
as of September 30, 2010.
The Committees on Appropriations are aware that Executive
Order 12072 requires an agency to give first consideration to
the centralized community business areas of cities when
choosing office location, are troubled by the possible
relocation of Federal Government offices outside of the
central business district in Rockford, Illinois, and are
aware of ample office space in downtown Rockford, including
the Stanley J. Roszkowski United States Courthouse. GSA is
expected to fully comply with Executive Order 12072 and is
directed to work with the city of Rockford to retain Federal
Government offices in the central business district.

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

GSA is directed to expand the use of on-site renewable
energy in Federal buildings, in order to reduce greenhouse
gas emissions and moderate energy price fluctuations.

CONSTRUCTION AND ACQUISITION

The Act limits funds for construction to $492,722,000 and
provides funds for the following projects:
Lakewood, Colorado, Denver Federal Center Remediation........$7,957,000
Washington, DC, St. Elizabeths DHS Consolidation and Develop267,675,000
Washington, DC, St. Elizabeths Historic Preservation Mitigatio4,990,000
Washington, DC, St. Elizabeths Highway Interchange............8,350,000
Calais, Maine, Ferry Point Land Port of Entry.................1,552,000
White Oak, Maryland, Food and Drug Administration Consolidat173,773,000
Detroit, Michigan, P.V. McNamara Federal Building FBI Garage..3,658,000
Martinsburg, West Virginia, IRS Annex........................24,767,000

GSA is prohibited from using any of the nearly $400,000,000
in funding which has been appropriated for the courthouse
project for the Central District of California, Los Angeles
division for any other purpose. Further, should the land
purchased for the courthouse project be sold, GSA is
prohibited from using the proceeds of the sale of the land to
be used for any other purpose than addressing the housing
needs of the Los Angeles division of the Central District of
California. The Committees on Appropriations are pleased that
the project scope has now been reduced, resulting in a lower
cost facility than previously estimated.
The Committees on Appropriations are concerned about the
number of years required for construction of land ports of
entry, and urges GSA to make every effort to streamline,
avoid duplication, and increase efficiency in the completion
of these projects, including coordination and cooperation
with other appropriate Federal agencies.
Concerns have been brought to the attention of the
Committees on Appropriations about a lack of community
planning regarding certain GSA work. With respect to the San
Ysidro Land Port of Entry, GSA is directed to work with the
surrounding community to develop a design plan that
incorporates the interests of surrounding commercial and
business areas and that incorporates community-supported
pedestrian, parking and transit design elements before
beginning construction.

REPAIRS AND ALTERATIONS

The Act limits resources for repairs and alterations to
$500,014,000 and provides funding for repairs and alterations
for the following projects:
Richmond, California, Frank Hagel Federal Building.........$113,620,000
Van Nuys, California, James C. Corman Federal Building.......11,039,000

[[Page 20546]]

Washington, DC, West Wing Design Phase II.....................6,245,000
Indianapolis, Indiana, Major Emmett J. Bean Federal Center...65,813,000
New York, New York, Daniel Patrick Moynihan United States Cou28,000,000
Energy and Water Retrofit....................................15,000,000
Fire Prevention Program......................................10,000,000
Wellness and Fitness Program..................................3,500,000
Judiciary Capital Security Program...........................20,000,000
Basic Repairs and Alterations...............................226,797,000
GSA shall submit a report to the Committees on
Appropriations within 90 days of enactment of this Act that
outlines its plan to allocate funding for the Judiciary
Capital Security Program.
Additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations.
The amounts provided in this or any prior Act for ``Repairs
and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the Appropriations Committees.

RENTAL OF SPACE

Leased space is now just over half of the Public Buildings
Service inventory occupied by agencies. In GSA's annual
performance report as part of its fiscal year 2011 budget
justification, GSA stated that administering leased space
loses revenue each year, operating at a 2.1 percent deficit
or $98 million a year. In order to achieve the original
purpose of the Fund, the GSA is encouraged to decrease the
amount of space that it leases.

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

The Committees on Appropriations remain supportive of the
Office of Federal High-Performance Green Buildings but note
its slow rate of spending. Therefore, GSA is directed to
submit to the Committees on Appropriations a detailed
expenditure plan for this Office within 30 days of enactment
of this Act, which should describe the budget, timeline,
objectives, and benefits of the Office. GSA is further
directed to provide quarterly reports on the obligation of
these funds.

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The Committees on Appropriations are supportive of the
concepts contemplated in the e-Gov account for fiscal year
2011. However, due to funding constraints as well as lack of
detail and clearly defined information regarding spending
requests, the Committees are reducing funding for e-Gov
programs for fiscal year 2011. GSA is directed to report to
the Committees on Appropriations within 120 days after
enactment of this Act on the feasibility of consolidating
Federal agency data centers into existing Government-owned/
Government-operated facilities with multiple Federal tenants
and is required to submit a spending plan prior to obligating
funds.

FEDERAL ACQUISITION WORKFORCE INITIATIVES FUND

(INCLUDING TRANSFERS OF FUNDS)

For fiscal year 2011, the Committees recommend $10,000,000.
This is a new initiative that is proposed to be housed in GSA
but carried out in coordination with the Office of Federal
Procurement Policy of OMB. The Federal Acquisition Workforce
Initiative is provided $6,000,000 to create and maintain the
contractor inventory database required by section 743 of
Division D of Public Law 111-117, and $4,000,000 for
salaries, curriculum development, competency management,
certification management and career management.

ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

Long-standing administrative provisions are included
unchanged unless otherwise noted below.
Section 517 clarifies the authorities of the Federal
Acquisition Workforce Training Fund, as requested by GSA.
Section 518 authorizes GSA to release GSA interests in real
property in Tracy, California at a fair market price.
Section 519 permits GSA to reprogram funds provided in
Public Law 111-5 with advance approval of the Committees on
Appropriations.
Section 520 rescinds $1,400,000 in unobligated balances
from Policy and Operations for Governor's Island and the
Lorton Correctional Facility.
Section 521 requires GSA to submit to Congress a building
project survey report on a consolidated headquarters for the
Federal Bureau of Investigation within 120 days and to
identify a preferred strategy.

National Archives and Records Administration

OPERATING EXPENSES

In its fiscal year 2012 budget justification, the National
Archives and Records Administration (NARA) is directed to
specifically address the resource needs of the Office of
Government Information Services.

ELECTRONIC RECORDS ARCHIVES

Because reliable access to electronic government records
far into the future, regardless of changes in technology, is
of utmost importance, the Appropriations Committees have
directed ongoing GAO program oversight and review of annual
Electronic Records Archives (ERA) spending plans. Past
deficiencies in clearly identifying specific functions to be
delivered has hampered the Committees' ability to assess the
extent of progress on ERA that should be expected through
particular investments.
NARA is directed to provide quarterly progress reports on
ERA beginning 60 days after enactment. The reports should
clearly state: (1) the functionality that is currently in
place, including the functionality that has recently been
added to ERA, (2) new functionality planned to be added in
the subsequent quarter, and (3) functionality that had been
planned for the most recent quarter but not added, along with
the reasons why it was not added, the problems encountered,
and the estimated cost increases and schedule delays as a
result.
Language included in Senate Report 111-238 is reiterated
regarding NARA's lack of a contingency plan for the ERA
system in the event of a failure or disruption. NARA is
directed to devote resources to establish a robust online
backup and restoration service and to ensure that adequate
capabilities are in place for managing restricted
information.
NARA is directed to promptly report to the Appropriations
Committees any delays, cost overruns, or other issues
impeding the progress of ERA.

Office of Personnel Management

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The Act provides a general fund appropriation of
$96,439,000 for salaries and expenses of the Office of
Personnel Management (OPM). The amount includes $6,004,000
for the Enterprise Human Resources Integration project and
$1,416,000 for the Human Resources Line of Business project.
The Act also provides $121,738,000 for administrative
expenses to be transferred from trust funds. This amount
includes $9,495,000 for the cost of implementing the new
integrated financial system as well as automating the
retirement record-keeping systems. The GAO should continue to
monitor and provide recommendations on OPM's efforts toward
developing and implementing the retirement modernization
program. OPM is directed to work with GAO to develop program
goals, performance measures, and project timelines and to
submit a report on its progress within 120 days of enactment.
OPM is also directed to continue to provide the Committees on
Appropriations and GAO with quarterly reports on the
implementation of the retirement modernization program, which
should reflect a detailed, complete, and accurate assessment
of the status of the program.
Additionally, OPM is directed to submit a report to the
Committees on Appropriations within 120 days of enactment on
ways in which it has streamlined Federal hiring practices,
including its efforts to create a central registry of
qualified applicants for the most recruited positions in the
Federal Government.
Background investigations for Federal civilian, military,
contract employment and eligibility for access to classified
national security information are performed by Federal and
contract investigators working throughout the United States
and abroad. Given the national security implications of this
work, OPM is directed to provide an updated report to the
Committees within 60 days of enactment on the number of fraud
cases involving fabricated background investigations, the
number of cases prosecuted in Federal court (including case
disposition), and what, if any, quality control measures OPM
has implemented to prevent further fraud in this program as
well as to ensure early detection of fabricated reports.
The Intergovernmental Personnel Act Mobility Program (IPA)
provides for the temporary assignment of personnel between
the Federal Government and state and local governments,
colleges and universities, Indian tribal governments,
Federally funded research and development centers, and other
eligible organizations. 5 CFR part 334 regulates this
program, and it defines ``State'' as ``a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Trust Territory of the Pacific Islands, the
Northern Mariana Islands, and a territory or possession of
the United States; and an instrumentality or authority of a
State or States; and a Federal- State authority or
instrumentality.'' OPM is directed to post this more complete
definition on its IPA website so that Federal employees know
the full range of opportunities and experiences provided
through this program.
In April 2010, OPM provided a report to Congress on nursing
faculty and the IPA, along with findings and recommendations
on the current nurse and nurse faculty shortage. OPM is
expected to provide regular, 6-month updates on next steps as
outlined in Senate Report 111-238.

[[Page 20547]]

OPM's Federal Human Capital Survey provides important data
for independent analyses of Federal employee satisfaction.
OPM shall continue to make agencies' survey data publicly
available in a consistent and consolidated format, and in a
timely manner.
OPM is urged to increase its efforts to encourage Federal
agencies to reach out to diverse populations in their
recruitment efforts. The recent Federal Equal Opportunity
Recruitment Program Report noted that Hispanics and women lag
in representation within the Federal workforce, compared to
the civilian labor force. OPM is urged to continue to look
for ways to diversify the Federal workforce. OPM is directed
to continue to provide its current report as an appendix to a
more streamlined analysis that provides a straightforward
breakdown of the Federal workforce, management, and
executives by race, ethnicity, and gender for all Federal
employees. The report should also include, for each agency,
an agency-specific breakdown that is accompanied with a
narrative about that agency's substantive efforts to promote
diversity through outreach and recruiting practices. The
report should conclude with a discussion of OPM's current
strategy for expanding diversity within the Federal
government and a projected five-year strategy with
performance metrics based on the methods it intends to use to
implement this strategy. OPM is also directed to establish a
forum so that agencies may share best practices in recruiting
and retaining employees.
OPM should spearhead an effort to encourage federal
agencies to increase recruitment efforts within the United
States Territories, home to many U.S. citizens not fully
aware of the job opportunities within the Federal Government.
GAO is directed to review the agencies' progress in reaching
out to and recruiting from the Territories and to submit a
report to the Committees within 120 days of enactment.
The issue of continuous and sustained inappropriate use of
temporary hiring authority by Federal agencies remains
unresolved. OPM is directed to report to the Committees on
Appropriations, no later than 90 days after enactment of this
Act, on options and recommendations, as outlined in Senate
Report 111-238, to remedy this problem.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The Act provides $25,885,000 for salaries and expenses of
the Office of Inspector General, with $3,997,000 as a general
fund appropriation and $21,888,000 as a transfer from OPM
trust funds. Additional funding is provided to augment base
resources and permit hiring of additional audit and
investigative staff.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS

The Act provides such sums as necessary for health benefits
payments.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE

The Act provides such sums as necessary for life insurance
payments.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

The Act provides such sums as necessary for retirement and
disability payments.

Postal Regulatory Commission

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

As outlined in Senate Report 111-238, the Postal Regulatory
Commission is directed to report to the Appropriations
Committees, not later than April 1, 2011, on the potential
economic impacts if restrictions on the consolidation or
closure of small rural and other small post offices were
removed. The report should include an assessment of the
Postal Service's efforts to enhance customer access, improve
revenue and reduce costs through the co-location of postal
services in grocery stores and other existing retail outlets.

Privacy and Civil Liberties Oversight Board

SALARIES AND EXPENSES

The Act provides $1,500,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board, to remain
available for obligation until September 30, 2012. The Board
has not yet been reconstituted as required by Public Law 110-
53, and, therefore, the new entity's funding requirements
have not been firmly established or justified. Once
reconstituted, the Board should present the Committees on
Appropriations with a detailed budget plan as quickly as
possible.

Securities and Exchange Commission

SALARIES AND EXPENSES

The Securities and Exchange Commission (SEC) Office of
Global Security Risk is directed to submit quarterly reports
of its activities to the Committees on Appropriations, with a
particular focus on corporate disclosures involving conflict
minerals, extractive industries, and mining safety matters as
well as SEC's efforts to address concerns that American
investors may be unwittingly investing in companies with ties
to countries that sponsor terrorism or are linked to human
rights violations.
To facilitate greater access to companies' disclosures
concerning their business activities in or with state
sponsors of terrorism, the SEC is directed to promptly issue
final rules that require each issuer to disclose activities
that may subject it to sanctions under section 5 of the Iran
Sanctions Act of 1996.

Small Business Administration

SALARIES AND EXPENSES

The Act provides $459,125,000 for the salaries and expenses
account of the Small Business Administration (SBA). An
additional amount for initiatives related to small business
development and entrepreneurship is provided under SBA
administrative provisions.
The Committees on Appropriations have been frustrated that
recent SBA congressional justifications have been
unnecessarily complicated. SBA is directed to revise the
format of the congressional justification for fiscal year
2012 so that the budget detail provided ties directly to
enacted and requested appropriated amounts.
Not less than the following amounts shall be dedicated to
the non-credit programs of the SBA:

[In thousands of dollars]

Small Business Development Centers (SBDCs).................... $115,250
Veterans Business Development.....................................2,750
SCORE.............................................................7,750
Women's Business Centers.........................................14,500
National Women's Business Council.................................1,900
Drug Free Workplace...............................................1,030
Microloan Technical Assistance...................................22,000
PRIME.............................................................8,000
Native American Outreach..........................................1,625
7(j) Technical Assistance.........................................3,700
HUBZone...........................................................2,350
Hispanic Business Centers.........................................1,000
Entrepreneurial Development.......................................9,000
Total, non-credit initiatives...................................190,855

The SBA shall not reduce these non-credit programs from the
amounts specified above and the SBA shall not merge any of
the non-credit programs without advance written approval from
the Committees. Further, the SBA is directed to support no
less than the fiscal year 2010 level of funding for the
National Ombudsman; the Office of Advocacy, including support
for the Advocacy Database; and the international trade
programs. SBA is also directed to report to the Committees on
Appropriations within 30 days of enactment on the strategies
and goals of each initiative, methodologies for assessing the
performance of each initiative and each individual project
selected under each initiative, and methodologies planned for
selection of individual projects and recipients; and to
provide an operating plan individually addressing each
proposed initiative and detailing funding planned for grants,
contracts, and salaries and expenses of both current and new
SBA employees, including travel expenses.
The Committees recommend that up to $9,000,000 shall be
available for the Entrepreneurial Development program
administered by the SBA, including for the Emerging Leaders
Initiative and Clusters initiative proposed in the budget.
SBA is directed to allocate such funds to the maximum extent
possible to its current partners--namely, SBDCs, Women's
Business Centers, the Service Corps of Retired Executives
(SCORE), and Veterans Business Outreach Centers--and to
notify the Committees not less than 15 days prior to
obligation of funds provided. Included in the amount for non-
credit initiatives is $1,000,000 for a Hispanic Business
Centers pilot program to provide financial assistance to
educational institutions, nonprofit organizations, and State
and local departments and agencies providing management and
technical assistance to Hispanic small businesses. The SBA is
directed to consider the Women's Business Centers program as
a model for the pilot program.
Of the amounts provided, $268,270,000 is for operating
expenses of the SBA. In addition, a total of $349,000,000
from other SBA accounts may be transferred to and merged with
the salaries and expenses account. Within the amounts
recommended for SBA's operating expenses, $15,347,700 is
provided for the agency-wide effort to modernize SBA's loan
management and accounting systems. SBA is directed to place a
top priority on ensuring a successful modernization of
current systems. SBA shall submit a quarterly written report
to the Committees on Appropriations summarizing the agency's
progress regarding modernization efforts, including
milestones planned and achieved and progress on cost and
schedule.
SBA is directed to continue to work to ensure that there is
equitable distribution of resources to all 8(a) participants.
GAO is directed to, within 180 days of enactment of this Act,
report on 8(a) program participants, the number and
disadvantaged status of the owners of the businesses who have
participated in the program in recent years, and such other
criteria as may be developed during consultation with the
Committees on Appropriations. Further, GAO is directed to
provide a report to the Committees on Appropriations on the
capability of SBDCs to offer technical assistance in more
than one language by May 1, 2011.
SBA is directed to coordinate with the Forest Service and
the Bureau of Land Management concerning the small business
timber sale set-aside program that serves many

[[Page 20548]]

small rural communities and small timber mills. SBA is also
directed to provide a written report to the Committees on
Appropriations within 60 days of enactment detailing SBA's
current and planned activities related to communication with
timber businesses in small rural communities, including
potentially designating an industrial specialist (forestry)
position in Portland, Oregon.
The Committees on Appropriations note that there is no
Procurement Center Representative located in the regions of
Puerto Rico or the U.S. Virgin Islands and directs that a
Procurement Center Representative be physically located in
Puerto Rico to service both regions.

OFFICE OF INSPECTOR GENERAL

The Inspector General is directed to continue routine
analysis and reporting on SBA's modernization of its loan
management and accounting systems, including acquisition,
contractor oversight, implementation, and progress regarding
budget and schedule.

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The Committees direct SBA to continue to conduct outreach
to existing financial entities that may be well-suited to
participate in the Microloan program so that the program can
grow and expand access to microcapital across the country.
SBA shall submit a written report to the Committees on
Appropriations within 90 days of enactment summarizing the
agency's plans for expanding the reach of the Microloan
program. Additionally, SBA, in coordination with the Federal
Reserve, is directed to submit a written report to the
Committees on Appropriations within 90 days of enactment on
the feasibility and benefits of enhanced data collection on
small business lending, including but not limited to data on
loan origination and loan size.

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The Committees on Appropriations urge SBA to seek out
emergency funding in the event of a disaster requiring loan
assistance and direct SBA to continue providing updates on
available resources for the disaster loans program on a
monthly basis.

ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

Long-standing administrative provisions are continued
without change unless otherwise noted below.
Section 532 makes a technical correction to Public Law 111-
8 and Public Law 111-117.
Section 533 makes technical changes to Public Law 111-240.
Section 534 provides $47,575,000 for small business
development and entrepreneurship initiatives, including
programmatic and construction activities, to be awarded as
follows:

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United States Postal Service

PAYMENT TO THE POSTAL SERVICE FUND

The Postal Service and the Postal Regulatory Commission are
directed to take into consideration the accessibility of
Federally-regulated financial institutions in surrounding
areas before closing a postal facility.
As outlined in Senate Report 111-238, the Postal Service is
strongly urged to continue to expand the co-location of
postal services and pursue other innovative approaches to
serving customers.
In light of the Postal Regulatory Commission's report that
the Postal Service has overpaid into the CSRS pension fund,
OPM is urged to apply a fair and equitable methodology for
calculating the payment allocation and adjust the Postal
Service's contributions into the fund accordingly.

United States Tax Court

SALARIES AND EXPENSES

The Act includes $55,053,000 for salaries and expenses of
the United States Tax Court. Of this amount, $2,852,000 is
available until September 30, 2012 for perimeter security
improvements to the U.S. Tax Court headquarters.

TITLE VI

GENERAL PROVISIONS--THIS ACT

Sections 601 through 617, Section 619, and Section 621
continue general provisions that were included in title VI of
Division D of Public Law 111-117.
Section 618 rescinds $1,500,000 in unobligated balances
from the Privacy and Civil Liberties Oversight Board.
Section 620 allows political subdivisions of States and
territories to be eligible for pool safety grants.
Section 622 deems certain Help America Vote Act grants in
Fiscal Year 2004 to have been authorized.
Section 623 directs the President to transmit deficiency
and supplemental requests from judicial and legislative
branches.
Section 624 permits the Abraham Lincoln Bicentennial
Foundation to receive matching funds from sale of the Lincoln
Bicentennial coin.
Section 625 rescinds prior year unobligated balances from
the Federal Communications Commission.
The Act does not include the provision passed by the House
Subcommittee on Financial Services and General Government
concerning the Stanford Ponzi scheme that the Congressional
Budget Office subsequently estimated to have a cost of $550
million in fiscal year 2011.

TITLE VII

GENERAL PROVISIONS--GOVERNMENT-WIDE

Departments, Agencies, and Corporations

Sections 701 through 732 and Sections 734 through Section
740 continue general provisions that were included in title
VII of Division D of Public Law 111-117.
Section 733 updates long-standing authority to transfer
funds between agencies to ensure the uninterrupted,
continuous operation of the Midway Atoll Airfield.
Section 741 revises Section 743 of Division D of Public Law
111-117 to strengthen the inventory of contractor services.
Section 742 eliminates pay increases in 2011 for many non-
career employees in the Executive Branch.
Section 743 continues the provision concerning the non-
application of these general provisions to title IV and title
VIII.
Section 744 directs the GAO to study federal payment of
interchange fees.

TITLE VIII

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

Sections 801 through 817 continue general provisions that
were included in title VIII of Division D of Public Law 111-
117.
Section 818 permits the Public Defender Service for the
District of Columbia to purchase professional liability
insurance for its attorneys, staff, and board members.
Section 819 modifies the frequency of management
evaluations by the Government Accountability Office of the
District of Columbia's chartering authority for public
charter schools.
Section 820 specifies that references to this Act in this
title or title IV are treated as referring only to the
provisions of this title and title IV.

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DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2011

The following is an explanation of the effects of Division
F, which makes appropriations for the Department of Homeland
Security for fiscal year 2011. As provided in section 4 of
the consolidated bill, this explanatory statement shall have
the same effect with respect to the allocation of funds and
implementation of this division as if it were a joint
explanatory statement of a committee of conference. The
language and allocations contained in Senate Report 111-222
should be complied with, and carry the same emphasis as the
language included in the explanatory statement, unless
specifically addressed to the contrary in the bill or this
explanatory statement. While repeating some report language
for emphasis, this explanatory statement does not intend to
negate the language referred to above unless expressly
provided herein. When this explanatory statement refers to
the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee
on Homeland Security and the Senate Subcommittee on the
Department of Homeland Security. In cases where the
explanatory statement directs the submission of a report,
such report shall be provided to the Committees on
Appropriations by February 9, 2011, unless otherwise
directed. In cases where the explanatory statement directs a
briefing, such briefing shall be provided to the Committees
by February 16, 2011, unless otherwise directed.
This explanatory statement refers to the following laws and
organizations as follows: Implementing Recommendations of the
9/11 Commission Act of 2007, Public Law 110-53, is referenced
as the 9/11 Act; Security and Accountability for Every Port
Act of 2006, Public Law 109-347, is referenced as the SAFE
Port Act; Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Public Law 93-288 is referenced as the
Stafford Act; the American Recovery and Reinvestment Act of
2009, P.L. 111-5 is referenced as the Recovery Act; the
Department of Homeland Security is referenced as DHS; the
Government Accountability Office is referenced as GAO; and
the Office of Inspector General of the Department of Homeland
Security is referenced as the IG. In addition, any reference
to ``full-time equivalents'' shall be referred to as FTE; any
reference to ``program, project, and activity'' shall be
referred to as PPA; any reference to a ``Homeland Security
Presidential Directive'' shall be referred to as HSPD; and
any reference to the Secretary shall be interpreted to mean
the Secretary of Homeland Security.

Classified Programs

Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.

TITLE I DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

The bill provides $150,126,000 for the Office of the
Secretary and Executive Management. Funding shall be
allocated as follows:
Immediate Office of the Secretary............................$5,427,000
Immediate Office of the Deputy Secretary......................1,974,000
Office of the Chief of Staff..................................3,158,000
Office of Counternarcotics Enforcement........................3,700,000
Executive Secretary...........................................8,717,000
Office of Policy.............................................46,000,000
Office of Public Affairs......................................6,200,000
Office of Legislative Affairs.................................7,150,000
Office of Intergovernmental Affairs...........................3,519,000
Office of General Counsel....................................24,363,000
Office for Civil Rights and Civil Liberties..................24,000,000
Citizenship and Immigration Services Ombudsman................6,800,000
Privacy Officer...............................................9,118,000
________________

Total....................................................$150,126,000

The Secretary shall provide the Committees semiannual
reports, no later than February 16, 2011, and July 1, 2011,
which provide a priority list of efficiencies being pursued
as a result of the Secretary's Efficiency Review and an
accounting of progress against that list; a list of
components and specific procurements where additional
oversight personnel are needed and where such personnel are
being assigned; and an accounting of how reforms in the
headquarters structure and function are providing better
support and management for the Department's operators in the
field.
The Deputy Secretary shall work to develop a coordinated
and integrated approach for securing chemical facilities,
ensuring companies do not misuse regulation to delay Federal
safety investigations following chemical accidents, and
providing the reports and briefings required in Senate Report
111-222. The Department shall also brief the Committees on
the plans to resolve the differences between and standardize
risk evaluations for chemical facilities regulated under
Chemical Facility Anti-Terrorism Standards and the Maritime
Transportation Security Act.
The Deputy Secretary shall examine which entity among the
Office of Inspector General (IG), U.S. Customs and Border
Protection (CBP), and U.S. Immigration and Customs
Enforcement (ICE) should coordinate and take the lead on
integrity investigations, establish clear lines of authority
for the different types of investigations, and report on
these decisions no later than 90 days after the date of
enactment of this Act.
The Office of Counternarcotics Enforcement is directed to
brief the Committees no later than 90 days after the date of
enactment of this Act on its efforts to address the
recommendations made in OIG-10-80.
The Office of Policy shall submit an expenditure plan for
fiscal year 2011 no later than 60 days after the date of
enactment of this Act in the fiscal year 2010 plan format.
Within the $6,200,000 for the Office of Public Affairs is
$386,000 for the National Joint Information Center, as
requested. The Office should develop a plan for operating for
the full fiscal year at this level without a reprogramming
request.
The Office for Civil Rights and Civil Liberties shall
submit an expenditure plan as outlined in Senate Report 111-
222.
The Citizenship and Immigration Services Ombudsman shall
brief the Committees on the Virtual Ombudsman System as
outlined in Senate Report 111-222.
The Department shall ensure that enacted FTE numbers
included in the budget justification documents for fiscal
year 2012 accurately reflect the FTE levels funded in this
Act.
The Department shall include a separate appropriation
justification for the Working Capital Fund (WCF) in the
fiscal year 2012 budget request as outlined in House Report
111-298. Prompt notifications of changes to the WCF are
expected, and the WCF is not to be used to fund disapproved
activities.
The Department shall continue to report on detailees on a
semiannual basis, as outlined in Senate Report 111-222.
The Department shall track its reception and representation
expenses and brief the Committees in detail on those expenses
on a semiannual basis. The Department shall review reception
and representation allowances for equitable alignment among
components at or below the current combined maximum total
funding level and propose any suggested changes in the fiscal
year 2012 budget request.
The Department shall report semi-annually on the current
projects tasked to Federally-Funded Research and Development
Centers, the funding obligated by component, including the
purposes for the funds, and any projects completed in the
prior six-month period, with the first report due February
16, 2011.
The Department shall submit the implementation plan for the
small vessel security strategy expeditiously, including
resource requirements.

Office of the Under Secretary for Management

The bill provides $242,233,000 for the Office of the Under
Secretary for Management. Funding shall be allocated as
follows:
Immediate Office of the Under Secretary for Management.......$2,770,000
Office of Security...........................................72,864,000
Office of the Chief Procurement Officer......................75,527,000
Office of the Chief Human Capital Officer....................42,130,000
Office of the Chief Administrative Officer...................48,942,000
Salaries and Expenses..................................[43,942,000]
Nebraska Avenue Complex.................................[5,000,000]
Total....................................................$242,233,000
The Office of Security shall review policies for all DHS
components' controlled information designations, develop a
common set of designations for use by all components, and
establish a uniform policy on the use of such designations.
The Office shall brief the Committees quarterly on its
progress beginning March 1, 2011.
The Department shall refrain from placing unreasonable
information control burdens on university researchers
partnering with DHS components, especially when the partnered
research does not require access to controlled information.
The Department is directed to continue the acquisition
workforce centralized training program at its current level.
The Office of the Chief Procurement Officer (OCPO) shall
brief the Committees on its Department-wide assessment to
determine gaps in key acquisition disciplines no later than
60 days after its completion. The briefing shall include the
planned distribution of funded positions and FTE by office.
Sustained funding for the acquisition workforce initiative is
expected in the fiscal year 2012 budget request.
OCPO shall continue reporting on major acquisitions as
outlined in Senate Report 111-31, but on a semiannual basis.
The Office of the Chief Human Capital Officer (OCHCO) shall
provide quarterly briefings summarizing vacancy data at the
Department as outlined in Senate Report 111-222, including
the results of the fiscal year 2010 performance metrics
established by DHS for OCHCO. OCHCO shall also brief the
Committees on the strategic plans for overhauling the hiring
process as outlined in Senate Report 111-222.

[[Page 20567]]

The Under Secretary for Management and OCHCO shall brief
the Committees on all components' progress on carrying out
the Department's ``Balanced Workforce Strategy'' as detailed
in Senate Report 111-222 no later than February 16, 2011. The
Department shall provide an implementation plan, including an
overall priority list of conversions, and an accounting of
progress against that list and description of associated
savings. All Departmental components are to give priority
attention to conducting their workforce reviews and promptly
implement any changes.
The Department shall maintain an appropriate funding level
for environmental planning, historic preservation, and
internal control activities proposed to be cut in the budget
request.
The Department shall provide to the Committees its
comprehensive management integration strategy and
alternatives analysis regarding a nationwide backup for the
Global Positioning System as outlined in Senate Report 111-
222.

Office of the Chief Financial Officer

The bill provides $64,480,000 for the Office of the Chief
Financial Officer (CFO). The CFO shall continue to keep the
Committees informed on the progress of the Transformation and
Systems Consolidation (TASC) initiative through reports as
outlined in the explanatory statement accompanying P.L. 111-
83, including information on how the recommendations of GAO
(GAO-04-536 and GAO-10-76) are being implemented, and provide
the approved TASC implementation plan to the Committees no
later than 15 days after the date of enactment of this Act.
TASC is to be capable of tracking obligations by PPA. The CFO
shall brief the Committees on the feasibility of outfitting
current financial systems with this capability on an interim
basis until TASC is fully operational with the same
functionality.
The CFO shall ensure that adequate justification is given
to each increase, decrease, transfer, and staffing change
proposed in the fiscal year 2012 budget justification, and
that each item directed by the Committees to be provided as a
part of the fiscal year 2012 budget justification is
delivered as mandated.
The CFO shall submit as part of the fiscal year 2012 budget
justification the following: detailed information by
appropriations account and PPA on all reimbursable agreements
and significant uses of the Economy Act for each fiscal year;
a detailed table identifying the last year that authorizing
legislation was provided by Congress for each PPA; the amount
of the authorization and the appropriation in the last year
of authorization; and a report on the status of overdue
Committee reports, plans and briefings for fiscal years 2010
and 2011. In addition, with the Department's Explanation of
Changes to General Provisions, the CFO shall provide the text
and citation of all Department appropriations provisions
enacted to date that are permanent law.

Office of the Chief Information Officer

The bill provides $375,359,000 for the Office of the Chief
Information Officer (CIO). Within this total is $83,948,000
for data center development, $16,000,000 for e-mail
consolidation, $12,268,000 for single sign-on upgrades, and
$9,609,000 for the Administration's proposed cross-enterprise
information-sharing initiative and data quality and coherence
initiatives. The CIO shall provide a detailed expenditure
plan no later than 60 days after the date of enactment of
this Act that includes how the costs for the data quality and
information-sharing initiatives are being shared with the
CIO's partners. No funding is provided for the Homeland Top
Secret/Sensitive Compartmented Information network
initiative. Should the CIO wish to pursue this initiative in
future years, a more complete justification and cost estimate
should be provided to the Committees.
The shift of funding for communications security
modernization activities is approved. Funding shall be
allocated as follows:
Salaries and Expenses.......................................$82,727,000
Information Technology Services..............................53,079,000
Infrastructure and Security Activities......................181,644,000
National Security Systems....................................57,909,000
________________

Total....................................................$375,359,000

The CIO shall provide quarterly briefings on single sign-on
and messaging consolidation, as well as OneNet implementation
and migration to Networx. The CIO shall continue providing
quarterly briefings on CIO and department-wide information
technology (IT) priorities as outlined in House Report 111-
298, and add information on all IT acquisitions financed
directly or managed by the CIO to those briefings.
In addition to funding within this account, $78,463,000 is
included in various components for data center consolidation,
for a total fiscal year 2011 funding level of $162,411,000.
The following chart displays the funding levels by component:
DHS headquarters............................................$83,948,000
U.S. Customs and Border Protection...........................25,370,000
U.S. Immigration and Customs Enforcement.....................10,400,000
United States Secret Service.................................12,600,000
National Protection and Programs Directorate..................2,000,000
US-VISIT.....................................................15,000,000
Federal Emergency Management Agency...........................5,900,000
United States Citizenship and Immigration Services............7,193,000
________________

Total....................................................$162,411,000

Analysis and Operations

The bill provides $340,000,000 for Analysis and Operations,
which funds both the Directorate for Intelligence and
Analysis (I&A) and the Directorate for Operations
Coordination. Additional information is provided in the
classified annex to this explanatory statement. As in past
years, the Under Secretary for Intelligence shall submit an
expenditure plan for I&A within 60 days after the date of
enactment of this Act. The plan shall meet the requirements
listed in Senate Report 111-222. The expenditure plan shall
focus the activities of the Office on areas where the
Department can provide unique expertise or serve intelligence
customers who are not supported by other components of the
Intelligence Community, consistent with current statute and
executive orders, and in a way that does not impair
intelligence support to the senior leadership of the
Department of Homeland Security.

State and Local Fusion Centers

Historical appropriations made for the program indicate
strong support for State and local fusion centers (SLFCs),
but I&A still needs to more fully identify and quantify the
Federal benefits and return on investment generated by this
spending. Furthermore, although I&A has requested to
establish a new program management office bureaucracy to
oversee the SLFC program, the Department has submitted little
documentation to explain the need for this level of overhead
or how, precisely, this new activity will function. A
statutory provision in the bill requires I&A to develop and
submit, as part of a notification pursuant to section 503 of
this Act, such robust programmatic justification prior to
establishing any new program management office to oversee
SLFCs. I&A is also directed to provide quarterly briefings to
the Committees on the fusion center program, as detailed in
Senate Report 111-222.

National Immigration Information Sharing Operation

The bill continues to restrict operations of the National
Immigration Information Sharing Operation until the Secretary
certifies that the program will comply with all statutory
privacy and civil liberties requirements and that
certification is reviewed by the Government Accountability
Office.

Classified Programs

Recommended adjustments to classified programs are
addressed in a classified annex accompanying this explanatory
statement.

Office of Inspector General

The bill provides a total of $131,806,000 for the Office of
Inspector General (IG), including a direct appropriation of
$115,806,000 and a transfer of $16,000,000 from the Disaster
Relief Fund (DRF). The IG is required to notify the
Committees no less than 15 days prior to any transfer from
the DRF. Increased resources are provided for integrity
investigations. The IG is directed to submit a plan for
expenditure of these funds no later than 90 days after the
date of enactment of this Act. The plan shall be developed in
coordination with CBP and ICE.
The IG is directed to continue to manage audit and
investigation reports as directed in House Report 111-298.
The IG is directed to report on disaster housing as
discussed under FEMA ``Disaster Relief.''

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

SALARIES AND EXPENSES

The bill provides $8,239,377,000 for U.S. Customs and
Border Protection (CBP) Salaries and Expenses; makes not less
than $1,700,000 available until September 30, 2012 for the
Global Advanced Passenger Information/Passenger Name Record
(API/PNR) international program; and requires the Border
Patrol to maintain an agent workforce of not less than 20,500
full-time equivalent positions.
Within this total, the bill provides: $15,000,000 for the
intellectual property rights (IPR) initiative, for which CBP
is directed to submit to the Committees on Appropriations a
detailed implementation plan in conjunction with its fiscal
year 2012 budget submission; $123,497,000, as requested, for
the Western Hemisphere Travel Initiative (WHTI); $10,000,000
above the request for officer integrity activities, including
the hiring of additional polygraph personnel in order to
eliminate the backlog in testing and to test all new hires;
$3,000,000 to restore funding for the Global API/PNR program;
an additional $5,200,000 to expand the Immigration Advisory
Program to three new overseas locations, which CBP shall
identify in its fiscal year 2012 budget submission;
$158,100,000 for

[[Page 20568]]

Inspection and Detection Technology Investments, including
$3,000,000 for competitive awards for operational testing of
spreader bar and other innovative systems that could help
overcome logistical challenges to scanning cargo for nuclear
or radiological materials that exist at major transshipment
ports and seaports that depend on on-dock rail transfer;
$62,009,000, $4,000,000 above the fiscal year 2010 level, to
support CBP intelligence programs; $311,052,000 for Air and
Marine Operations, including $12,000,000 above the request to
restore unmanned aircraft system (UAS) operators, pilots, and
other positions reduced in the fiscal year 2011 request, and
$900,000 for positions associated with the additional UAS;
and $4,750,000 for textile transshipment enforcement.
The following table specifies funding by budget program,
project, and activity:
Headquarters Management and Administration:
Management and Administration, Border Security Inspections and Trade
Facilitation...........................................$519,182,000
Management and Administration, Border Security and Control Between
Ports of Entry..........................................492,242,000
Rent......................................................400,573,000
________________

Subtotal, Headquarters Management and Administration..1,411,997,000
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of 2,499,572,000
Harbor Maintenance Fee Collection (Trust Fund)..............3,274,000
International Cargo Screening.............................103,438,000
Other International Programs...............................11,247,000
Customs-Trade Partnership Against Terrorism................50,000,000
Trusted Traveler Programs..................................11,500,000
Inspection and Detection Technology Investments...........158,100,000
Automated Targeting Systems................................35,500,000
National Targeting Center..................................45,785,000
Training...................................................20,800,000
________________

Subtotal, Border Security Inspections and Trade Facili2,939,216,000
Border Security and Control between Ports of Entry:
Border Security and Control.............................3,540,833,000
Training...................................................36,279,000
________________

Subtotal, Border Security and Control between POEs....3,577,112,000
Air and Marine Operations...................................311,052,000
================

Total..............................................$8,239,377,000
CBP shall brief the Committees not later than February 16,
2011, on the following:
1. How CBP will use the funds provided for officer
integrity in this bill and in P.L. 111-230, the fiscal year
2010 border supplemental, to eliminate the investigation
backlog and other efforts as discussed in Senate Report 111-
222;
2. The performance and deployment of WHTI systems and
technology;
3. CBP plans for the Container Security Initiative program,
with associated financial and staffing plans, and how
International Cargo Screening efforts enhance CBP's
capability to prevent high risk, US-bound cargo from being
loaded abroad;
4. The CBP financial plan for Automated Targeting Systems
(ATS), to include a status report on implementation of
recommendations contained in OIG-10-34 regarding commercial
cargo targeting;
5. The status of fiscal year 2011 National Targeting Center
(NTC) initiatives, to include a counterterrorism response
team, and integrating drug trafficking organization trends
into the work of the NTC;
6. Violence experienced by CBP personnel in connection with
border enforcement efforts, and strategies and tactics used,
in cooperation with Mexican and local community partners, to
include sharing of forensic and other information, as well as
coordination of operations;
7. The status of planning and funding of tactical
communications investments for interoperability on the U.S.
borders and remote areas where CBP has limited communications
capability;
8. The status of efforts to assist the Mexican government
procure and deploy license plate readers (LPR), and sharing
of LPR data with Mexico;
9. How additional CBP officers funded in this bill and
assigned to air ports of entry will help reduce airport wait
times, including at model port of entry airports;
10. The status of solutions for tracking and managing in-
bond shipments; and 11. How CBP is implementing the
transition to a reduced presence at U.S. Postal Service
facilities, and the impact of such reductions on CBP
targeting and inspection of mail, and on CBP treatment of
express courier and air cargo operators.
CBP is directed to submit a strategic plan for its non-
intrusive inspection investment and deployment strategy in
conjunction with its fiscal year 2012 budget submission, to
include a financial plan for each of fiscal years 2012-2017.
CBP is directed, as part of its fiscal year 2012 budget
submission, to identify and itemize consolidated elements of
all its targeting and screening programs, by PPA; and to
identify funding devoted to enhance information sharing
between its ATS and the National Counterterrorism Center and
the Terrorist Screening Center, and to identify technological
or resource barriers to more expedient information exchange.
CBP shall submit its cyber security plan to the Committees in
conjunction with its fiscal year 2012 budget, including
associated funding and personnel resources devoted to
securing CBP systems and cyber infrastructure.
CBP shall submit a report not later than 90 days after the
date of enactment of this Act on its five year staffing and
deployment plan for the Border Patrol, taking into account
the 1,000 additional agents funded in the fiscal year 2010
border supplemental appropriations Act.
CBP is directed to review, in consultation with other
appropriate federal agencies, whether there would be benefits
from reopening previously operational land border crossings
located between the Presidio and Del Rio, Texas ports of
entry, and report its findings, to include costs,
alternatives, and recommendations, in conjunction with the
fiscal year 2012 budget submission.
CBP is also directed to notify the Committees of plans for
a study of cruise ship passenger and crew screening, as
described in GAO report GAO-10-400, and report to the
Committees on its findings.
CBP is directed to ensure that activities of its Textile
and Apparel Policies and Programs Office are maintained at
the level of prior years, and to submit a report with its
fiscal year 2012 budget on the execution of its five-year
textile transshipment enforcement strategic plan.
CBP is directed to review how it collects and manages
information about individuals arrested and detained in
custody for less than 72 hours, the facilities used for
short-term custody, the duration of such custody by
processing disposition, and to develop a plan to report
statistics for agency management and Congressional oversight,
including possible inclusion in the DHS statistical yearbook.
The review should examine data quality, definitions,
development of practical data collection and reporting
systems, and emphasize using information collected under
existing authority and systems. CBP shall brief the
Committees not later than April 4, 2011, on the status of
this review and plan. In addition, CBP should report to the
Committees not later than April 4, 2011, on its policies and
practices related to conditions of custody facilities, and
how CBP monitors the duration and conditions of short-term
custody.
CBP shall submit to the Committees the updated resource
optimization model required pursuant to section 403 of the
SAFE Port Act.
CBP is directed to continue submitting monthly staffing and
hiring reports, and to brief the Committees on a quarterly
basis on its hiring progress.
CBP shall report quarterly to the Committees on the results
of CBP quarterly reviews of obligations in carryover accounts
that should be deobligated through its validation and
verification process, pursuant to CBP Directive 1220-011C.
CBP, in coordination with the DHS CFO, is directed to carry
out semiannual briefings on user fee revenue, and include in
those briefings steps to mitigate collection shortfalls.
CBP shall provide semiannual briefings to the Committees,
beginning the third quarter of fiscal year 2011, on those sea
ports and airports for which passenger wait times have
exceeded sixty minutes, which shall include, for each port:
actual average and maximum wait times, numbers of passenger
arrivals, CBP Officer staffing, and plans to meet increased
workload at the ports of entry.
CBP is advised to use, as appropriate, commercial flights
to voluntarily repatriate unaccompanied alien children to
their countries of origin.
CBP is directed to fund activities associated with control
of invasive species, such as Carrizo cane from within the
Border Security Fencing, Infrastructure, and Technology
account.
CBP should comply with direction in Senate Report 111-222
to work with the U.S. Department of Agriculture and the
Hawaii Department of Agriculture to ensure their respective
inspection and quarantine activities provide biosecurity
protection for the State of Hawaii; and to work with Hawaii
State officials to devise a plan for a joint inspection
facility.
CBP is directed to work with tribal governments as they
seek to develop tribal identification cards.

AUTOMATION MODERNIZATION

The bill includes $347,575,000 for Automation
Modernization. In the required expenditure plan, CBP should
continue to report on

[[Page 20569]]

its progress in implementing the International Trade Data
System, including recruitment of participating government
agencies. CBP should continue its briefings on the status of
the Automated Commercial Environment on a semi-annual basis.

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

The bill includes $574,173,000 for Border Security Fencing,
Infrastructure and Technology (BSFIT), and makes $75,000,000
unavailable for obligation until the Commissioner submits an
expenditure plan, reviewed by GAO, not later than 90 days
after the date of enactment of this Act, which meets the
statutory conditions set forth under this heading in P.L.
111-83, and includes a detailed environmental mitigation plan
and report on mitigation efforts, as described in House
Report 111-298. The bill continues requirements for statutory
notifications to the Committees on Appropriations to be made
by the Commissioner.
The Department shall continue to submit quarterly Secure
Border Initiative reports, as directed in Senate Report 111-
222. Those reports shall continue to include updates on
Northern Border and tactical communication investments. CBP
shall brief the Committees semiannually on the status of
BSFIT programs and investments.
The bill includes a new provision authorizing the transfer
of BSFIT funds for environmental planning and mitigation to
the Department of Interior, per interagency agreement, to
permit the Secretary of Interior to acquire land or interests
in land to mitigate or offset adverse environmental impacts
from construction, operation, and maintenance activities
related to border security. CBP is expected to continue its
coordinated effort with the Department of Interior and other
agencies with environmental responsibilities on the border as
well as with State and local government and subject matter
experts from the scientific and environmental communities.
To the extent the fiscal year 2011 BSFIT expenditure plan
includes funding for additional pedestrian or vehicle
barriers, the plan shall contain analyses of alternatives as
described in House Report 111-157.
CBP is directed to fund any activities associated with
control of invasive species and associated mitigation efforts
from within the BSFIT account.

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

The bill provides $511,751,000 for Air and Marine
Interdiction, Operations, Maintenance, and Procurement,
including increases of $5,500,000 for equipment and supplies
needed to support two additional unmanned aircraft systems
funded in the fiscal year 2010 border supplemental
appropriations Act, and $3,000,000 to support system upgrades
for the Air and Marine Operations Center.

CONSTRUCTION AND FACILITIES MANAGEMENT

The bill provides $282,740,000 for Construction and
Facilities Management, including $4,000,000 for equipping and
constructing the Advanced Training Center, and $3,000,000 for
additional forward operating bases. CBP is directed to brief
the Committees not later than February 16, 2011, with
proposed sites for these new bases and a timetable for their
completion. CBP is also directed to devote funding, if
available, to increase the number of housing units in remote
areas where there is a lack of private housing for Border
Patrol agents or CBP Officers. CBP is also directed to ensure
that the rescission required pursuant to Section 575 complies
with directions in Senate Report 111-222 regarding funding
for alteration projects, avoiding any impact on the plans to
replace the Oroville, Washington Border Patrol station, and
the submission of a revised rescission plan consistent with
this direction.

U.S. Immigration and Customs Enforcement

SALARIES AND EXPENSES

(Including Transfer of Funds)

The bill includes $5,508,555,000 for U.S. Immigration and
Customs Enforcement (ICE) Salaries and Expenses. Within this
amount, the bill allocates $2,000,000,000 to finance ICE's
various efforts to identify undocumented individuals with
criminal records who are incarcerated or at-large, and to
remove those who are judged deportable in immigration court.
Of this amount, $259,825,000 is provided for continued
expansion of the Secure Communities program, which is
discussed in more detail below. The following table reflects
ICE funding by program, project, and activity:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services and Other C$274,360,000
Headquarters Managed Information Technology Investments...209,363,000
________________

Subtotal, Headquarters Management and Administration........483,723,000
Legal Proceedings...........................................221,666,000
Domestic Investigations...................................1,732,538,000
International Investigations:
International Operations..................................113,689,000
Visa Security Program......................................37,986,000
________________

Subtotal, International Investigations......................151,675,000
Intelligence.................................................76,107,000
Detention and Removal Operations:
Custody Operations......................................1,791,168,000
Fugitive Operations.......................................229,682,000
Criminal Alien Program....................................192,539,000
Alternatives to Detention..................................75,000,000
Transportation and Removal Program........................294,632,000
________________

Subtotal, Detention and Removal Operations................2,583,021,000
Identification and Removal of Criminal Aliens...............259,825,000
Total, ICE Salaries and Expenses.......................$5,508,555,000

Identifying and Removing Criminal Aliens

Each year, over 600,000 illegal aliens convicted of crimes
are released from law enforcement custody instead of facing
deportation, according to statistics provided by ICE.
Furthermore, a GAO study found that over 97 percent of
incarcerated criminal aliens have been arrested before--on
average eight times. When designing its immigration
enforcement efforts, ICE must maintain perspective on which
undocumented immigrants represent the most significant threat
to the nation's social and economic fabric. Given the
corrosive effect crime has on society, the most pragmatic
approach is for ICE to continue prioritizing the
identification of criminal aliens who are judged removable
from the country.
In order to maximize its ability to locate criminal aliens,
ICE has initiated the Secure Communities program. Secure
Communities allows the review of criminal records and
immigration status of individuals who are booked into police
custody and to take appropriate action to remove those
convicted of the most dangerous crimes. The bill includes
$259,825,000 for the continued implementation of Secure
Communities, an additional $59,825,000 over the request. This
funding will allow ICE to sustain investments made to date
and strengthen ICE operational efficiency to prepare for the
growing volume of criminal aliens who will be removed from
the country as Secure Communities is fully deployed. Of this
additional amount, $30,625,000 shall be for investments in
ICE information technology systems; $1,100,000 shall be for
Law Enforcement Support Center personnel; $13,100,000 shall
be for additional removal costs associated with increased
criminal deportations; $10,000,000 shall be for the strategic
planning, financial management, and outreach efforts of the
Secure Communities Program Management Office; and $5,000,000
shall be for operational planning by staff within ICE
Detention and Removal Operations.
As in past years, ICE is required to continue quarterly
reporting on the Secure Communities program and to submit
those reports within 45 days of the close of the quarter. In
particular, ICE must provide a better explanation of the
impact Secure Communities will have on ICE detention
facilities, the docket for the Executive Office of
Immigration Review, and the speed with which ICE is able to
remove criminal aliens from the country once they are judged
deportable. The agency should report on how the detention of
additional criminals will affect ICE's detention policies and
standards, the impact such changes will have on non-criminals
detained by ICE, and any changes ICE predicts in detention
throughput as a result of a larger criminal population in
custody.
ICE must also ensure the appropriate oversight and
management of the Secure Communities program. In particular,
ICE should develop a robust public complaint review process
so that the agency can ensure the program is successful at
identifying and removing truly dangerous criminal aliens. It
is not the intent or purpose of this program to target
certain populations simply to determine immigration status.
ICE should update more regularly information provided to the
public about the success of the Secure Communities program,
including statistics on the number of criminal aliens
identified, prosecuted and removed, by crime type and
location, both to improve the transparency of ICE operations
but also to clarify the program's focus, intent and purpose.

ICE Support to State and Local Law Enforcement

The bill includes $117,668,000 for ICE State and Local
programs, as requested. Within this total, $68,321,000 is for
the 287(g) program; $14,357,000 is for the Forensics Document
Laboratory, which supports all ICE investigatory programs and
offers specialized assistance to State and local law
enforcement agencies; and $34,990,000 is for the Law
Enforcement Support Center.
The 287(g) program is a voluntary program that allows ICE
to train local law enforcement agents to enforce Federal
immigration laws. After training, local law enforcement
personnel can determine an individual's immigration status
and file requests to ICE for the removal of individuals they
believe are illegal immigrants. Pursuant to its internal
policies, ICE is supposed to provide robust oversight of the
local officers enrolled in the

[[Page 20570]]

287(g) program to ensure participants comply with all
applicable Federal law enforcement policies and procedures. A
recent IG review of the 287(g) program noted a number of
shortcomings in ICE's 287(g) training and program oversight.
The IG made 33 recommendations for ICE to improve the
program. To maintain the integrity of the 287(g) program, ICE
is to implement the IG recommendations as expeditiously as
possible, and is to be commended for having already started
this process. This includes appropriate accountability and
training standards and instruction on multicultural
communication and the avoidance of racial profiling.
The Secure Communities program also requires careful
oversight and monitoring, but the approach has several
advantages to 287(g): it requires minimal training by ICE for
local employees, it is integrated into existing booking
procedures at prisons and jails, and it imposes no additional
workload on local employees. Further, Secure Communities
reduces the risk of potentially bias-driven status checks by
local officials since the backgrounds of all individuals in
local custody are checked in an identical manner. Most
importantly, Secure Communities also clearly delineates the
respective roles of Federal and local authorities in
immigration enforcement. In light of these advantages, ICE is
to be commended for its efforts expanding the Secure
Communities program.

ICE Investigations

The bill provides $1,732,538,000 for ICE domestic
investigations, which includes increases above the budget
request of $3,500,000 for investigations of intellectual
property rights violations and $2,000,000 for ICE efforts to
combat criminal gang conspiracies. The bill provides
$151,675,000 for ICE international investigations, an
increase of $7,300,000 above the request to expand the Visa
Security Program to three additional locations. Of the total
budget for ICE investigations, the bill specifies no less
than $250,000,000 be allocated to efforts focused along the
Southwest border. An additional $80,000,000 in supplemental
appropriations was provided to ICE for investigations in the
Southwest border region. Given the extreme and on-going
violence in and around the Mexican city of Juarez, ICE is
directed to continue to build its programs that investigate
border violence and organized crime in the El Paso-Juarez
corridor. ICE is directed to brief the Committees no later
than February 16, 2011, on its efforts to establish or
enhance a centralized Southwest border operations command to
coordinate the various ICE roles played in cross-border
issues.

ICE Intelligence

The bill provides $76,107,000 for ICE intelligence
programs, an increase of $5,000,000 above the budget request.
Additional funds shall be used to expand the Operation Angel
Watch program, which helps ICE identify travel patterns of
convicted sex offenders who may attempt to exploit children
in foreign countries. As required in the Senate report, ICE
is directed to provide an updated intelligence staffing
briefing no later than 60 days after the date of enactment of
this Act.

Alternatives to Detention

The bill provides $75,000,000 for ICE Alternatives to
Detention programs, $2,925,000 more than requested. ICE is
directed to continue to implement the program nationwide. The
Fiscal Year 2010 DHS Appropriations Act required ICE to
report on the cost and schedule for nationwide deployment,
but the agency submitted an analysis that, while meeting the
letter of the law, did not include any realistic framework
for achieving a national program. As a result, the bill
includes a revised statutory provision requiring ICE to
resubmit a fuller analysis of nationwide deployment of
Alternatives to Detention, and encourages the agency to work
with the Committees to ensure that all necessary information
is included in the submitted report.

Detention Standards and Detainee Care

ICE is to be commended for its efforts to improve the
oversight of conditions and practices at immigration
detention facilities; however, many facilities still do not
comply with existing detention standards. In addition, ICE
has made little observable progress implementing detention
center reforms recommended in a comprehensive analysis titled
Immigration Detention Overview and Recommendations and
submitted to the agency in October, 2009. The budget request
did not include any additional funds for implementing
recommendations in the report. A recently-completed
assessment of ICE medical services was also unaddressed in
the budget request. The Committees strongly encourage ICE to
continue implementing improvements to its detention
standards, and to request adequate funds in the fiscal year
2012 budget to implement recommendations made in various
audits of its operations. As in past years, the Committee
continues the requirement for the Department to notify the
Congress and the DHS IG within 48 hours of any death that
occurs in ICE custody.

Textile Transshipment Enforcement

Section 352 of the Trade Act of 2002 authorizes funding for
Customs Service textile transshipment enforcement, and
specifies how the funds must be spent. The bill includes
$4,750,000, as authorized, to continue these activities. ICE
is directed to report on these enforcement activities with
its fiscal year 2012 budget request on its actual and
projected obligations of this funding, covering fiscal years
2005 to 2011. The report should include staffing levels by
fiscal year since 2005, and a five-year enforcement plan for
transshipment violations.

ICE Headquarters Management and Administration

The bill provides $483,723,000 for ICE Headquarters and
Administration. This amount includes $10,400,000 for data
center consolidation, $5,000,000 for additional workforce
integrity activities, and $40,000,000 for ICE field office
collocation.

Security for the Assistant Secretary of Immigration and Customs
Enforcement

Like other senior Federal law enforcement officials, the
Assistant Secretary for ICE could be targeted by the criminal
organizations that are under ICE investigation. Although
there is no current evidence of specific threats against the
Assistant Secretary for ICE, the Committees have no objection
to on-going security evaluations and the provision of any
protective security measures determined necessary.

AUTOMATION MODERNIZATION

The bill provides $84,700,000 for ICE automation
modernization. Up to $30,600,000 may be transferred to this
account from ``Salaries and Expenses'' to pay for information
technology investments related to the identification and
removal of aliens convicted of a crime and judged deportable.
ICE must make more progress implementing its electronic
health records (eHR) program. Given that ICE detainees are
often transferred between several detention facilities before
their immigration cases are decided, portable medical records
are an important part of ensuring the health of all those
held in the agency's custody. The ICE Chief Information
Officer is directed to update the Committees on the status of
the eHR initiative and the anticipated timeline for a fully-
implemented system.

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

The bill provides $5,452,037,000 for Aviation Security. In
addition to the amounts appropriated, a mandatory
appropriation totaling $250,000,000 is available through the
Aviation Security Capital Fund. Statutory language reflects
the collection of $2,100,000,000 from aviation user fees, as
authorized. The following table specifies funding by budget
activity:
Screening Operations:
Screener Workforce:
Privatized screening...................................$142,678,000
Screener personnel, compensation, and benefits........2,953,971,000
________________

Subtotal, screener workforce............................3,096,649,000
Screener training and other:..............................263,000,000
Checkpoint support:.......................................360,026,000
EDS/ETD Systems:
EDS procurement and installation........................320,000,000
Screening technology maintenance and utilities..........323,325,000
________________

Subtotal, EDS/ETD systems.................................643,325,000
Subtotal, Screening Operations............................4,363,000,000
Aviation Security Direction and Enforcement:
Aviation regulation and other enforcement...............368,363,000
Airport management and support .........................574,926,000
Federal flight deck officer and flight crew training.....25,694,000
Air cargo...............................................120,054,000
________________

Subtotal, Aviation Security Direction and Enforcement.....1,089,037,000
Total, Aviation Security.................................$5,452,037,000

Privatized Screening

The bill provides $142,678,000 for Privatized Screening.
The Transportation Security Administration (TSA) shall brief
the Committees on Appropriations on the re-evaluation of the
screening partnership program when it is concluded.

Screener Personnel, Compensation, and Benefits

The bill provides $2,953,971,000 for Screener Personnel,
Compensation, and Benefits. Within this total, $191,369,000
is approved for the 5,355 positions requested for new
advanced imaging technology (AIT) screeners, realigned from
the budget proposal to reflect delays in AIT systems
deployment. No funding has been provided for new behavior
detection officers (BDO). TSA is directed to focus on
completing internal changes to the BDO program and address
GAO recommendations contained in GAO-10-763. This should
include, but not be limited to, a cost-benefit analysis of
the BDO program and a risk assessment of deployment options,
including

[[Page 20571]]

the risk if BDOs are not deployed. TSA shall brief the
Committees no later than 60 days after the date of enactment
of this Act on its progress.
Since fiscal year 2007, the Homeland Security
Appropriations Act has carried a statutory requirement that
high ranking legislative and executive branch officials shall
not be exempt from Federal passenger and baggage screening.
For Federal officials traveling with an approved federal law
enforcement security detail, TSA follows a specialized
screening protocol, which includes identity verification, but
not physical screening. Not later than 45 days after the date
of enactment of this Act, TSA shall report on the options
available to physically screen these individuals.

Checkpoint Support

The bill provides $360,026,000 for Checkpoint Support,
including full funding for 503 additional AITs as requested.
TSA shall work closely with local airport authorities to
ensure that all space and facility requirements and
constraints have been taken into consideration before AIT
units are deployed. Within the funding provided for
checkpoint support, up to $65,473,000 is available, as
requested, for terminal modifications if it is determined
that no other designs to accommodate the installation of AIT
equipment are possible. In addition, TSA is developing
automated target recognition (ATR) capability to be deployed
with its 2011 AIT procurements, potentially eliminating the
need for a remote viewing room. The Committees are concerned
that the reliability of the ATR technology has not yet been
tested in the field even though the request included
significant funding for its deployment. Therefore, TSA only
should deploy ATR technology when operational field tests
demonstrate that it provides a level of security equal to or
greater than current AIT screening procedures.
TSA shall regularly brief the Committees on the development
of AIT, including information on AIT procurement costs, the
schedule to deploy and staff the AIT units, ATR development
and associated funding requirements, facility modification
costs, details on the latest detection capabilities and
limitations, and ongoing efforts to improve the technology.
TSA is preparing to acquire automated wait time collection
technology, which will permit the collection and display of
real time data for the traveling public at all large airports
and a limited number of smaller ones. To address concerns
with increased wait times related to the deployment of
advanced technology at screening checkpoints and to ensure
that the agency maximizes its utilization of screening
resources, TSA shall measure and report to the Committees
beginning with the third quarter, and quarterly thereafter,
passenger screening wait times during periods of peak
passenger traffic at all airports collecting automated data.
The report is to be provided within 45 days of the end of the
quarter.
As discussed in the Senate report, TSA is encouraged to
ensure high risk airports have working security cameras in
place at checkpoints and secure exits and is directed to
report on recommendations to improve airport security at
locations where passengers exit the sterile area of an
airport.

Explosives Detection Systems

A total of $570,000,000 is available for Explosives
Detection Systems (EDS) procurement and installation. Within
this total, the bill provides $320,000,000 in discretionary
funding. An additional $250,000,000 in mandatory funding is
available from the Aviation Security Capital Fund. Not less
than 9 percent of the funds provided shall be available for
the purchase and installation of certified EDS at medium- and
small-sized airports. Consistent with fiscal year 2010, TSA
shall include as part of the fiscal year 2012 budget request
a report on savings achieved and anticipated (by fiscal year)
from the installation of new optimal in-line systems. TSA is
encouraged to use funds for dedicated pre-engineered
structures related to optimal screening solutions for EDS
installations.
Consistent with prior years, TSA shall submit an EDS,
checkpoint, and air cargo expenditure plan 60 days after the
date of enactment of this Act. As part of the fiscal year
2011 EDS plan, TSA should identify those airports that
incurred eligible costs for EDS without being reimbursed and
any funding in the plan that may be allocated to them. TSA is
encouraged to establish a reimbursement program as authorized
by the 9/11 Act. While TSA is no longer required to submit
updates to the EDS and checkpoint reports quarterly, the
agency shall provide quarterly briefings to the Committees,
highlighting any deviations from the plan. These briefings
shall also include updates on TSA's competitive process for
all three classes of EDS machines, results from certification
and operational testing, and efforts to avoid acquisition
delays.

Aviation Regulation and Other Enforcement

As discussed in Senate Report 111-222, TSA is to brief the
Committees on its progress in implementing the new
international program initiatives funded in this Act, no
later than 90 days after the date of its enactment.

Air Cargo

The bill provides $120,054,000 for Air Cargo including
$2,500,000 for a pilot screening program of international
inbound cargo using CBP's automated targeting system. TSA
shall continue its regular briefings on compliance with the
100-percent air cargo screening mandate, with a specific
emphasis on international air cargo. In addition, TSA shall
update the Committees regularly on efforts to enhance cargo
screening on all-cargo aircraft following the recent bombing
attempts. Finally, TSA is to comply with the recommendations
contained in OIG-10-119, related to air cargo screening and
shall brief the Committees on the execution of these
recommendations no later than 120 days after the date of
enactment of this Act.

Perimeter Security

TSA shall report to the Committees no later than 90 days
after the date of enactment of this Act on actions TSA has
taken to secure commercial airport perimeters as discussed in
Senate Report 111-222.

SURFACE TRANSPORTATION SECURITY

The bill provides $137,558,000 for Surface Transportation
Security. Within this total, $39,947,000 is for surface
transportation staffing and operations and $97,611,000 is for
surface transportation security inspectors and canines. TSA
shall report to the Committees on Appropriations; the House
Homeland Security Committee; and the Senate Commerce,
Science, and Transportation Committee on the feasibility and
merits of establishing a Deputy Assistant Secretary for
Surface Transportation to lead the security programs and
personnel for non-aviation transportation security no later
than 270 days after the date of enactment of this Act.

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

The bill provides a direct appropriation of $159,124,000
for Transportation Threat Assessment and Credentialing, of
which $84,637,000 is provided for Secure Flight and
$74,487,000 is for crew and other vetting programs. Of the
total provided for crew and other vetting, $43,200,000 is for
infrastructure modernization. This funding, coupled with
carryover balances, will provide a total funding of
$69,500,000 for infrastructure modernization for fiscal year
2011, the amount TSA indicates is needed to keep this effort
on track. TSA is to brief the Committees quarterly on the
development of this system.
Not later than 90 days after the date of enactment of this
Act, TSA shall report on performance of the Secure Flight
name matching system since becoming operational, including
effectiveness of the system in accurately identifying
passengers on the terrorist watch list while reducing number
of passengers misidentified; a description of how the
assessment was conducted; and how TSA has used the results to
determine if Secure Flight should be modified to pre-clear
misidentified passengers. TSA is also to report on its
efforts to address security concerns associated with
fraudulent documentation by December 31, 2010.

TRANSPORTATION SECURITY SUPPORT

The bill provides $1,039,777,000 for Transportation
Security Support as follows:
Headquarters administration................................$267,866,000
Information technology......................................479,284,000
Human capital services......................................254,839,000
Intelligence.................................................37,788,000
________________

Subtotal, Transportation Security Support..............$1,039,777,000

TSA shall continue semiannual briefings on covert testing
activities, including trends on operational errors and
equipment failures. As discussed in Senate Report 111-222,
TSA shall brief the Committees as part of the fiscal year
2012 budget request, on its compliance with recommendations
contained in OIG-10-72 on contractor usage and oversight.
This briefing is to include a discussion of TSA's review of
inherently governmental functions and efforts to strengthen
contracting officer's technical representatives training.
Finally, TSA should issue reports on risk-based decision
making, as detailed in the Senate Report, to be delivered
with the fiscal year 2012 budget request.

FEDERAL AIR MARSHALS

The bill provides $945,015,000 for the Federal Air Marshals
(FAMs), including $820,200,000 for management and
administration and $124,815,000 for travel and training. TSA
shall continue to provide quarterly reports on FAMs mission
coverage, staffing levels, and hiring rates as directed in
previous appropriations Acts, and immediately submit the
overdue assessment of long-term FAMs staffing levels and
include as part of this report a detailed rationale on the
need to continue enhanced flight coverage at the same levels
as immediately after the December 25, 2009, incident.

Coast Guard

operating expenses

The bill includes $6,951,973,000 for Coast Guard Operating
Expenses. The funds shall be allocated as follows:
Military pay and allowances:
Military pay and allowances............................$2,792,210,000
Military health care......................................415,507,000
Permanent change of station...............................170,763,000
________________

Subtotal, Military pay and allowances.....................3,378,480,000

[[Page 20572]]

Civilian pay and benefits...................................757,303,000
Training and recruiting:
Training and education....................................101,535,000
Recruitment...............................................100,558,000
________________

Subtotal, Training and recruiting...........................202,093,000
Operating funds and unit level maintenance:
Atlantic Command..........................................177,835,000
Pacific Command...........................................198,090,000
1st District...............................................60,610,000
5th District...............................................21,901,000
7th District...............................................80,499,000
8th District...............................................48,269,000
9th District...............................................31,483,000
11th District..............................................17,749,000
13th District..............................................22,824,000
14th District..............................................19,109,000
17th District..............................................29,647,000
Headquarters directorates.................................248,324,000
Headquarters managed units................................155,532,000
Other activities..............................................871,000
________________

Subtotal, Operating funds and unit level maintenance......1,112,743,000
Centrally managed accounts..................................346,787,000
Intermediate and depot level maintenance:
Aeronautical..............................................329,860,000
Electronic................................................164,678,000
Civil/ocean engineering and shore facilities..............180,890,000
Vessel....................................................212,349,000
________________

Subtotal, Intermediate and depot level maintenance..........887,777,000
Overseas Contingency Operations (emergency appropriations)..254,000,000
Marine safety and response personnel.........................12,790,000
________________

Total, Operating Expenses................................$6,951,973,000

The Commandant shall develop and share with the Committees
a new workforce action plan that outlines the following:
projected staffing levels, both military and civilian, needed
to carry out all Coast Guard missions, as well as to bring
``in house'' government responsibilities being executed by
contractors; gaps between those levels and current staffing,
organizational structure and funding; a plan for addressing
those gaps, including specific strategies for hard-to-fill
positions; and an outline of any additional authorities and
resources necessary to address the aforementioned
requirements.
The bill includes $12,790,000 for additional inspectors,
investigators, engineers and incident management personnel
for marine safety and response activities. The Coast Guard
shall provide an expenditure plan for these funds no later
than February 16, 2011.
The Coast Guard shall brief the Committees by February 16,
2011, on the Coast Guard's near-term and long-term plans for
operations in Iraq, including details on efforts to train
Iraqi personnel to assume maritime security responsibilities.
Funds are restored for four of the five Maritime Safety and
Security Teams (MSST) that were to be decommissioned under
the request. The Coast Guard shall conduct a comprehensive
analysis of the MSST program as outlined in OIG-10-89 and
brief the Committees on it no later than 120 days after the
date of enactment of this Act. The Coast Guard shall continue
operations of two of the four High Endurance Cutters that
were to be decommissioned under the request, as outlined in
Senate Report 111-222. The Coast Guard shall comply with the
reporting requirements in Senate Report 111-222 on the
decommissioning of the National Strike Force Coordinating
Center if it chooses to proceed with its decommissioning.
Sufficient industrial work shall be assigned to the Coast
Guard Yard.

environmental compliance and restoration

The bill provides $13,329,000 for Environmental Compliance
and Restoration.

reserve training

The bill provides $135,675,000 for Reserve Training.

acquisition, construction, and improvements

The bill includes $1,518,613,000 for Acquisition,
Construction, and Improvements. Funding is provided as
follows:
Vessels and Critical Infrastructure:
Response boat-medium........................................$52,000,000
140-foot icebreaker fleet refurbishment....................21,200,000
________________

Subtotal, Vessels and Critical Infrastructure................73,200,000
Other Equipment:
National distress and response system modernization (Rescue36,000,000
________________

Subtotal, Other Equipment....................................36,000,000
Personnel and Related Support:
Core acquisition costs........................................510,000
Direct personnel costs....................................107,051,000
________________

Subtotal, Personnel and Related Support.....................107,561,000
Integrated Deepwater Systems:
Aircraft:
Maritime patrol aircraft...................................40,000,000
HH-60 conversions..........................................32,000,000
HC-130H conversion/sustainment.............................25,000,000
HC-130J fleet introduction..................................4,000,000
Unmanned Aircraft Systems...................................2,000,000
________________

Subtotal, Aircraft..........................................103,000,000
Surface Ships:.........................................................
National Security Cutter..................................615,002,000
Offshore Patrol Cutter.....................................45,000,000
Fast Response Cutter......................................240,000,000
IDS small boats.............................................3,000,000
Medium Endurance Cutter sustainment........................30,000,000
________________

Subtotal, Surface Ships.....................................933,002,000
Technology Obsolescence Prevention............................1,000,000
C4ISR........................................................30,500,000
Logistics....................................................50,000,000
Systems engineering and integration..........................29,000,000
Government program management................................45,000,000
Subtotal, Integrated Deepwater Systems....................1,191,502,000
Shore Facilities and Aids to Navigation: 108,350,000
Military Housing..............................................2,000,000
________________

Total, Acquisition, Construction, and Improvements........1,518,613,000
Of the $615,002,000 provided for the National Security
Cutter, $77,000,000 is for long-lead time materials for NSC
#6 and the remainder is for production of NSC #5. Sufficient
funding is provided to award long lead-time materials and
production contracts for NSC #5, as post-production costs for
NSC #4 and NSC #5 are not estimated to be required until
fiscal year 2015. Delaying NSC #5 until post-production costs
are available will postpone delivery by at least one year,
result in increased project costs, and further exacerbate
challenges associated with decreased availability and
increased maintenance costs of the High Endurance Cutter
fleet.
The Commandant shall continue to provide quarterly
acquisition and mission emphasis reports consistent with
deadlines articulated under section 360 of division I of P.L.
108-7. The Coast Guard shall continue submitting these
reports as outlined in Senate Report 111-222, and providing
quarterly briefings to the Committees on the status of all
major acquisitions.
The Coast Guard shall consider phasing out the Deepwater
construct in favor of a less differentiated public accounting
for all of the Coast Guard's acquisition programs. The Coast
Guard shall report to the Committees within 30 days after the
date of enactment of this Act on what would be needed to
effect such a change and what its impact would be. Should the
Coast Guard choose to phase out the Deepwater construct, all
budget materials should include crosswalks to the current PPA
structure to ensure transparency.
The Department shall make note in its fiscal year 2012
budget submission of how coordinated acquisition efforts
between the Coast Guard and CBP are being carried out to
ensure interoperability and realize reduced acquisition and
support costs.
The Coast Guard shall continue quarterly briefings on the
status of the Rescue 21 program, including any changes to the
schedule outlined in the request. It is expected that the
Coast Guard will stay on top of the program's need for
technology refreshment, and that funding for deployment of
Rescue 21 to the Western Rivers will be included in the Coast
Guard's fiscal year 2012 budget request.

ALTERATION OF BRIDGES

The bill provides $4,000,000 for Alteration of Bridges.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

The bill includes $32,534,000 for Research, Development,
Test, and Evaluation (RDT&E). Within this funding, $8,000,000
is for a ship-based unmanned aircraft system advanced concept
technology demonstration and $4,500,000 is for research
specifically to improve the Coast Guard's capability to
address oil spills from the full range of wellheads, drilling
platforms, and vessels in operation. The Administration's
budget materials for fiscal year 2012 shall include and
justify a unified and coordinated Federal approach for oil
spill research that includes the Department of the Interior,
the Department of Energy, the National Oceanographic and
Atmospheric Administration, and the Coast Guard.
The Coast Guard shall produce a report that details the
RDT&E program's progress against the goals outlined in the
fiscal year 2010 request, and what the plan is for conducting
fiscal year 2011 research activities within the level
appropriated. The report is to include information on how the
research plan has evolved since the submission of the fiscal
year 2011 budget request, and reflect the program's response
to Congressional direction. This report is due no later than

[[Page 20573]]

three months after the date of enactment of this Act.

RETIRED PAY

The bill provides $1,400,700,000 for Retired Pay.

United States Secret Service

SALARIES AND EXPENSES

The bill provides $1,574,642,000 for Secret Service
Salaries and Expenses. This amount includes $7,000,000 for
the cost to implement a new Secret Service Uniformed Division
pay system and $69,960,000 for recapitalization costs for
Secret Service information technology equipment. Within the
explanatory charts showing funding levels for the Secret
Service there is a new program line for Information
Integration and Technology Transformation programs. This
discrete funding display was developed in order to increase
transparency for the investments necessary to modernize the
Secret Service information technology systems and to prevent
reallocation of these resources without advance Congressional
notification.
The bill also provides $61,158,000 for the Electronic
Crimes Task Force program, including $4,000,000 for the
Secret Service to continue its training program for State and
local law enforcement at the National Computer Forensics
Institute (NCFI). The Secret Service is to continue to
administer NCFI in the same manner as fiscal year 2010. An
additional $4,000,000 is provided for domestic investigations
as discussed in Senate Report 111-222.
The following table reflects Secret Service funding by
program, project, and activity:
Headquarters Management and Administration.................$201,216,000
Information Integration and Technology Transformation........69,960,000
Protection:
Protection of persons and facilities......................773,042,000
Protective intelligence activities.........................68,914,000
Presidential candidate nominee protection..................17,867,000
National Special Security Event fund........................1,000,000
White House mail screening.................................25,315,000
________________

Subtotal, Protection........................................886,138,000
Investigations:
Domestic field operations.................................261,412,000
International field office administration, operations, and 31,171,000
Electronic Crimes Special Agent Program and Electronic Crimes Task
Forces...................................................61,158,000
Support for missing and exploited children..................8,366,000
________________

Subtotal, Investigations....................................362,107,000
Rowley training center.......................................55,221,000
________________

Total, Salaries and Expenses.............................$1,574,642,000

Financial Management

Secret Service spending on campaign-related protection must
be subject to adequate financial controls. On April 27, 2010,
the GAO informed the Committees that at the end of the 2008
campaign, the Secret Service violated the Antideficiency Act
by spending more than had been appropriated for the security
of the 2009 presidential inauguration. This follows a similar
breakdown in Secret Service financial controls at the end of
the 2004 presidential campaign, which was also noted by the
Committees in previous appropriations reports.
As required by law, the Secret Service ``shall report
immediately to the President and Congress all relevant facts
and a statement of actions taken'' to rectify the violation
of the Antideficiency Act. At this point, the Secret Service
has not complied with this requirement. Furthermore, since
this is not the first case of a significant failure to manage
protective costs accurately, the Secret Service, in
consultation with the DHS Chief Financial Officer (CFO), is
directed to file the appropriate notifications of an
Antideficiency Act violation and to submit a strategic plan
for implementing strict financial controls for all 2012
campaign costs, including a schedule of monthly deadlines and
deliverables required to rectify this problem fully. The
Secret Service and the DHS CFO are also directed to provide
regular updates on the implementation of such plan to ensure
this situation does not recur.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

The bill includes $3,975,000 for Acquisition, Construction,
Improvements, and Related Expenses.

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

National Protection and Programs Directorate

MANAGEMENT AND ADMINISTRATION

The bill provides $45,387,000 for Management and
Administration of the National Protection and Programs
Directorate (NPPD). Within this amount, $2,000,000 is for
NPPD data center consolidation. Funding for administrative
activities is reduced by $750,000 due to a high level of
position vacancies.

Risk Management and Analysis

Within the total, $9,790,000 is provided for NPPD's risk
management and analysis (RMA) function. A recent study of RMA
by the National Academy of Sciences (NAS) highlights
shortcomings in the program. Notably, because the validity
and reliability of DHS risk models are untested, NAS finds
that the Department's risk analysis capabilities and methods
are inadequate to support DHS decision making. The NPPD
Office of the Under Secretary is directed to brief the
Committees within 30 days after the date of enactment of this
Act on how RMA can be managed in a way that generates
demonstrable benefits to DHS--whether through reforms to
ensure the organization achieves its full potential as a
Department-wide risk analysis capability or through
reorganization or dissolution of the office in recognition of
distributed risk modeling across DHS agencies.

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

The bill provides $874,923,000 for Infrastructure
Protection and Information Security (IPIS). Funding shall be
allocated as follows:
Infrastructure Protection:
Identification and Analysis...............................$88,595,000
Coordination and Information Sharing.......................48,715,000
Mitigation Programs.......................................198,426,000
________________

Subtotal, Infrastructure Protection.........................335,736,000
National Cyber Security Division (NCSD):
Cyber Security Protection and Response:..............................
US Computer Emergency Response Team (US-CERT)............80,406,000
Network Security Deployment.............................175,425,000
Federal Network Security.................................29,245,000
________________

Subtotal, Cyber Security Protection and Response..........285,076,000
Cyber Security Standards, Workforce Development, and Awaren76,017,000
Cyber Security Coordination.................................7,500,000
Cyber Security Management and Administration...............17,086,000
________________

Subtotal, National Cyber Security Division..................385,679,000
Office of Emergency Communications...........................45,339,000
National Security/Emergency Preparedness Telecommunications:
Priority Telecommunications Services.......................57,413,000
Next Generation Networks...................................22,364,000
Programs to Study and Enhance Telecommunications...........14,079,000
Critical Infrastructure Protection Programs................14,313,000
________________

Subtotal, National Security/Emergency Preparedness Telecommu108,169,000
Total, Infrastructure Protection and Information Security..$874,923,000
At the request of NPPD, this new budget display for fiscal
year 2011 reflects more appropriate groupings for NPPD
programs, projects and activities (PPAs). However, this new
budget allocation structure makes historical comparisons to
previous appropriations Acts extraordinarily difficult. As a
result, the following table reflects the historical
appropriations comparisons for each new PPA. NPPD is directed
to submit its fiscal year 2012 budget in the exact format and
structure as enacted for fiscal year 2011.

----------------------------------------------------------------------------------------------------------------
FY 2008 FY 2009 FY 2010 FY 2011
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
Identification and Analysis................. $76,245,000 $87,326,000 $90,610,000 $88,595,000
Coordination and Information Sharing........ 62,098,000 55,644,000 59,582,000 48,715,000
Mitigation Programs......................... 134,253,000 170,830,000 197,111,000 198,426,000
National Cyber Security Division
US-CERT..................................... 46,962,000 66,015,000 83,305,000 80,406,000
Network Security Deployment................. 57,826,000 154,467,000 192,135,000 175,425,000

[[Page 20574]]

Federal Network Security.................... 9,324,000 14,959,000 19,541,000 29,245,000
Cyber Security Standards, Workforce 46,566,000 64,346,000 79,571,000 76,017,000
Development, and Awareness.................
Cyber Security Coordination................. 5,000,000 7,500,000
Cyber Security Management and Administration 49,985,000 13,971,000 18,466,000 17,086,000
Office of Emergency Communications.............. 35,700,000 38,299,000 44,754,000 45,339,000
Nat'l Security/ Emerg. Preparedness Telecom
Priority Telecom. Services.................. 79,699,000 59,834,000 57,831,000 57,413,000
Next Generation Networks.................... 20,599,000 49,277,000 25,863,000 22,364,000
Programs to Study and Enhance Telecom....... 15,695,000 14,869,000 14,523,000 14,079,000
Critical Infrastructure Protection Programs. 15,946,000 11,112,000 11,124,000 14,313,000
NCCC........................................ 3,832,000 5,963,000 .............. ..............
Total, Infrastructure Protection and Information $654,730,000 $806,912,000 $899,416,000 $874,923,000
Security.......................................
----------------------------------------------------------------------------------------------------------------

Funding for the National Computer Forensics Institute
(funded under US-CERT in fiscal year 2010) is provided under
United States Secret Service ``Salaries and Expenses''.

Infrastructure Protection

NPPD is directed to comply with Senate Report 111-222
concerning: on-going work with the University of Southern
Mississippi to address the range of potential and actual
threats and risks to safety and security at venues with large
crowds; effective communications between chemical facility
owners and local law enforcement and first responders, as
part of Risk Based Performance Standard 9 under the Chemical
Facility Antiterrorism Standards; review of products cleared
by the Food and Drug Administration under the SAFETY Act and
that are on the Department of Defense list of approved
treatments for possible use; and on-going work at the
National Infrastructure Simulation and Analysis Center in
conjunction with the National Incident Management Systems and
Advanced Technologies Institute at the University of
Louisiana at Lafayette. The bill includes not less than
$18,000,000 for the National Infrastructure Simulation and
Analysis Center.
The National Infrastructure Protection Plan Management and
the Critical Infrastructure and Key Resources Partnerships
and Information Sharing programs jointly receive $33,933,000.
GAO is directed to review NPPD efforts to implement these
programs and to make recommendations to improve coordination
and efficiency, as directed in the Senate report.
Within the total provided, no less than $26,521,000 is to
conduct vulnerability assessments.

Cyber Security

The National Cyber Security Division, which implements DHS
responsibilities identified in the Comprehensive National
Cyber Security Initiative, receives $385,679,000. The Cyber
Security Standards, Workforce Development, and Awareness
program, which includes a variety of specialized analysis
activities and training programs, receives $76,017,000 in the
bill, including $3,000,000 for State and local cyber security
training administered by the University of Texas at San
Antonio.
A provision is included which withholds $100,000,000 of the
NCSD budget until NPPD provides a detailed expenditure plan
for all DHS NCSD activities.

Control Systems Security

More and more of our nation's physical infrastructure, such
as electric utility grids, water and sewage systems, and
transportation infrastructure and networks, is connected to
the Internet. While this technology has generated
efficiencies in the operation and control of complex systems,
many of these network devices are vulnerable to hostile
takeover or malicious attacks, as evidenced by the recent
``Stuxnet'' malware attack on certain types of industrial
centrifuges. Integrating agreed-upon industry standards into
the development and manufacturing process for future control
system products offers a high likelihood of successfully
countering automation vulnerabilities. Current DHS-industry
efforts are projected to take up to 10 years to promulgate
the full range of envisioned industrial standards, a
timeframe that is unacceptably long given the rapidly
evolving cyber threat. DHS, in conjunction with industry
partners, is directed to accelerate the development timeline
for control system security standards. NPPD is directed to
brief the Committees on the process to expedite standards
development no later than 90 days after the date of enactment
of this Act.

Multi-State Information Sharing and Analysis Center

DHS has an on-going program with the Multi-State
Information Sharing and Analysis Center (MS-ISAC) for
security-related operations designed to protect State and
municipally-owned computer networks. MS-ISAC provides world
class service to its customers and serves as the premier
State and local government cyber security entity. Additional
funds will allow the Center to expand its managed security
services, situational awareness, incident response, cyber
security assessments and cyber research and analysis to other
States and localities. In addition to amounts requested by
DHS, the bill includes $3,000,000 for expansion of MS-ISAC
activities so that the center can serve as many other States
and municipalities as possible.

Office of Emergency Communications

The bill includes $45,339,000 for the Office of Emergency
Communications, $1,000,000 over the requested level based on
the reconfigured budget structure. Additional funding is for
SEARCH, the National Institute for Emergency Communications
Interoperability, to continue training State, regional, and
local first responders responsible for managing interoperable
communications systems.

National Security/Emergency Preparedness Telecommunications

The bill provides $108,169,000 for the National Security/
Emergency Preparedness Telecommunications programs, which is
the requested level based on the reconfigured budget
structure.
As in past years, the bill withholds $10,000,000 of funding
for the Next Generation Networks (NGN) program until NPPD
submits an expenditure plan showing how funds provided for
NGN will be used to achieve the program's goals.

FEDERAL PROTECTIVE SERVICE

The bill includes $1,115,000,000 for the Federal Protective
Service (FPS), as requested, for fiscal year 2011; this
amount is fully offset by collections of security fees.

Adequacy of Federal Protective Service Resources

The bill requires the Secretary and the Director of the
Office of Management and Budget to adjust FPS security fees
to ensure that the agency employs a staff of at least 1,348
personnel by September 1, 2011, of which 1,011 are required
to be in-service field staff directly engaged on a daily
basis protecting and enforcing laws at Federal buildings.
Further, the bill requires FPS to be fully funded during
fiscal year 2011, therefore the staff level shall be no less
than 1,200 employees, including at least 900 Police Officers,
Inspectors, Area Commanders, and Special Agents through
September 1, 2011, at which time the additional employees
shall be on board. Given recent attacks on Federal employees
in Austin, Texas; Las Vegas, Nevada; and the Pentagon, the
Administration needs to recognize the growing gap between the
security needs for Federal facilities and the limited
resources with which FPS is expected to protect these same
government installations.
Since FPS is currently authorized as a fee-for-service
agency, these activities must continue to be financed by
collection of security fees from agencies unless the FPS
statutory authorization is changed. It is imperative that the
Administration construct a fiscal year 2012 budget that
identifies the fee resources necessary to provide adequate
security at Federal facilities nationwide, consistent with
the FPS workforce analysis. Although NPPD was directed in
Senate Report 111-188 to submit this analysis no later than
September 12, 2010, to date the Committees have not received
it. To ensure this analysis is appropriately accounted for in
the budget, FPS is directed to submit it to the Committees on
Appropriations and GAO without delay.
In addition, the Committee directs FPS to review its use of
contract guard services at Federal facilities, as recommended
by GAO, and to provide a briefing on its findings no later
than six months after the date of enactment of this Act.

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

The bill provides $339,263,000 for United States Visitor
and Immigrant Status Indicator Technology (US-VISIT), of
which $50,000,000 is available until September 30, 2012, and
$125,000,000 is unavailable for obligation until the
Committees on Appropriations receive an expenditure plan
containing the elements specified in Public Law 110-329. The
bill includes $4,650,000 above the request for Identity
Management and Screening Services to permit the Biometric
Support Centers to meet increased workload and demand for law
enforcement and intelligence analyses, and reduce overstay
resolution backlog. Bill language is included reserving
$50,000,000 of prior year balances solely for biometric air
exit. The rescission of $28,000,000 in prior year balances
contained in section 582 shall not result in a reduction in
balances available to meet the requirement in the bill to
obligate $50,000,000 solely for purposes of implementation of
a biometric air exit system.
US-VISIT shall brief the Committees not later than February
16, 2011, on plans to

[[Page 20575]]

eliminate the backlog of ``unvetted'' overstay records, to
include schedule and resource requirements. US-VISIT is
directed to sustain critical efforts to: achieve
interoperability with other agencies, including the
Departments of Justice, State, and Defense; integrate new
biometric technology; and support data sharing with
international partners. US-VISIT is also directed, in
conjunction with other agencies as appropriate, to provide
semiannual briefings on interagency interoperability;
planning for biometric exit solutions, to include data
sharing with Canada and Mexico, and in redesign or
replacement of ports of entry; and, as described in the
Senate report, ongoing efforts to share biometric information
with other countries about criminals, immigration violators,
and known or suspected terrorists, as well as steps underway
to strengthen DHS' leadership position in biometric and
identity management.

Office of Health Affairs

The bill provides $157,984,000 for the Office of Health
Affairs (OHA). Included in the total, $113,505,000 is for the
BioWatch program, including all generations of the technology
currently in use or undergoing development, of which no less
than $4,500,000 is for further testing of Generation 3
technology. OHA is directed to use the Bioterrorism Risk
Assessment process to examine the costs and benefits of the
BioWatch program and revisit its goals. OHA should provide
evidence of the capabilities of the Generation 3 technology,
as well as a cost benefit analysis, with any request for
funding a program expansion. OHA shall notify the Committees
15 days prior to deploying any BioWatch device to new
locations. OHA is directed to provide an expenditure plan for
the BioWatch program within 60 days after the date of
enactment of this Act.
The bill provides $11,250,000 for the National
Biosurveillance Integration System (NBIS), of which
$4,750,000 is for the North Carolina Collaboratory for Bio-
Preparedness to continue a demonstration project for the
statewide system to analyze public health trends and detect
incidents. Within the remaining amount, $3,500,000 is
withheld from obligation until OHA delivers to the Committees
a strategic plan for the NBIS, including progress on
implementing the recommendations in GAO-10-171.
The bill provides $3,900,000 for the Rapidly Deployable
Chemical Detection System, of which $1,500,000 provided above
the request is to complete at least one additional
demonstration project, to be competitively selected. The bill
includes $2,276,000 for planning and coordination. This
amount includes sufficient funding to maintain OHA's role in
HSPD through the Food, Agricultural and Veterinary Defense
Division.

Federal Emergency Managemen Agency

MANAGEMENT AND ADMINISTRATION

The bill provides $764,296,000 for the Federal Emergency
Management Agency (FEMA) Management and Administration
activities. FEMA is directed to provide an expenditure plan
not later than 75 days after the date of enactment of this
Act. The expenditure plan shall present information
aggregated by directorate and office, showing all sources of
funding. Specific information regarding the transfer of
funding from the State and Local Programs appropriation
should be included, with the same level of detail currently
provided to the Committee. FEMA is directed to meet with the
Committee within 5 days of the date of enactment of this Act
to reach an agreed upon format for this reporting
requirement. The Committees shall be notified within 15 days
if any office receives or transfers out more than 5 percent
of the total amount allocated in the expenditure plan. A
provision is included requiring FEMA to submit its fiscal
year 2012 budget request by office with the level of detail
currently provided in the congressional justification
materials.
Included in the total is $4,000,000 for the Emergency
Management Assistance Compact (EMAC), as requested, and
$11,000,000 for the Emergency Management Institute (EMI).
FEMA is directed to identify the request for EMI and EMAC in
future budget requests. The bill includes the requested
$23,300,000 for capital upgrades. FEMA shall report any
differences from the capital improvement plan outlined in the
fiscal year 2011 congressional justification, and provide a
justification for such differences.
The bill provides $18,213,000, as requested, for the
Integrated Public Alert and Warning System, of which up to
$2,000,000 is to study the Radio Broadcast Data System
technology as directed in the Senate report, to be
competitively awarded.
The President requested $71,076,000 for the Office of the
Chief Information Officer, which is provided; however, the
amount should be treated in the same manner as all other
funds requested and not as a PPA as listed in the Senate
report. FEMA is directed to brief the Committees on any
variations from the request prior to the changes being
implemented. Within this amount, $5,900,000 is provided for
data center migration, as requested.
The bill provides $38,000,000 for the Urban Search and
Rescue Response System, $10,000,000 above the request. FEMA
is directed to provide an expenditure plan not later than 90
days after the date of enactment of this Act. The expenditure
plan should include the results of a review of the program to
ensure the capacity is meeting the needs as outlined in
Senate Report 111-222.
The bill includes $7,049,000 for the Office of National
Capital Region Coordination and a provision requiring the
inclusion of the Governors of the State of West Virginia and
the Commonwealth of Pennsylvania in the National Capital
Region decision-making and planning process for mass
evacuation. The Department is directed to include officials
from the counties and municipalities that contain the
evacuation routes and their tributaries into the planning
process.
FEMA is directed to brief the Committees not later than 30
days after the date of enactment of this Act regarding the
agency's efforts to delegate certain authorities from
headquarters to the offices of the Regional Administrators.
The briefing shall include a list of authorities that have
been or will be delegated; a timeframe for implementation;
and what procedures will be instituted to ensure consistent
application of FEMA policies across the Nation.
FEMA is directed to brief the Committees quarterly on its
core administrative functions, as directed in the Senate
report; however, the briefings shall be provided by the
Deputy Administrator.
The Committees appreciate the effort of the Federal, State,
Local, and Tribal Preparedness Task Force and the timely
report transmitted to the Congress in October, 2010 which
included recommendations related to homeland security and
emergency management policies, grants, and assessments. FEMA,
in cooperation with the Office of Intergovernmental Affairs,
is directed to brief the Committees no later than 30 days
after the date of enactment of this Act on the findings of
the Task Force. The briefing shall include the specific
process (including timelines) that will be used to adjudicate
the current recommendations and how the accepted
recommendations will be implemented; specific topics
identified for additional study and how the information will
be obtained; and the process by which the Task Force will
engage the larger user community to clarify and solidify
recommendations and items needing further discussion. The
briefing shall include recommendations on any new authorities
needed to fulfill the recommendations. Additionally, all
briefings required of FEMA in this Explanatory Statement that
address a topic for which a recommendation was made shall
address that recommendation in the briefing.
The Office of Individual and Community Preparedness is
directed to brief the Committees within 60 days after the
date of enactment of this Act on actions that will be taken
to increase individual and community preparedness and the
FEMA resources being devoted to this purpose. FEMA is
directed to create an inventory of products that have been
developed by the Citizen Corps program to further individual
and community preparedness, as directed in Senate Report 111-
222.
FEMA, in conjunction with the appropriate research entity,
is directed to provide a report on the status of planning, as
directed in Senate Report 111-222.
FEMA is directed to report, within 180 days after the date
of enactment of this Act, on its comprehensive approach to
training and education, identifying any gaps and a plan to
address those gaps as specified in the Senate report. This
report shall be coordinated with and submitted in conjunction
with the report on continuing training as required under the
heading State and Local Programs.
Additional efforts are required to clarify leadership and
coordination issues within the draft National Disaster
Recovery Framework, which was released in February 2010. FEMA
is directed to remain focused on this effort and provide the
necessary resources to improve, finalize, and implement the
framework.

state and local programs

(Including Transfer of Funds)

The bill provides $3,080,450,000 for State and Local
programs. Funding is allocated as follows:
State Homeland Security Grant Program......................$950,000,000
Operation Stonegarden....................................[60,000,000]
Citizen Corps Program....................................[10,000,000]
Urban Area Security Initiative..............................977,500,000
Nonprofit Security grants................................[19,000,000]
Radiological and Nuclear Detection.......................[20,000,000]
National Special Security Events State and local reimburs[17,500,000]
Regional Catastrophic Preparedness Grants....................35,000,000
Metropolitan Medical Response System.........................41,000,000
Public Transportation Security Assistance and Railroad Security
Assistance................................................350,000,000
Amtrak...................................................[25,000,000]
Over-the-Road Bus Security Assistance....................[12,000,000]
Port Security Grants........................................350,000,000

[[Page 20576]]

Buffer Zone Protection Program Grants........................35,000,000
Interoperable Emergency Communications Grant Program.........35,000,000
Emergency Operations Centers.................................50,000,000
National Programs:
National Domestic Preparedness Consortium.................159,500,000
Center for Counterterrorism and Cyber Crime.................2,450,000
National Exercise Program..................................38,000,000
Technical Assistance.......................................13,000,000
Continuing Training Grants.................................30,000,000
Evaluations and Assessments................................14,000,000
Subtotal, National Programs.................................256,950,000
Total, State and Local Programs..........................$3,080,450,000

FEMA is required to brief the Committees five days prior to
any announcement of the intention to make a grant award under
State and Local Programs. Such briefings shall include
detailed information on the risk analysis employed, the
process for determining effectiveness, the process or formula
used for selecting grantees, and any changes to methodologies
used in the previous fiscal year.
FEMA is required to report to the Committees, not later
than 90 days after the date of enactment of this Act,
following a review of its practices and policies regarding
the grant process, including but not limited to, the
environmental and historic review process and investment
justification reviews. The agency should examine what
processes are in place because of law, regulation, and agency
policy and suggest changes that would streamline the process
to allow grantees to access funds faster while still ensuring
accountability. In addition to examining its own processes,
FEMA should include recommendations to incentivize grantees
to draw down funds in a more prompt manner. As a part of this
review FEMA is expected to examine the workload of Grants
Programs Directorate staff and evaluate whether that workload
provides for appropriate oversight of the grants.
FEMA should ensure that it uses risk models that are
validated by external experts and subject to rigorous peer
review. FEMA is directed to brief the Committees on the
process it will undertake to implement external validation of
its risk models for the 2012 grant cycle.
FEMA should continue to consider the needs for mass
evacuation planning and pre-positioning of equipment for
areas potentially impacted by mass evacuations in allocating
first responder funds.
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
(LETPP) is funded through a required set-aside of 25 percent
of the State Homeland Security Grant Program and Urban Area
Security Initiative (UASI) programs. FEMA shall provide clear
guidance to States and urban areas to ensure the intent of
the LETPP is fully realized and the program is fully
maximized. Further, FEMA is expected to comply with
provisions of current authorizing statute regarding policies
regarding paying salaries for intelligence analysts, as well
as for distribution of UASI grants on the basis of risk.
All awards under Operation Stonegarden shall be made on a
competitive basis to areas of the greatest risk and need. All
border states shall be eligible to apply for grants under
Operation Stonegarden in fiscal year 2011. Operation
Stonegarden's eligible costs include, but shall not
necessarily be limited to: overtime; vehicle maintenance;
vehicle and equipment rental costs; reimbursement for
mileage; fuel costs; equipment replacement costs; and travel
costs for law enforcement entities assisting other local
jurisdictions in law enforcement activities. The Committees
direct that only CBP and FEMA make recommendations on award
decisions. No administrative costs shall be deducted from
Operation Stonegarden award totals by States. In order to
continue to monitor the program's efficiency and ensure
funding is being allocated to areas of greatest need and
risk, FEMA and CBP are required to undertake a thorough
analysis using the most current data and brief the Committees
on the information it will use to assess which areas are in
greatest need of funding.
The Citizen Corps program shall be administered consistent
with previous years, and shall retain an all hazards focus.
Within the funding provided for UASI is $20,000,000 for the
purchase of radiological and nuclear detection equipment.
Also within the amount provided for UASI, $17,500,000 is
provided to reimburse actual costs incurred by State and/or
local governments affected by National Special Security
Events, including use of services, personnel, equipment, and
facilities. FEMA shall brief the Committees within 60 days
after the date of enactment of this Act regarding the process
to distribute this funding, including the application process
and eligible costs. Funds shall remain available until
expended and are not subject to any legislated timeframes
required under ``State and Local Programs''.
The Committees are aware of press reports of diverted
Federal grant money being used for executive transport and
serious allegations of fraud in ``Project Shield''. The
Committees are aware that the DHS IG is currently reviewing
all UASI expenditures in the Chicago area, including a review
of such allegations. The Committees direct the GAO to also
review and report on the propriety of UASI expenditures in
Cook County, Illinois.
FEMA, and the grant subject matter experts, in the
allocation of funds for Buffer Zone Protection Program Grants
and Non-profit Security Grants, are directed to consult and
incorporate the input of State, local, and private partners
in assessing risk and need.
FEMA is urged to ensure coordination between the
Metropolitan Medical Response System and other FEMA programs,
such as the National Exercise Program. FEMA should fully
leverage this program's unique role as a bridge between
emergency management and medical response disciplines.
FEMA is directed, in conjunction with the Office of Health
Affairs (OHA), to report to the Committees regarding the
current state of disaster preparedness capabilities of
Emergency Medical Service (EMS) providers. This report is due
no later than six months after the date of enactment of this
Act and shall include an analysis of the gap between current
and target capabilities. Further, in conjunction with OHA,
FEMA is directed to review the amount of first responder
grant funding emergency medical service providers are
receiving and evaluate whether current funding levels are
sufficient to meet capability requirements for disaster
preparedness. Further, the Department should develop guidance
on proposed approaches to utilize grant funding to address
those gaps in order to ensure EMS preparedness and the use of
EMS services to reduce strains on hospitals during a mass
casualty event.
FEMA is directed to fully fund the graduate and executive
level homeland security education programs currently
supported by the Department. The Department is directed to
maintain its strong support for these proven curricula, and
to continue to leverage them where appropriate as the
Department meets the growing need for education within its
own ranks and by States and localities around the Nation. The
Committees note the importance of Mobile Education Teams
providing homeland security seminars for State and local
elected officials and senior staff.
Within the funding provided for Continuing Training Grants,
grants for state and local government intelligence awareness
training shall not be less than $1,000,000 above the levels
funded in fiscal year 2010. Not later than 180 days after the
date of enactment of this Act, FEMA is directed to report on
the needs being met by the continuing training grants to date
including any gaps in specific evolving needs, as required in
Senate Report 111-222. This report shall be coordinated with
and submitted in conjunction with the report on training and
education as required under the heading Management and
Administration.
The Office of the Administrator is directed to brief the
Committees on a quarterly basis on the progress of
implementing an outcomes based preparedness assessment. The
initial brief shall include a review of how other nations
have attempted to complete such an effort. Additionally, the
initial brief shall include a discussion on the
recommendations related to capabilities and assessments from
the report ``Perspectives on Preparedness: Taking Stock Since
9/11, September 2010''', including how FEMA intends to
respond to the recommendations, complete with timeframes.
The Department is encouraged to require State and local
governments to include non-governmental field and hospital
based emergency medical service providers in their
interoperability planning. The Department is encouraged to
require State and local governments to address child care
services in response and recovery plans, exercises and
training. The Department is further encouraged to require
State and local governments to include tribal governments,
rural water associations, and chief information officers in
planning efforts.
FEMA is directed to allow transit agencies to permit States
to be subgrantees to facilitate regional planning and
programs.
Administration and implementation of the Regional
Catastrophic Preparedness Grant Program shall be as outlined
in Senate Report 111-222, including treatment of the cost
share.
The Committees expect that grantees must certify to FEMA
that the necessary investments are being made for an
effective interoperable communications process to ensure
plans are kept up-to-date and federal funds are not wasted.
FEMA is encouraged to continue to provide training to first
responders through the Domestic Preparedness Equipment
Technical Assistance Program.
Funding for Emergency Operations Centers shall be allocated
for projects as specified in the bill, and the remaining
funding shall be competitively awarded.

FIREFIGHTER ASSISTANCE GRANTS

The bill provides $840,000,000 for Firefighter Assistance
Grants, including $420,000,000 for firefighter assistance
grants and $420,000,000 for firefighter staffing grants. The
bill includes a provision to waive certain cost

[[Page 20577]]

shares and maintenance of effort provisions associated with
firefighter staffing grants. FEMA is directed to continue
administering the grant programs consistent with previous
years as specified in the conference report accompanying P.L.
111-83. FEMA is directed to submit the U.S. Fire Needs
Assessment concurrent with the fiscal year 2012 budget
submission. FEMA is further directed to brief the Committees
on Appropriations no later than 60 days after the date of
enactment of this Act on the implementation of
recommendations in GAO-10-64 to improve the grant process.

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

The bill provides $345,000,000 for Emergency Management
Performance Grants.

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The bill provides for the receipt and expenditure of fees
collected, as authorized by P.L. 105-276.

UNITED STATES FIRE ADMINISTRATION

The bill provides $45,930,000 for the United States Fire
Administration. FEMA is directed to identify the funding
level for the National Fire Incident Management System in
future budget requests.

DISASTER RELIEF

(Including Transfers of Funds)

The bill includes $1,950,000,000 for the Disaster Relief
fund. FEMA is directed to submit an estimate for obligations
which are expected to occur during the 2012 fiscal year and
have been excluded from formulation of the underlying
President's budget request, including those associated with
catastrophic events concurrent with the budget submission. A
provision is included in the bill requiring FEMA to submit an
expenditure plan to the Committees detailing the use of funds
for the disaster readiness and support account not later than
60 days after the date of enactment of this Act. FEMA shall
provide quarterly reports detailing obligations against the
expenditure plan and a justification for any changes in
spending. As required in the bill, FEMA is directed to
continue monthly reports detailing allocations, obligations
and undistributed amounts related to all disasters in the
same level of detail as currently presented to the
Committees. Within the amount provided $16,000,000 shall be
transferred to the DHS IG for audits and investigations
related to disasters and $145,600,000 shall be transferred to
FEMA ``Management and Administration''.
FEMA is required to notify the Committees prior to closing
or moving logistics distribution centers.
FEMA is directed to maintain the Florida long-term recovery
office as long as there is sufficient work to be done
following the 2004 and 2005 hurricanes that struck the State.
FEMA is directed to notify the Committees 60 days prior to
closing the office.
The DHS IG is directed to report, not later than 120 days
after the date of enactment of this Act, on the costs
associated with the Disaster Housing Assistance Program, the
benefits that have been provided, and the percent of funding
provided to program management and oversight.
FEMA is instructed to report to the Committees not later
than 60 days after the date of enactment of this Act on its
implementation of recommendations on the 2009 IG report
entitled ``Improvements Needed in Disaster Contract
Management''.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

The bill provides $295,000 for the cost of direct loans. As
outlined in Senate Report 111-222, FEMA is directed to
continue assistance for Special Community Disaster Loan
waiver applications, and for loans which are not cancelled,
FEMA is directed to assist with extended repayment deadlines.

FLOOD HAZARD MAPPING AND RISK ANALYSIS

The bill provides $194,000,000 for flood hazard mapping and
risk analysis. FEMA shall continue to focus funds on
reviewing, updating, and maintaining maps to accurately
reflect flood hazards. The goal shall be to review and, where
necessary, to update and maintain data, methodologies, models
and maps that have been modernized, and to issue map updates
no later than five years past the modernized dates of the
maps. FEMA is directed to provide no less than 20 percent of
the funds provided under this heading for map updates and
maintenance conducted by Cooperating Technical Partners
(CTPs) that provide at least a 25 percent cash match and have
a strong record of working effectively with FEMA on
floodplain mapping activities. When allocating map
modernization funds, FEMA is encouraged to prioritize as
criteria the number of stream and coastal miles within the
State, the Mississippi River Delta region, and the
participation of the State in leveraging non-federal
contributions. FEMA is strongly encouraged to partner with
and leverage all available resources from Federal agencies,
State and local governments, academia and CTPs towards
acquiring elevation data.
With the 2012 budget request, FEMA shall submit a status
report on the progress made towards the five year Risk
Mapping, Assessment, and Planning (RiskMAP) strategy. FEMA is
directed to establish a RiskMAP Advisory Committee to include
Federal, state and local government representatives, non-
governmental organizations, and private sector stakeholders.
FEMA is strongly encouraged to include CTPs on the Advisory
Committee. FEMA shall submit an annual report with the first
one due no later than 180 days after the date of enactment of
this Act on the recommendations of the Committee and any
actions taken by FEMA.
FEMA is directed to report, not later than 180 days after
the date of enactment of this Act, on its efforts to
transition to database driven digital maps.
The Committees recognize that, consistent with Senate
Report 111-188 related to the Supplemental Appropriations
Act, 2010 (Public Law 111-212), FEMA has created an
interagency task force to resolve concerns regarding flood
maps, and GAO has begun its review of this effort. Therefore,
the Senate report requirement to begin these efforts is no
longer necessary. FEMA and GAO are directed to continue
implementing these requirements expeditiously.

NATIONAL FLOOD INSURANCE FUND

The bill provides $22,145,000 for salaries and expenses and
$146,855,000 for flood plain management and mapping. Based on
updated estimates from FEMA, the bill authorizes $110,000,000
for operating expenses and $963,339,000 for commission and
taxes of agents. Further, the bill authorizes $40,000,000 for
the severe repetitive loss program.
FEMA is directed to review and report on its existing
Community Assistance Program grant process and allocation
methodology to ensure equitable distribution of funds in
relation to existing and anticipated floodplain management
and mapping activities. FEMA shall submit a report to the
Committees by March 1, 2011, documenting the existing process
and allocation methodology and any proposed changes to be
implemented in fiscal year 2012.

NATIONAL PREDISASTER MITIGATION FUND

The bill provides $85,000,000, including funding for the
following projects at the following locations. The remaining
funding shall be competitively awarded.

Predisaster mitigation projects

Amount
Borough of Hatboro, PA..........................................$74,000
Campbell Police Department, CA..................................180,000
City of Arvada, CO............................................1,000,000
City of Binghamton, NY..........................................500,000
City of Covina, CA..............................................375,000
City of Hammond, IN.............................................750,000
City of Kannapolis, NC..........................................900,000
City of Minneapolis, MN.......................................1,000,000
City of Paris, KY................................................70,000
City of Salem, MA.............................................1,000,000
City of San Mateo-Department of Public Works, CA..............1,000,000
City of Venus, TX................................................80,000
County of Los Angeles, CA.......................................520,000
County of Sonoma, CA..........................................1,000,000
Henry County, GA................................................960,000
Hinds County Board of Supervisors, MS...........................500,000
Logan County Government, CO.....................................140,000
Lucas County Engineer, OH.......................................400,000
Memphis-Shelby County Airport Authority, TN...................1,000,000
Monterey County Water Resources Agency, CA....................1,000,000
Ohio University, OH.............................................460,000
Orange County Government, FL..................................1,000,000
Town of Cary, NC................................................750,000
Town of East Hampton, NY........................................800,000
Town of Fairfield, CT.........................................1,000,000
Town of Harrison, NY............................................600,000
Town of Livingston, NY...........................................19,000
Town of Niagara, NY.............................................250,000
Town of Winchester, MA........................................1,000,000
Township of Hopewell, NJ........................................353,000
Vienna Police Department, VA....................................175,000

EMERGENCY FOOD AND SHELTER

The bill provides $150,000,000 for the Emergency Food and
Shelter program.

TITLE IV

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

United States Citizenship and Immigration Services

The bill provides $297,993,000 in discretionary
appropriations for United States Citizenship and Immigration
Services (USCIS). This amount includes $176,400,000 for USCIS
to process refugee applications and asylum claims, rather
than funding these activities through surcharges on other
immigrants' application filing fees. No funding is provided
for the cost of military naturalizations, which will be paid
by the Department of Defense, as proposed in the budget.
Within the total provided, $7,193,000 is for USCIS data
center consolidation. No discretionary funding is provided
for the Systematic Alien Verification for Entitlements (SAVE)
program or for the salaries and expenses of the immigrant
integration program. USCIS is directed to submit a
reprogramming to the Committees as soon as possible to
reflect fee-derived expenditures for SAVE and immigrant
integration salaries and expenses.

User Fee Funded Programs

The budget estimates that USCIS will make $2,426,557,000 in
fee-funded expenditures in fiscal year 2011. Revenues from
fees paid by persons applying for immigration benefits
constitute the majority of USCIS's resources, and support
adjudication of applications for immigration benefits as well
as

[[Page 20578]]

government investigations aimed at preventing fraud within
the immigration system.
On November 23, 2010, USCIS increased fees charged to
immigration applicants. However, given the variability in the
USCIS revenue projections, it is not clear whether such
pricing changes will be sufficient to finance the agency's
on-going operational activities over the long term. USCIS is
directed to brief the Committees on the steps it is taking to
ensure that operations are properly sized to match processing
goals with cash flow estimates.
Within the total fees collected, USCIS is directed to
provide no less than $29,000,000 to convert immigration
records to digital format, as requested. No more than $10,000
of the fees collected shall be used for official reception
and representation expenses.

Refugee Applications and Asylum Claims

The bill provides $176,400,000 for USCIS to process refugee
applications and asylum claims without charge to any
immigration applicant, which is $30,600,000 below the budget
request. This reduction reflects the fact that the
Administration did not finalize a revised rule for USCIS
application fees until November 23, 2010, meaning that USCIS
collected surcharges for processing asylum and refugee
applications until that date.
Since the processing of refugee and asylum claims in fiscal
year 2011 will be paid for by the American taxpayer, USCIS
should be prepared to provide more information to Congress
about how it manages the processes for administering these
adjudications. USCIS is directed to brief the Committees at
least quarterly in fiscal year 2011 on the application
volumes, processing times, and country-by-country quotas and
actual admissions for refugees and asylum seekers. USCIS is
also directed to develop and report program performance
measures that illustrate how the agency is ensuring that
refugee status or asylum protection cases are adjudicated
fairly and in an appropriate length of time. Finally, given
concerns about the appropriateness of certain DHS policies
that result in detention of asylum claimants, USCIS is also
directed to work jointly with ICE, the Department's Office of
Policy, and the Department of Justice Executive Office of
Immigration Review to develop a Department-wide policy to
ensure that people who claim asylum, yet are subject to
physical detention, have their cases adjudicated as
expeditiously as appropriate and to report to the Committees
by March 1, 2011, on progress in implementing this policy.

E-Verify

The bill provides $103,400,000 for the E-Verify Program, as
requested. An updated audit of E-Verify shows that USCIS has
made progress improving the accuracy of the system. However,
USCIS must also ensure that there are appropriate controls
and analytical systems in place to identify inappropriate use
of the E-Verify Program by employers who would take advantage
of its functionality for exploitative or illegal purposes. As
a result, USCIS is directed to provide regular briefings on
its progress implementing a robust compliance review program
for E-Verify, including any actions taken to address
instances of misuse of the system.

Naturalization Ceremonies

The Committee directs USCIS to identify, in the 2012 budget
submission, all funds allocated to naturalization and oath of
allegiance ceremonies. In addition, the Committee directs
USCIS to work with local public and private groups to hold
naturalization and oath of allegiance ceremonies as part of
community Flag Day, Independence Day, and Constitution Day
celebrations.

Special Immigrant Visa Process for Iraqis

Special Immigrant Visas (SIVs) for certain Iraqi nationals
were authorized in section 1244 of the National Defense
Authorization Act for fiscal year 2008 to provide immigration
benefits for Iraqis facing ongoing, serious threats resulting
from their employment by or on behalf of the U.S. government.
The application process for SIVs has been burdensome and
confusing for many applicants. USCIS is encouraged to work
with the Department of State to examine and reform SIV
application procedures, including revisions to communicate
clearly with denied applicants the reasons for their denials
and to establish a review process for denied applications.

Federal Law Enforcement Training Center

SALARIES AND EXPENSES

The bill provides $234,500,000 for the Federal Law
Enforcement Training Center (FLETC) Salaries and Expenses, of
which $30,000,000 is for Management and Administration. The
requested transfer of the National Computer Forensics
Institute (NCFI) to FLETC is denied. Funding for the NCFI is
provided under the Secret Service.

ACCREDITATION

The bill provides $1,419,000, in a separate account, for
accreditation activities to measure and assess the quality
and effectiveness of Federal law enforcement training
programs, facilities, and instructors. The Committees have
created a separate accreditation account to increase the
visibility of this activity.

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

This bill provides $38,456,000 for Acquisitions,
Construction, Improvements, and Related Expenses.

Science and Technology

MANAGEMENT AND ADMINISTRATION

The bill provides $145,959,000 for Science and Technology
(S&T) Management and Administration. This reflects no funding
for data center migration, and $3,000,000 for management of
research and development transferred from the Domestic
Nuclear Detection Office. S&T shall provide semiannual
briefings to the Committees on the status of testing and
evaluation of all level one acquisitions. S&T is directed to
brief the Committees not later than February 16, 2011, on
amounts deobligated from projects during fiscal year 2010,
and the projects to which such funds were subsequently
obligated, and to provide such briefings thereafter in
conjunction with submission of its annual budget requests.
S&T shall report to the Committees, in conjunction with the
submission of its fiscal year 2012 budget, and annually
thereafter in each succeeding budget request, on results of
its research and development efforts in the previous fiscal
year. This report shall include new technologies or
capabilities delivered to front line users, and whether such
deliverables were the result of projects reviewed as part of
integrated product team processes. S&T shall brief the
Committees not later than February 16, 2011, on the quality
of test and evaluation capacity in DHS, and S&T efforts to
assist test and evaluation efforts by other DHS component
agencies.

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

The bill provides $902,651,000 for Research, Development,
Acquisition, and Operations. The following table specifies
funding by budget program, project, and activity:
Border and Maritime Security................................$39,936,000
Chemical and Biological.....................................200,800,000
Command, Control, and Interoperability.......................77,550,000
Explosives..................................................120,800,000
Human Factors................................................15,400,000
Infrastructure and Geophysical...............................56,965,000
Innovation...................................................44,000,000
Laboratory Facilities.......................................122,000,000
Radiological and Nuclear....................................109,000,000
Test and Evaluation/Standards................................23,100,000
Transition...................................................43,100,000
University Programs..........................................50,000,000
________________

Total, Research, Development, Acquisition, and Operations$902,651,000
S&T is directed to brief the Committees not later than
February 16, 2011, on: (1) status of its port security
testbed for maritime situation awareness; (2) the impact of
reductions in funding on research on cyber insider threats,
law enforcement data processing intelligent sensors, forensic
methodology, and terrorist countermeasures, and how the
integrated product team approach can mitigate these impacts;
(3) progress on Virtual USA; and (4) the status of new
explosives detection technologies research efforts. S&T is
encouraged to evaluate the most effective approaches to
detecting and interdicting southbound contraband, and make
recommendations as addressed in Senate Report 111-222.
For human factors, the bill includes $2,000,000 above the
request to restore reductions in socio-behavioral research
and enhance risk analysis and management. S&T shall brief the
Committees not later than February 16, 2011, on status of its
human factors research portfolio, including biometric
research. S&T shall make efforts to further social science
expertise in its Human Factors Division and Centers of
Excellence, and work with the DHS Risk Management and
Analysis Office to improve risk analysis and management
Department wide.
S&T, in coordination with TSA, should convene a National
Academy of Sciences panel of behavioral experts to assess the
effectiveness of the Screening Passengers by Observation
Techniques (SPOT) program, to support GAO recommendations
that the S&T validation of SPOT be peer reviewed. S&T shall
brief the Committees not later than February 16, 2011, on the
status of efforts and plans to carry out this assessment.
For laboratory facilities, $122,000,000 is provided.
Included in this amount is $20,000,000 for infrastructure
upgrades and construction at the Transportation Security
Laboratory.
For infrastructure and geophysical, funds for the Southeast
Region Research Initiative are as outlined in Senate Report
111-222.
S&T is directed to notify the Committees when the Unified
Incident Command and Decision Support architecture is
complete.
For innovation, the bill includes $44,000,000. S&T is to
brief the Committees on its planned allocation of these funds
no later than 45 days after the date of enactment of this
Act. S&T shall brief the Committees not later than February
16, 2011, on its tunnel research.
For university programs, the bill includes $50,000,000.
Within this total, not less than

[[Page 20579]]

$39,000,000 is for centers of excellence, and not less than
$3,866,000 is for minority serving institutions.
S&T shall conduct an independent review of all current
research projects in the radiological and nuclear detection
area, including private sector research, before determining
its fiscal year 2011 research priorities. S&T is encouraged
to review simultaneous and passive radiation detection of
shielded and unshielded nuclear materials, such as muon
tomography and advanced electron accelerator for nonintrusive
detection of weapons of mass destruction.
S&T shall brief the Committees not later than February 16,
2011, on its expenditure plan for projects requested by the
First Responders Integrated Product Team.

Domestic Nuclear Detection Office

MANAGEMENT AND ADMINISTRATION

The bill provides $36,400,000 for Domestic Nuclear
Detection Office (DNDO) Management and Administration, and
includes a proviso requiring DNDO to submit to the Committees
on Appropriations not later than May 15, 2011, an investment
plan for closing domestic gaps in the global nuclear
detection architecture (GNDA), including such vectors as
rail, small vessels, and general aviation. Funding is
$592,000 below the request to reflect reduced staffing due to
chronic delays in hiring for GNDA efforts.

RESEARCH, DEVELOPMENT, AND OPERATIONS

The bill provides $191,242,000 for Research, Development,
and Operations. The following table specifies funding by
budget program, project, and activity:
Systems Engineering and Architecture........................$35,800,000
Systems Development..........................................59,000,000
Assessments..................................................40,000,000
Operations Support...........................................33,900,000
National Technical Nuclear Forensics Center..................22,542,000
________________

Total, Research, Development, and Operations.............$191,242,000
DNDO plans for using Systems Engineering and Architecture
funds should be spelled out in the GNDA investment plan
required in the bill. DNDO is directed to brief the
Committees on Appropriations semi-annually on progress in
developing architecture to guide technology research and
applications, the details on associated engineering and
architectural studies, and the status of associated new
technology.
The bill reflects a $10,033,000 reduction from the request
for Cargo Advanced Automated Radiography Systems. DNDO should
complete testing to make decisions on technology to deploy
for radiation scanning of on-dock rail and transshipment
seaports; ensure all technologies under consideration by
operating agencies are assessed under operational test
conditions, and report on its plans to complete this research
to the Committees by February 16, 2011. DNDO is directed to
brief the Committees on a semi-annual basis on the status of
development of automated radiography systems, its ongoing
analysis of non-intrusive inspection technology, human
portable radiation detection systems, and development of
alternatives to Helium-3; and to notify the Committees when
it plans to solicit for prototype development and pilots.
DNDO is directed to brief the Committees on a semi-annual
basis on red team exercises and net assessments, to include
vulnerabilities identified and recommendations for addressing
them.
DNDO is directed to brief the Committees not later than
February 16, 2011, on steps planned or underway to address
recommendations included in the recently completed study on
nuclear forensics by the National Academy of Sciences.

SYSTEMS ACQUISITION

The bill provides $52,000,000 for Systems Acquisition. This
includes $14,000,000 for radiation portal monitors to address
the gap in coverage at U.S. ports of entry and $38,000,000
for human portable radiation detection systems. DNDO is
directed to submit to the Committees its assessment of the
Securing the Cities program upon its completion.

TITLE V

GENERAL PROVISIONS

(Including Transfers and Rescissions of Funds)

Major changes from the general provisions contained in the
Department of Homeland Security Appropriations Act, 2010
(Public Law 111-83) include:
Section 503: Language is continued and modified that amends
certain reprogramming and transfer procedures for the funds
provided in this Appropriations Act. A detailed funding table
identifying each Congressional control level for
reprogramming purposes is included at the end of the
accompanying statement. These reprogramming guidelines shall
be complied with by all agencies funded by the Department of
Homeland Security Appropriations Act, 2011.
The Department shall submit reprogramming requests on a
timely basis and provide complete explanations of the
reallocations proposed, including detailed justifications of
the increases and offsets, and any specific impact the
proposed changes will have on the budget request for the
following fiscal year and future-year appropriations
requirements. Each request submitted to the Committees on
Appropriations should include a detailed table showing the
proposed revisions at the account, program, project, and
activity level to the funding and staffing (full-time
equivalent position) levels for the current fiscal year and
to the levels requested in the President's budget for the
following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Department should only
submit reprogramming or transfer requests in the case of an
unforeseeable emergency or situation that could not have been
predicted when formulating the budget request for the current
fiscal year. When the Department submits a reprogramming or
transfer request to the Committees on Appropriations and does
not receive identical responses from the House and Senate, it
is the responsibility of the Department to reconcile the
House and Senate differences before proceeding, and if
reconciliation is not possible, to consider the reprogramming
or transfer request not approved.
The Department is not to submit a reprogramming or transfer
of funds after May 31 except in extraordinary circumstances,
which imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after May 31, the notice should contain sufficient
documentation as to why it meets this statutory exception.
Section 515: Language is continued and modified on TSA air
cargo reporting requirements.
Section 518: Language is continued and modified on the
human resource management system.
Section 519: Language is continued and modified to reflect
permanency of the Secret Service's investigative operation
authority.
Section 521: Language is continued and modified prohibiting
use of funds pertaining to the Principal Federal Official
with certain exceptions.
Section 524: Language is included prohibiting use of funds
to violate Executive Order 13423.
Section 526: Language is continued that prohibits the
Department from carrying out section 872 of the Homeland
Security Act of 2002. However, this prohibition is not
intended to prevent the Department from carrying out routine
reallocations within components.
Section 528: Language is continued and modified to reflect
permanency of the horse and equine provision.
Section 541: Language is continued and modified pertaining
to the sale of Plum Island assets and how proceeds may be
used.
Section 542: Language is included pertaining to the
construction of the National Bio- and Agro-defense Facility
in Manhattan, Kansas.
Section 547: Language is continued and modified to make
permanent the definition of a rural area in the Homeland
Security Act.
Section 550: Language is continued and modified pertaining
to the Registered Traveler Program.
Section 555: Language is included that provides a total of
$270,800,000 for consolidation of the new DHS headquarters at
St. Elizabeths and consolidation of mission support
activities. Within 60 days after the date of enactment of
this Act, the Secretary must submit an expenditure plan to
the Committees highlighting how these funds will be
allocated. Quarterly briefings on the consolidation plans,
including any deviation from the expenditure plan, status of
approvals, and project schedule should occur thereafter.
Section 556: Language is included that provides $10,000,000
for new acquisition workforce staff and permits the Secretary
to transfer funds after notification. These funds can only
supplement, not supplant, existing acquisition workforce
staffing.
Section 557: Language is continued and modified pertaining
to the sale of Loran-C sites and the use of any proceeds.
Section 558: Language is included that requires
certification that the 100 percent screening of air cargo
carried on passenger aircraft mandate has been met and
biannual reports on the strategy to meet this mandate if
certification does not occur 180 days after the date of
enactment of this Act.
Section 559: Language is included that requires the
Secretary to ensure screening of passengers and crews for
transportation and national security purposes are consistent
with applicable laws, regulations, and guidance on privacy
and civil liberties.
Section 560: Language is included that authorizes the
Secretary to direct GSA to sell ICE Service Processing
Centers and detention facilities that no longer meet the
mission and use the funds for other ICE real property needs.
DHS shall report to the Committees no later than February
9, 2011, with recommendations for savings from the
identification of any DHS excess property as described in the
June 10, 2010, Presidential Memorandum entitled ``Disposing
of Unneeded Federal Real Estate''.
Section 561: Language is included that modifies civil and
criminal penalty sections of the U.S. Code and requires each
airport

[[Page 20580]]

operator to ensure signs are posted providing notice of
penalties. Persons may be fined without regard to signage.
Section 562: Language is included that amends the McKinney-
Vento Homeless Assistance Act to update the names of two
entities that participate in the Emergency Food and Shelter
program.
Section 563: Language is included that permits construction
related to hazard mitigation in Findlay, Ohio.
Section 564: Language is included that permits the
Secretary to transfer funds for an immigration emergency.
Section 565: Language is included that authorizes the
Secretary of Homeland Security to transfer funds from amounts
available for fiscal year 2009 or thereafter for CBP ``Border
Security Fencing, Infrastructure, and Technology'' to the
Department of Interior to mitigate adverse impacts on
endangered species resulting from construction, operation,
and maintenance activities related to border security.
Section 566: Language is included that permits the Coast
Guard to enter into agreements with the Navy for the disposal
of Coast Guard vessels at no additional cost to the Navy.
Section 567: Language is included that permanently
authorizes CBP's Advanced Training Center to charge a fee for
any service and/or thing of value it provides to Federal
government or non-government entities so long as fees charged
do not exceed the full costs.
Section 568: Language is included related to the federal
share for damages resulting from certain disasters in the
State of New Jersey.
Section 569: Language is included that directs FEMA to
consider as non-discretionary the decision to award grants
for the construction and equipping of any interoperable
communications systems for which construction was initiated
before June 1, 2009.
Sections 570-590 include rescissions from unobligated
balances within components of the Department of Homeland
Security.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

FUNDING RECOMMENDATIONS

Detailed funding recommendations for programs are contained
in the table listed below.

[[Page 20581]]

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[[Page 20583]]

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[[Page 20585]]

[[Page 20586]]

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[[Page 20589]]

[[Page 20590]]

[[Page 20591]]

[[Page 20592]]

DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES

Following is an explanation of the effects of Division G,
which makes appropriations for the Department of the
Interior, the Environmental Protection Agency, the Forest
Service, the Indian Health Service and related agencies for
fiscal year 2011. As provided in Section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and the
implementation of this division as if it were a joint
explanatory statement of a committee of conference.
This explanatory statement addresses only those agencies
and accounts for which there is a need for greater
explanation than provided in the Act. Funding levels for
appropriations by account, program and activity, with
comparisons to Fiscal Year 2010 levels and the Fiscal Year
2011 budget request, can be found in the table at the end of
this division. Except as expressly provided otherwise, any
reference to ``this Act'' or ``at the end of this statement''
shall be treated as referring only to the provisions of this
division.
FIXED COSTS--The bill contains $25,737,000 for fixed costs
for the Department of the Interior, which is approximately 25
percent of the total amount the Department expects to incur.
The increases for fixed costs are displayed by account in the
table in the back of this division. Each bureau should apply
the increase proportionately among its budget activities. The
Department is directed to report to the Appropriations
Committees within 30 days of enactment on the final
distribution by budget activity.
CHALLENGE COST SHARE GRANTS--The bill includes $9,000,000
for Challenge Cost Share Grants distributed to the Bureau of
Land Management, the Fish and Wildlife Service and the
National Park Service. This is approximately 50% of the funds
provided last year and reflects concerns raised by the
Inspector General's report. The Secretary is directed to
implement all of the IG recommendations and the IG is asked
to report to the Committees on Appropriations on the
Department's implementation of those recommendations.
REPROGRAMMING GUIDELINES--The reprogramming guidelines
included in the Joint Explanatory Statement of the Committee
on Conference which accompanied Public Law 111-88 (Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2010) are continued for Fiscal Year 2011.
Under the heading ``General Guidelines for Reprogramming.''
the following is added: (e) New programs requested in the
budget should not be initiated before enactment of the bill
without notification to, and the approval of, the Committees
on Appropriations. This restriction applies to all such
actions regardless of whether a formal reprogramming of funds
is required to begin the program.

TITLE I--DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

The bill provides $954,633,000 for Management of Lands and
Resources. Bill language included in the Title I General
Provisions provides for certain oil and gas inspection fees;
$20,000,000 will be collected through this authority, which
will help the Bureau increase inspection and compliance
activities in the field and implement recommendations of
recent GAO reviews.
Land Resources.--The bill provides an increase of
$1,250,000 for climate change impacts instead of the
requested $2,500,000. An increase of $1,000,000 above the
request is provided for air quality data mapping and a
general program increase of $350,000 for soil, water, and air
management is also provided.
Realty and Ownership Management.--The bill provides an
increase of $975,000 for new wilderness areas, which is
$325,000 less than the request, and an increase of $2,250,000
instead of $3,000,000 as requested for the renewable energy
initiative. The bill also continues the Utah GIS program with
$300,000 in the Cadastral Survey subactivity.
Wild Horse and Burro Management.--The Department's
increased emphasis on this program is encouraging but the
Bureau has an over-reliance on extensive gathering of excess
wild horses and a focus on permanent long-term holding.
Instead, the Bureau should: (1) gather and release
contracepted mares and do so only at the time of year when
the vaccine is most efficacious; (2) increase the development
of improved contraception methods with partners and the USGS;
(3) enhance demographic sampling and modeling of wild horse
populations; (4) hire an animal welfare specialist; and (5)
improve range condition evaluation and assessment. All
Federal agencies that need and use horses to fulfill their
responsibilities are encouraged to first seek to acquire a
wild horse from BLM and, prior to seeking another supplier
for usable horses, document why the BLM cannot meet the needs
of the inquiring Federal agency. Rather than buy land for an
expensive horse preserve as was requested, the bill provides
language which will facilitate long-term contracts, at less
public expense, which would be advantageous to both the
captured wild horses and the ranchers maintaining them. The
Bureau should retain the goal of managing wild horses and
burros in the wild rather than permanently retaining animals
in long-term holding. The Secretary is encouraged to enter
into cooperative agreements pursuant to Public Law 92-195
(popularly known as the ``Wild Free-Roaming Horses and Burros
Act''; 16 U.S.C. 1336) with nonprofit corporations and others
to care for wild horses and burros. Such cooperative
agreements may allow for payment of an annual stipend for
each such wild free-roaming horse or burro in the care of
such entity.
The Committees on Appropriations expect to be consulted on
a regular basis as the Departments of the Interior and
Agriculture develop policies related to the permitting of
renewable energy projects. The two Secretaries are directed
to prepare interim guidelines for siting renewable energy
projects, as directed in the report to the fiscal year 2010
appropriation, within 60 days of enactment of this Act.
The Committees request that the Secretary of the Interior
thoroughly consider methods proposed by the California Desert
and Solar Working Group to improve project screening,
eliminate speculative projects, and improve environmental
reviews. The Secretary is urged to reject solar development
applications from entities that do not complete necessary
field studies, plans for water, and plans to connect to the
grid within one year of filing an application. The Secretary
is directed to complete a report evaluating the possible
solar energy study areas in the West Mojave that respect
designated off-road vehicle routes and provide the report to
the Committees on Appropriations within 60 days of enactment
of this Act.
The increased allocation for the National Fish and Wildlife
Foundation partnership should be used for various youth-
oriented projects and activities. The Bureau should retain
its current level of support for the National Conservation
Training Center; funds shall be available to NCTC within 60
days of enactment.

CONSTRUCTION

The bill provides $4,066,000 for construction. In addition
to the requested projects, $250,000 is provided for City of
Mesquite, NV multi-purpose trail construction and a total of
$424,000 is provided for architectural and engineering
services.

LAND ACQUISITION

The bill provides $36,550,000 for land acquisition. The
bill does not include the requested funds for the National
Wild Horse Preserve. The Bureau is directed to use the
increase above the request in acquisition management to
investigate and pursue options for the care of wild horses
and burros and consult with the Appropriations Committees
before agreeing to any final course of action. The funds
provided by the bill are distributed as follows:

------------------------------------------------------------------------
State Project Amount
------------------------------------------------------------------------
AZ Grand Canyon-Parashant National $1,600,000
Monument.............................
CA Big Morongo Canyon Area of Critical 1,650,000
Environmental Concern................
CA California Wilderness................. 1,800,000
CA Carrizo Plain National Monument....... 2,200,000
CA Santa Rosa and San Jacinto Mountains 1,000,000
National Monument....................
CA Trinity National Wild and Scenic River 1,800,000
CA Upper Sacramento River Area of 2,500,000
Critical Environmental Concern.......
CO Canyons of the Ancients National 2,500,000
Monument.............................
ID Snake River Rim Recreation Area/Oregon 400,000
National Historic Trail..............
ID Upper Snake/South Fork Snake River 2,500,000
Area of Critical Environmental
Concern/Special Recreation Management
Area.................................
MT Chain-of-Lakes Recreation Management 1,000,000
Area/Lewis and Clark National
Historic Trail.......................
MT Upper Madison River Special Recreation 1,000,000
Management Area......................
NM Lesser Prairie Chicken Habitat 750,000
Preservation Area of Critical
Environmental Concern................
OR Cascade-Siskiyou National Monument.... 6,000,000
OR Crooked National Wild and Scenic River 1,200,000
OR Sandy River Area of Critical 1,500,000
Environmental Concern/Oregon National
Historic Trail.......................
UT Grand Staircase-Escalante National 700,000
Monument.............................
WY North Platte River Special Recreation 2,450,000
Management Area......................
-------------------------------------------------------
Subtotal, Line Item Projects........ 32,550,000
------------------------------------------------------------------------
Acquisition Management................ 2,500,000
Inholdings, Emergencies, and Hardships 1,500,000
-------------------------------------------------------
Total, BLM Land Acquisition......... $36,550,000
------------------------------------------------------------------------

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The bill provides $1,296,770,000 for Resource Management.
Specific changes to the request and direction include:
Endangered Species.--The bill provides $189,526,000 for
endangered species. Changes to the request include: (1)
Candidate conservation: $1,000,000 for sage grouse in western
states; (2) Listing: an increase of $1,000,000 to restore a
proposed general program reduction; and (3) Recovery:
$1,500,000 for competitive endangered species grants for
salmon to be administered by the National Fish and Wildlife
Foundation; $1,000,000 to continue the wolf livestock
demonstration program; $350,000 for Lahontan cutthroat trout;
$350,000 for Alaska sea eider; $3,000,000 for monitoring
white nose syndrome in bats; $4,000,000 to respond to rapidly
declining bird populations, which is $1,000,000 above the
request, and of which $2,000,000 is

[[Page 20593]]

for endangered birds in Hawaii; and $3,000,000 for declining
species, which is $1,000,000 below the request. The
Committees on Appropriations encourage the Landscape
Conservation Cooperatives (LCCs) throughout the sage grouse's
historic range to leverage funding with State and Tribal
Wildlife grants to fill the critical science needs necessary
for the goals in the State plans. The Committees also
maintain support for Aplomado falcon and California condor
recovery and encourage continued support for these successful
recovery efforts.
Habitat Conservation.--The bill provides $121,922,000 for
habitat conservation. Changes to the request include: (1)
Partners for fish and wildlife: $350,000 for the Maine lakes
milfoil project; $350,000 for historic Nevada steelhead and
salmon habitat; $350,000 for the Nevada Biological Resources
Research Center; $350,000 for the Natural Resources Economic
Enterprise program at Mississippi State University; and
$100,000 for the Resources First Foundation in Maine; (2)
Coastal program: $625,000 to restore a proposed general
program reduction and; (3) National wetlands inventory:
$250,000 to restore a proposed program reduction. The
Secretary is directed to designate a renewable energy
coordination office and develop permitting policies focused
on Endangered Species Act (ESA) compliance of renewable
energy projects on private lands. The Secretary is encouraged
to publish a rule under section 4(d) of the ESA during Fiscal
Year 2011 to address this concern.
National Wildlife Refuge System.--The bill provides
$504,246,000. Changes to the request include: (1) Wildlife
and habitat management: $2,500,000 for challenge cost share
partnerships and $2,700,000 for general operations to restore
a proposed program reduction; (2) Refuge visitor services:
$1,000,000 for challenge cost sharing partnerships and
$1,000,000 for the volunteers program to restore a proposed
reduction; (3) Conservation planning: $1,000,000 to restore a
proposed reduction for refuge planning; and (4) Refuge
maintenance: $750,000 for the annual maintenance base program
and a decrease of $4,250,000 for deferred maintenance that
was for the Midway Atoll project and has been moved to the
line item construction account. FWS is urged to request
funding for large construction projects in the construction
account.
Migratory Birds, Law Enforcement and International
Conservation.--The bill provides $133,281,000. Changes to the
request include the following: (1) Migratory bird management:
$1,000,000 for the joint venture program to restore a
proposed program reduction; (2) Law enforcement operations:
$2,000,000 to restore a proposed program reduction; (3)
International conservation: $150,000 for the Caddo Lake
RAMSAR Center and $1,000,000 for the Wildlife Without Borders
program to restore a proposed program reduction.
Fisheries.--The bill provides $147,837,000. Changes to the
request include the following: (1) National fish hatchery
operations: $500,000 for freshwater mussel recovery and
$500,000 to restore a proposed hatchery program reduction;
and (2) Aquatic habitat and species conservation: $1,800,000
for the West Virginia Fish and Wildlife Conservation Office;
$1,000,000 for Hawaii invasive species; $1,500,000 for Lake
Tahoe region invasive mussel prevention; and $60,000 to
restore a proposed program reduction. Funding for sea otter
programs are maintained at the fiscal year 2010 level. FWS is
directed to continue managing snakehead fish and determining
the cause of cancer in bullhead catfish in the Potomac and
South River watersheds. FWS is urged to conclude its
California Bay-Delta Study by the National Academy of
Sciences in 2011.
General Administration.--The bill provides $153,179,000.
Changes to the request include an increase of $750,000 to
restore a proposed program reduction and an additional
increase of $725,000 for operations and maintenance for the
National Conservation Training Center.
General Guidance.--The Committees on Appropriations direct
that when the Secretaries of the Interior and Agriculture
implement wildlife and habitat conservation programs, the
departments have a clear roadmap that describes the: 1) roles
of these initiatives and programs in delivering conservation;
2) methodologies to be used; 3) conservation goals and
objectives; and 4) benchmarks of success, including using key
species and specific outcomes. The fiscal year 2012 budget
justifications for the Interior and Agriculture Departments
should include this information.
Landscape Conservation Cooperatives (LCCs).--The
Secretaries of the Interior and Agriculture are encouraged to
develop a national steering committee to guide
implementation, methodologies and participation in the LCCs.
The steering committee should include representatives of
Federal, State and Tribal government agencies, non-government
organizations, congressionally-chartered conservation
foundations, local community planning organizations, and
private citizens. The LCCs should have specific, outcome-
based benchmarks that link to the National Fish and Wildlife
Adaptation Strategy, which Interior is developing and the
best available science to identify key species within
landscapes to serve as indicators for conservation actions
within particular habitats.

CONSTRUCTION

The bill provides $35,676,000 for construction. From within
this amount, the following is provided for line item
construction projects:

------------------------------------------------------------------------
State Project Description Funding Level
------------------------------------------------------------------------
National Wildlife
Refuge Projects.
AK................................ Kenai NWR-visitor $2,448,000
facility.
AR................................ Pond Creek NWR- 1,030,000
maintenance shop.
CA................................ Don Edwards San 2,150,000
Francisco Bay NWR--
Salt Ponds
restoration.
CA................................ Kern NWR-Poso Creek 550,000
weir.
CA................................ San Luis NWR-water 245,000
monitoring stations.
CNMI.............................. Mariana Trench 500,000
Marine National
Monument-visitor
center planning and
design.
HI................................ James Campbell NWR- 1,700,000
visitor center
planning and design.
MI................................ Detroit River 1,250,000
International
Wildlife Refuge
Youth Wildlife
Conservation Center.
MS................................ Theodore Roosevelt 1,000,000
NWR-Holt Collier
Visitor and
Interpretive Center.
NV................................ Nevada-Large game 150,000
water catchments.
WA................................ Turnbull NWR--Lower 1,250,000
Pine Lake Dam.
PAC............................... Midway Atoll NWR-- 3,000,000
seaplane hangar.
WV................................ Canaan Valley NW.-- 750,000
trails and
suspension bridge.
WV................................ Ohio River Islands 250,000
NWR--erosion
control.
Mult.............................. NWRS Visitor 1,500,000
Facility
Enhancements.
Mult.............................. NWRS Green Energy 1,500,000
Projects.
National Fish
Hatchery Projects:
AK................................ Matanuska-Susitna 500,000
Borough-culvert and
fish passage.
AZ................................ Alchesay NFH-water 2,439,000
supply pipeline.
ME................................ Green Lake NFH- 1,300,000
replace
disinfection system.
MI................................ Jordan River NFH- 348,000
photovoltaic energy
strips.
Mult.............................. NFHS Visitor 400,000
Facility
Enhancements.
Mult.............................. NFHS Green Energy 400,000
Projects.
---------------
Total Line Item $24,660,000
Projects.
------------------------------------------------------------------------

LAND ACQUISITION

The bill provides $101,925,000 for land acquisition to be
distributed as shown in the following table.

------------------------------------------------------------------------
State Project Amount
------------------------------------------------------------------------
AK............................... Togiak National $670,000
Wildlife Refuge.
AK............................... Yukon Delta National 285,000
Wildlife Refuge.
AK............................... Izembek National 500,000
Wildlife Refuge EIS.
AL............................... Cahaba River 300,000
National Wildlife
Refuge.
AR............................... Cache River National 3,000,000
Wildlife Refuge.
CA............................... Grasslands Wildlife 2,900,000
Management Area.
CA............................... Sacramento River 750,000
National Wildlife
Refuge.
CA............................... San Diego National 1,325,000
Wildlife Refuge.
CA............................... San Joaquin River 2,500,000
National Wildlife
Refuge.
CA............................... Stone Lakes National 750,000
Wildlife Refuge.
FL............................... St. Marks National 1,000,000
Wildlife Refuge.
GA............................... Savannah National 1,375,000
Wildlife Refuge.
HI............................... Hakalau Forest 6,000,000
National Wildlife
Refuge.
IA............................... Neal Smith National 750,000
Wildlife Refuge.
IL............................... Cypress Creek 500,000
National Wildlife
Refuge.
IL/MO............................ Middle Mississippi 500,000
National Wildlife
Refuge.
LA............................... Red River National 1,000,000
Wildlife Refuge.
LA............................... Upper Ouachita 1,600,000
National Wildlife
Refuge.
MA/NH/VT/CT...................... Silvio O. Conte 6,000,000
National Wildlife
Refuge.
MD............................... Blackwater National 2,500,000
Wildlife Refuge.
MN............................... Minnesota Valley 750,000
National Wildlife
Refuge.
MN/IA............................ Northern Tallgrass 1,500,000
Prairie National
Wildlife Refuge.
MN/WI/IA/IL...................... Upper Mississippi 2,500,000
River National
Wildlife & Fish
Refuge.
MT............................... Red Rock Lakes 2,000,000
National Wildlife
Refuge.
MT............................... Rocky Mountain Front 5,900,000
Conservation Area.
ND............................... North Dakota 1,000,000
Wildlife Management
Area.
ND/SD............................ Dakota Tallgrass 3,000,000
Prairie Wildlife
Management Area.
NH/ME............................ Umbagog National 3,000,000
Wildlife Refuge.
NJ............................... Cape May National 1,500,000
Wildlife Refuge.
NM............................... Sevilleta National 1,000,000
Wildlife Refuge.
OK............................... Ozark Plateau 500,000
National Wildlife
Refuge.
OH............................... Ottawa National 750,000
Wildlife Refuge.
PA............................... Cherry Valley 500,000
National Wildlife
Refuge.
PA/NY/NJ/CT...................... Highlands 5,000,000
Conservation Area.
SC............................... Cape Romain National 380,000
Wildlife Refuge.
SC............................... Waccamaw National 2,000,000
Wildlife Refuge.
TN............................... Chickasaw National 350,000
Wildlife Refuge.
TX............................... Balcones Canyonlands 2,000,000
National Wildlife
Refuge.
TX............................... Laguna Atascosa 1,000,000
National Wildlife
Refuge.

[[Page 20594]]

TX............................... Lower Rio Grande 2,300,000
Valley National
Wildlife Refuge.
TX............................... San Bernard National 4,000,000
Wildlife Refuge.
TX............................... Trinity River 1,000,000
National Wildlife
Refuge.
UT............................... Bear River Migratory 800,000
Bird Refuge.
VA............................... Rappahannock River 1,000,000
Valley National
Wildlife Refuge.
WA............................... Nisqually National 1,500,000
Wildlife Refuge.
WA............................... Turnbull National 990,000
Wildlife Refuge.
WA............................... Willapa National 1,000,000
Wildlife Refuge.
WV............................... Canaan Valley 500,000
National Wildlife
Refuge.
----------------
Subtotal, Line $81,925,000
Item Projects.
------------------------------------------------------------------------
Acquisition 11,000,000
Management.
User pay cost share. 2,000,000
Exchanges........... 2,000,000
Inholdings, 5,000,000
Emergencies, and
Hardships.
----------------
Total, FWS $101,925,000
Acquisition.
------------------------------------------------------------------------

The Sharkey Restoration Research Site, Delta NF.--The
Secretaries of the Interior and Agriculture are directed to
study and report back to the Committees on Appropriations
within 180 days of enactment, on potential exchange proposals
for approximately 1,700 acres currently managed by the U.S.
Fish and Wildlife Service in Sharkey County, Mississippi and
generally depicted on a map titled ``The Sharkey Restoration
Research Site, Delta NF'' for lands of equal or approximate
value managed by the U.S. Forest Service in Mississippi.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

The Committee encourages the Service to continue its
efforts to clarify its policy regarding the Section 6
Cooperative Endangered Species Conservation Fund to ensure
that local funds and fees may be used to fulfill the
requirement for non-federal matching funds for HCP land
acquisition grants.

MULTINATIONAL SPECIES CONSERVATION FUND

The bill provides $12,000,000 for the Multinational Species
Conservation Fund. An increase of $1,000,000 above the
request shall be used for tiger conservation.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The bill provides $2,298,577,000 for the Operation of the
National Park System. From within this amount, the bill makes
changes to the budget request as follows: $2,000,000 for
Ocean and Coastal Resource Stewardship; $500,000 for
Interpretive Media Transformation; $1,000,000 for the Expand
Land Use Management Program; $1,000,000 for Challenge Cost
Share Grants; $3,000,000 to consolidate workforce management
offices; and $16,011,000 for Centralized Information
Technology Costs. For the program to consolidate workforce
management offices, the Appropriations Committees will
consider an additional increase next year when progress can
be demonstrated. Additional funding above the request for
continued financial support of the concerts staged on the
Capitol grounds and for operating costs of Ford's Theater
have been provided in the National Recreation and
Preservation account.
Cuyahoga Valley National Park.--The Service is encouraged
to work with surrounding communities by maximizing its
authority to support the local road system and to establish
maintenance priorities.
Civil War Sesquicentennial.--The Service is urged to begin
preparations with stakeholders and to ensure that any
observance of the sesquicentennial of the Civil War is
inclusive and appropriately recognizes the experiences and
points of view of all people affected by the Civil War.
Petersen House.--The Service is expected to complete the
project in fiscal year 2011.
NPS/Flight 93 Memorial.--The Service is strongly encouraged
to devote the resources necessary to properly archive,
maintain, and preserve the invaluable collections, including
some 35,000 personal tributes and over 1,200 hours of audio
interviews, associated with this memorial.
North Country National Scenic Trail.--The Service is
directed to submit a plan to the Appropriations Committees
within 120 days of enactment that outlines plans to move the
North Country NST staff to facilities in closer proximity to
the trail. The Service should not, however, plan to move the
Ice Age Trail NST staff from its current location.

PARK PARTNERSHIP PROJECT GRANTS

The bill does not include funds for the Park Partnership
Project Grants. If, however, the Service chooses to use
Recreational Fee program funding to implement the Park
Partnership program, it is directed to ensure that projects
undertaken are fully consistent with the guidelines of the
Fee program.

NATIONAL RECREATION AND PRESERVATION

The bill provides $67,958,000 for the National Recreation
and Preservation account. Specific directives are as follows:
Cultural Programs.--The bill provides $4,000,000 for the
Japanese-American Confinement Site Grants program.
Heritage Partnership Program.--The bill provides
$18,085,000, which is sufficient to provide grants to
authorized areas at the fiscal year 2010 level, not to exceed
$700,000 to areas with approved plans, $150,000 to areas
without approved plans and $300,000 for areas with recently
approved plans. The overall funding constraints faced this
year make necessary the imposition of a modest spending cap.
From this amount, the bill provides $1,009,000 for
administrative support.
The Appropriations Committees are concerned that the
Service has completed only one of the National Heritage Area
evaluations authorized in Division II of the Omnibus Parks
and Public Lands Management Act of 1996. The Service is
encouraged to include in these evaluations the impact of
these areas on historic preservation, education, economic
development and the leveraging of public-private funding
according to the authorizing legislation and management plans
for the areas. Further, the Appropriations Committees
instruct the Service to continue to support these areas
whether or not the evaluations have been completed.
Statutory or Contractual Aid.--The bill provides $3,850,000
for Statutory or Contractual Aid, including increased support
of the concerts staged on the Capitol grounds and for
operating costs of Ford's Theater. The funds provided are to
be distributed as follows:

Civil War Sesquicentennial Grants.--The bill provides an
increase of $3,000,000 above the budgeted amount of
$1,500,000 for grants authorized by Public Law 111-11, Title
VII, Subtitle D, Section 7301(b). The additional funds are
directed for a competitive grant program to fund programs and
projects related to the sesquicentennial of the American
Civil War.

HISTORIC PRESERVATION FUND

The bill provides $78,000,000 for the Historic Preservation
Fund. Specific directives are as follows:
Save America's Treasures.--The bill includes $20,000,000
for Save America's Treasures, of which $10,675,000 is for
competitive grants. The balance of the Save America's
Treasures funds are to be distributed according to the
project list in the table entitled ``Incorporation of
Congressionally Requested Projects'' at the end of this
division.
Historically Black Colleges and Universities.--The bill
includes $2,500,000 for this program. The Service is directed
to review, and report to the Committees on Appropriations on
the effect the match requirement has on this program and the
ability of the HBCUs to meet the most critical historic
preservation needs.

CONSTRUCTION

The bill provides $197,105,000 for Park Service
Construction.
Line Item Construction. The bill allocates funding for line
item construction projects and activities as follows:

------------------------------------------------------------------------
State Project Description Disposition
------------------------------------------------------------------------
AK............................... Lake Clark National $1,243,000
Park and Preserve.
CA............................... Golden Gate National 5,000,000
Recreation Area
(Alcatraz).
DC............................... National Mall and 10,835,000
Memorial Parks
(National Mall
water drainage
system).
FL............................... Big Cypress National 3,559,000
Preserve.
FL............................... Everglades National 8,000,000
Park.
MI............................... Keweenaw National 800,000
Historical Park
(Quincy).
MN............................... Mississippi National 3,000,000
River and
Recreation Area.
MO............................... Jefferson National 5,460,000
Expansion Memorial.
NC............................... North Shore Road.... 4,000,000
NY............................... Gateway National 6,541,000
Recreation Area.
NY............................... Statue of Liberty 25,263,000
National Monument.
PA............................... Flight 93 National 3,700,000
Memorial (water and
sewer
infrastructure).
TN............................... Great Smoky 800,000
Mountains National
Park (Cosby
wastewater).
TN............................... Great Smoky 3,500,000
Mountains National
Park (curatorial
facility).
UT............................... Bryce Canyon 3,052,000
National Park.
WA............................... Olympic National 20,000,000
Park.
WY............................... Yellowstone National 2,996,000
Park.
VA............................... Battle of New Market 1,000,000
Heights Memorial
and Visitor's
Center.
----------------
Total, Line Item $108,749,000
Projects.
------------------------------------------------------------------------

Dyke Marsh, George Washington Memorial Parkway, VA.--The
Service is directed to install boundary markers delineating
the Dyke Marsh in Northern Virginia to discourage hunting and
poaching in Federally protected wildlife areas.
Potomac Heritage National Scenic Trail.--The Service is
directed to report within 60 days

[[Page 20595]]

of enactment on a schedule for completion of a management
plan for this trail.
Blytheville Aeroplex (AR).--The Service is directed to
complete a reconnaissance survey, within 12 months of
enactment, of the historic Blytheville Aeroplex site to
determine whether or not it is likely to meet established
criteria for inclusion as a park unit.
Waco Mammoth National Monument, TX.--The Service is
directed to begin work on the Waco Mammoth National Monument
General Management Plan, subject to authorization of the site
as a unit of the National Park System.
St. Croix National Scenic Riverway.--From within the funds
provided for General Management Plans, $200,000 is directed
for a boundary study of the St. Croix National Scenic
Riverway in Wisconsin and Minnesota.

LAND ACQUISITION AND STATE ASSISTANCE

The bill provides $143,423,000 for land acquisition and
state assistance, to be distributed as shown in the following
table.

------------------------------------------------------------------------
State Project Amount
------------------------------------------------------------------------
AK Glacier Bay National Park Preserve.......... $1,700,000
AK Wrangell-St. Elias National Park and Preserve 500,000
AZ Petrified Forest National Park............... 5,890,000
CA Golden Gate National Recreation Area......... 4,090,000
CA Mojave National Preserve..................... 1,250,000
CA Santa Monica Mtns. National Recreation Area.. 3,000,000
CO Sand Creek Massacre National Historic Site... 259,000
GA Chattahoochee River National Recreation Area. 2,200,000
LA Jean Lafitte National Historic Park and 1,500,000
Preserve....................................
MA Minute Man National Historical Park.......... 2,170,000
MD Catoctin Mountain Park....................... 640,000
MD/DE Captain John Smith National Historic Trail... 900,000
ME Acadia National Park......................... 1,764,000
MI Sleeping Bear Dunes National Lakeshore....... 380,000
MN Voyageurs National Park...................... 367,000
MS Natchez National Historical Park............. 500,000
NM Pecos National Historical Park............... 810,000
NY Home of FDR National Historic Site........... 1,575,000
NY Saratoga National Historical Park............ 650,000
OH Cuyahoga Valley National Park................ 5,497,000
SC Congaree National Park....................... 1,400,000
SD Wind Cave National Park...................... 4,557,000
TN Big South Fork National Recreation Area...... 550,000
TX Palo Alto National Historic Site............. 2,000,000
TX San Antonio Missions National Historical Park 1,760,000
VA Captain John Smith National Historic Trail... 1,000,000
VA Prince William Forest Park................... 6,000,000
VA Fredericksburg and Spotsylvania National 1,758,000
Military Park...............................
VI Virgin Islands National Park................. 2,250,000
VT Appalachian National Scenic Trail............ 625,000
WA Ebey's Landing National Historical Reserve... 1,000,000
WA Mount Rainier National Park.................. 1,543,000
WV New River Gorge National River............... 4,138,000
WI Ice Age National Scenic Trail................ 2,000,000
WI St. Croix National Scenic Riverway........... 200,000
---------------
... Subtotal, Line Item Projects................. 66,423,000
------------------------------------------------------------------------
Acquisition Management....................... 10,000,000
Inholdings and Exchanges..................... 6,000,000
Emergencies, and Hardships................... 5,000,000
American Battlefield Protection Grants....... 6,000,000
---------------
... Total, NPS Land Acquisition.................. 93,423,000
------------------------------------------------------------------------
Assistance to States $50,000,000
Stateside Conservation Grants....................... 47,200,000
``Stateside Grants''......................... 42,200,000
Parks and Greenspace Demonstration Grants.... 5,000,000
Administrative expenses............................. 2,800,000
---------------
Total, NPS Land Acquisition and Assistance to $143,423,000
States.........................................
------------------------------------------------------------------------

State Assistance Grants.-- The Secretary is directed to
provide $5,000,000 for a new, nationally competitive,
demonstration grant program using the authorities found in
Sections 3, 5 and 6 of P.L. 88-578. The Secretary is directed
to consider grant applications from States for projects
which: 1) connect communities to protected public and private
lands and natural resource assets through trails, open space,
greenways and blueways; 2) increase access for children and
youth to nature and the outdoors; and, 3) enhance open space
conservation and outdoor recreation resources in metropolitan
and urban areas. The Secretary should require at least a 30
percent match from recipients and favor grant applications
that engage multiple jurisdictions and multiple partners. The
Secretary is directed to report to the Appropriations
Committees on the design of the demonstration program prior
to issuing a formal ``Request for Proposals''.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The bill provides $1,154,179,000 for Surveys,
Investigations and Research. Changes to the request include
the following:
Geographic Research, Investigations and Remote Sensing.--In
agreement with the request, an increase of $13,350,000 is
provided to support the Landsat Data Continuity Mission. The
Survey should work with the National Aeronautics and Space
Administration in the formulation of a follow-on to the
Landsat Data Continuity Mission to ensure continuity in
medium resolution land imagery of proven benefit for a broad
range of research and applied purposes.
Geologic Hazards, Resources and Processes.--Increases to
the request include $1,000,000 for LIDAR and high risk
seismology activities; $1,350,000 for the Global
Seismographic Network; $500,000 for the Weston Observatory,
MA; $250,000 for the University of Hawaii, Manoa/Hawaii
Volcano Observatory research and monitoring partnership in
Hawaii; and $500,000 to continue the Nye County minerals
assessment project, NV.
Water Resources Investigations.--Increases to the request
include $500,000 for Maryland coastal plain groundwater
monitoring; $500,000 for the Shelby County, TN groundwater
study, and $1,500,000 to conduct a hydrology study, in
cooperation with the Delaware River Basin Commission and
other partners, assessing the potential cumulative
environmental impacts of natural gas drilling in the
Marcellus Shale; $500,000 to continue the US-Mexico
Transboundary Aquifer Assessment Program; $400,000 to
continue the Survey's participation in the work of the Long
Term Estuary Assessment Group, LA; an additional $346,000 for
Lake Champlain Basin streamflow monitoring and toxic studies
to provide a total of $500,000 for those activities; $500,000
for water resources monitoring, investigations and research
in Hawaii; and $2,000,000 for endocrine disruptor research,
equally divided between the national water quality assessment
program and the toxic substances hydrology program. An
additional $1,000,000 for endocrine disruptor research is
provided in the biological research and monitoring activity,
as noted below.
Biological Research.--Increases to the request include
$1,000,000 for San Francisco Bay salt ponds restoration
monitoring and research, $600,000 for tropical ecosystems and
watershed research; $350,000 to continue monitoring of
aquatic invasive species in the Columbia River Basin in
collaboration with Washington State University and its
partners; and $1,000,000 for endocrine disruptor research.
The bill continues the fiscal year 2010 funding levels of
support to coordinators of the national network of State
conservation data agencies and for the National Biological
Information Infrastructure.
Facilities.--The bill provides $2,500,000 for construction
within deferred maintenance and capital improvement, but the
Survey should not create a separate activity for construction
as proposed in the budget request.
Global Climate Change.--The Survey should clearly delineate
activities and funding for the National Climate Change and
Wildlife Science Center in future budget requests and
accomplishment reports.

BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT

(Formerly the Minerals Management Service)

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

The bill provides $436,003,000 for Royalty and Offshore
Minerals Management, an increase of $94,056,000 above the
fiscal year 2010 enacted level. This funding level is
partially offset with $154,890,000 in receipts and cost
recovery fees as requested and $60,000,000 from inspection
fees as provided by General Provision section 112.
In response to the nation's greatest environmental
disaster, the BP-Transocean Deepwater Horizon oil disaster in
the Gulf of Mexico, this bill supports the Department's
efforts to reorganize and reform the former Minerals
Management Service. The bill provides significant increases
in all aspects of offshore energy development and production,
including inspections, leasing, environmental safeguards,
internal investigative capacity, and financial audits.
However, the bill differs from the Administration's September
2010 amended budget request in three areas:
First, the budget amendment proposed to offset the
$100,000,000 budget increase by increasing OCS inspection
fees by $25,000,000, rescinding $25,000,000 from unobligated
balances intended to complete the OCS-Connect data system,
and prohibiting a $50,000,000 transfer for ultra-deepwater
research. The bill increases the OCS inspection fees by
$50,000,000; the $25,000,000 rescission of balances has
already been enacted in the continuing resolution (P.L. 111-
242).
Second, the bill supports the addition of 217 positions
which, among other priorities, would double the size of the
OCS inspection workforce. However, since it will take time to
hire the new employees, the bill includes savings of
$8,254,000 below the request.
Third, funding for studies, contracts, and consultants is
reduced from the requested $16,279,000 to $9,879,000, since
it will take time to implement the new organizations.
The bill also provides all of the requested increases for
offshore renewable energy development and the costs
associated with the elimination of the royalty-in-kind
program. Bill language is also included allowing certain
transfers of funds in order to facilitate the Secretary of
the Interior's efforts to further reform the Bureau. Included
in the

[[Page 20596]]

amount recommended for Resource Evaluation is $900,000 for
the Center for Marine Resources and Environment in
Mississippi.

OIL SPILL RESEARCH

(INCLUDING TRANSFER OF FUNDS)

The bill provides $11,768,000 for Oil Spill Research, an
increase above fiscal year 2010 of $5,000,000 for research
and $465,000 for staffing. Considering the BP- Transocean
Deepwater Horizon oil disaster, the Bureau needs a new
strategy and vision for oil spill research, including the
promotion of increased oil spill response capabilities, and
for oil spill financial responsibility certifications of
offshore platforms and pipelines. The Administration's budget
materials for fiscal year 2012 shall include and justify a
unified and coordinated Federal approach for oil spill
research that includes the Department of the Interior, the
Environmental Protection Agency, the Department of Energy,
the National Oceanographic and Atmospheric Administration and
the Coast Guard.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

ABANDONED MINE RECLAMATION FUND

Environmental Restoration.--The bill includes $4,559,000 to
be retained and distributed at the sole discretion of the
Secretary, either to address declared coal mine emergencies
in States without approved abandoned mine reclamation
programs, or to provide grants to cover catastrophic
situations in States with approved abandoned mine reclamation
programs.

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $2,404,029,000 for the Operation of
Indian Programs. Specific changes to the request and
direction are the following:
Trust Natural Resources Management.--The bill provides
$170,075,000. Specific increases and direction to the request
include: Rights protection implementation: $2,000,000. The
Bureau of Indian Affairs (BIA) is directed to use this
increase to maintain the activities and their funding level
at fiscal year 2010 funding levels to conserve native
fisheries, wetlands and other natural resources. Tribal
management development program: $1,326,000 of which $500,000
is for the Cheyenne River Sioux Tribe's prairie management
program and $826,000 is a general program increase; Fish
Wildlife and Parks: $660,000 for hatchery operations.
Education.--The bill provides $808,446,000. Specific
increases and direction to the request include: Indian School
Equalization Program: $800,000 to support funding for the
students and facilities necessitated by the addition of a new
school, as directed in the bill; Post Secondary Programs:
$2,651,000 of which $1,320,000 is for Haskell and
Southwestern Indian Polytechnic Institute, $886,000 is for
United Tribes Technical College and $445,000 is for Navajo
Technical College; Education Program Management: $500,000.
BIA is directed to use this increase to update the students
eligible for Johnson-O'Malley Program funding, in
coordination with the Department of Education, and in
consultation with the Tribes and report the results to the
Committees within 180 days of enactment of this Act. The
Committees urge BIA to reestablish the full-time permanent
Johnson-O'Malley coordinator position.
Public Safety and Justice.--The bill provides $350,575,000
for public safety and justice. This includes the following
direction and changes from the request: Detention centers and
correction is provided $77,328,000; tribal law enforcement is
provided $19,774,000; and tribal courts is provided
$28,861,000. The bill does not provide the requested
$19,000,000 to fund Federal Bureau of Investigation (FBI)
personnel. During the public witness hearings, numerous
tribal leaders expressed concern about funding FBI agents out
of the BIA. The FBI has been provided direction and guidance
for funding these positions in another division in this Act.
The Department is urged to improve recruitment and retention
of BIA officers, correct wage grade inequities for BIA law
enforcement personnel and develop procedures to streamline
the hiring of officers from other bureaus.
Coordination of Programs Between Agencies.--The Secretaries
of the Interior and Health and Human Services, the
Administrator for the Environmental Protection Agency and the
Chief of the Forest Service are directed to provide the
Committees within 90 days of enactment of this Act, a report
on: (1) How these agencies can use the consultation process
to streamline and coordinate grant programs and funding
opportunities for Native American programs under their
jurisdiction; and (2) opportunities for each agency and
bureau to enter into new compacts with Tribes under the
Indian Self Determination and Education Assistance Act.

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

Education.--The bill provides $62,854,000 of which
$44,567,000 is provided for education facilities improvement
and repair.
Detention Centers. --BIA is encouraged to consider
establishing regional detention centers at new or existing
facilities, such as the Shoshone-Bannock Tribes' Justice
Center. The Committees support efforts by the BIA and
Department of Justice (DOJ) to improve coordination for
constructing, staffing, and maintaining tribal detention
centers. The Committees encourage BIA and DOJ to work
together, and in consultation with the Tribes, through BIA's
Tribal Budget Advisory Committee to develop methodologies for
constructing tribal detention centers, including regional
detention centers, based on need and best use of resources.
The Department is strongly encouraged to update the
Committees, at least quarterly, on their achievements and
actions.

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $121,987,000. The Department is directed
to work collaboratively with interested parties, including
the Congress, States, local communities, Tribal governments
and others in making national monument designations.
Additional Guidance.--Equal Access to Justice Act (EAJA)
Reporting.--The Department is directed to report annually to
the Appropriations Committees detailed information on the
amount of program funds being used, and a list of recipients,
for EAJA fee payments. The Committees direct that
these reports be made publically available.

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The bill provides $88,507,000 for Assistance to
Territories. It includes $10,699,000, an increase of
$1,619,000, for the Office of Insular Affairs to implement
recommendations from the GAO report, ``Opportunities Exist to
Improve Interior's Grant Oversight and Reduce the Potential
for Mismanagement'' (GAO-10-347). The Office of Insular
Affairs should use the increase to hire qualified grants
specialists and evaluators who hold professional
certifications in accounting or engineering and also
establish a Guam Field Office.

COMPACT OF FREE ASSOCIATION

The bill provides $5,318,000 and continues authority for
obligations related to the Palau compact of free association.

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $168,115,000. From within these funds
$7,900,000 is to reimburse litigation support costs incurred
by the Department of Justice due to the approximately 95
tribal trust claims filed against the Department of the
Interior.

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS AND RECISSION OF FUNDS)

The bill provides $825,452,000 for Department of the
Interior Wildland Fire Management, which is partially offset
by a rescission of $145,000,000 in unobligated balances from
previous appropriations. Included in this appropriation is
$287,968,000 in new budget authority for wildfire
suppression. There is also $96,000,000 in additional large
fire suppression funding in the FLAME Wildfire Suppression
Reserve Fund. These amounts for suppression, when added to
the $250,000,000 in balances carried over from fiscal year
2010, provides significantly more funding than has ever been
needed by the Department for wildland fire suppression
activities in any previous year.
The Forest Service and the Interior Department must use
independent panels to examine every individual wildfire
incident which results in suppression expenses greater than
$10,000,000 and report these evaluations promptly to the
Congress and on agency websites.
The Department is encouraged to train crews in Alaska,
particularly existing Native crews, to reduce the cost of
transporting fire crews from the continental U.S. to Alaska.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

Longstanding general provisions are continued unless
otherwise noted and several new items are noted:
Section 112 provides authority for the Bureau of Ocean
Energy Management, Regulation, and Enforcement to receive
offsetting collections for the costs of environmental and
safety inspections on off-shore oil and gas production
facilities.
Section 114 makes permanent the joint ticketing authority
for the Pearl Harbor Naval Complex, HI.
Section 115 establishes onshore inspection fees for oil and
gas energy production and authorizes the Bureau of Land
Management to collect such fees.
Section 116 authorizes the Bureau of Land Management to
establish an oil and gas internet leasing program.
Section 121, as proposed by the Administration, extends the
time period that the Department of the Interior has to review
an offshore oil and gas exploration plan. This will provide
more time to determine if statutory and regulatory
requirements are being met.
Section 122 protects public lands within the Mojave Desert,
CA that were previously donated for the purpose of
conservation.

[[Page 20597]]

Section 123 amends the distribution of geothermal receipts
to include counties where such receipts were generated.
Section 124 ratifies a reconfiguration of Bureau of Land
Management lands in Nevada.
Section 125 requires the Secretary of the Interior to make
recommendations on the recognition of a Native Hawaiian
governing entity.

TITLE II--ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

The bill provides $852,197,000 for Science and Technology
programs and transfers $24,527,000 from the Hazardous
Substance Superfund account to this account. The bill makes
changes to the request by providing the following specific
funding levels and direction:
Research: Clean Water.--Within the funds provided,
$8,350,000 is for green infrastructure research.
Research: National Priorities.--The bill provides
$6,000,000, of which $5,000,000 shall be used for extramural
research grants to fund high-priority water quality and
availability research by not-for-profit organizations who
often partner with the Agency. Funds shall be awarded
competitively with priority given to partners proposing
research of national scope. The bill provides $1,000,000 for
the Southwest Consortium for Environmental Research Program.
The Agency is directed to allocate funds to grantees within
180 days of enactment of this Act.
Research: Human Health and Ecosystems.--The bill provides
$257,738,000, of which $3,000,000 is directed for research
activities on the environmental impacts of subsea dispersant
use. The Agency is directed to provide a report to the
Appropriations Committees that details how funds will be
used. Funding for videoconferencing equipment has not been
included, and the bill includes the following additional
changes to the request:
--A total of $22,983,000 for Research: Human Health and
Ecosystems STAR grants, equal to the enacted level;
--A total of $8,700,000 for Endocrine Disruptor STAR
grants; and,
--An increase of $3,000,000 for children's environmental
health research centers of excellence and for research on the
effects of environmental chemicals and toxins on children,
for a total of $9,580,000, to be distributed as in fiscal
year 2010.
Computational Toxicology.--The Agency is directed through
its National Center for Computational Toxicology to continue
its efforts to develop ToxCast and to: (a) evaluate the
endocrine-relevant ToxCast assays using in vitro assays and
appropriate reference substances for assessing estrogen,
androgen, and thryoid systems; and (b) expand its
collaborations on proof of concept investigations of
toxicological pathways in the ToxCast program.
International Partnership to Eliminate Lead Paint.--The
Appropriations Committees encourage the Agency, in
conjunction with the U.S. Department of State, to support the
establishment of a program to conduct education and outreach
in support of the goals of the international partnership and
to develop a third-party certification program for non-lead
paint for targeted introduction in countries with substantial
lead paint production.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

The bill provides $2,926,881,000 for Environmental Programs
and Management and makes changes to the request by providing
the following specific funding levels and direction:
Air Toxics and Quality.--The bill provides $219,906,000,
which reflects a reduction of $1,000,000 due to an error in
the justification for Federal Support for Air Quality
Management. Within the amount provided, the Agency is
directed to spend not less than $800,000 for the Sunwise
program.
Climate Protection Program.--The bill provides
$120,681,000, which includes a $1,000,000 increase over the
enacted level for the Energy Star program. This increase
shall only be directed to instituting corrective actions and
increasing controls associated with the Government
Accountability Office findings. The bill does not provide the
requested increase for videoconferencing equipment.
Compliance.--The bill provides $109,117,000, which reflects
a reduction of $750,000 due to an unjustified and poorly
documented transfer between programs. It does not include the
requested resources in this account for Mississippi River
Basin activities.
Enforcement.--The bill provides $264,158,000, which
reflects a reduction of $750,000 due to an unjustified and
poorly documented transfer between programs.
Environmental Protection: National Priorities.--The bill
provides $17,000,000 for a competitive grant program to
provide rural and urban communities with technical assistance
to improve water quality and provide safe drinking water.
Grants shall be awarded on a competitive basis, and priority
for said grants shall be given to qualified not-for-profit
organizations whose activities are national in scope and are
supported by a majority of small community water systems or
currently provide assistance to private well owners. The
Agency is directed to allocate funds to grantees within 180
days of enactment of this Act.
Great Lakes Restoration Initiative.--Consistent with the
request, the bill provides $300,000,000 to be allocated to
the five focus areas as follows:
--Toxic Substances and Areas of Concern: $101,364,000, of
which $50,000,000 is for cleanup projects authorized by the
Great Lakes Legacy Act (Public Law 107-303);
--Invasive Species: $43,303,000;
--Nearshore Health and Nonpoint Source Pollution:
$54,402,000;
--Habitat and Wildlife Protection and Restoration:
$60,377,000; and
--Accountability, Education, Monitoring, Evaluation,
Communication and Partnerships: $40,554,000.
Funding amounts for these focus areas are subject to a
reprogramming threshold of $5,000,000. The Agency is directed
to report quarterly to the Committees on Appropriations on
changes below the threshold. As the Agency implements the
Great Lakes Restoration Initiative (GLRI) in 2011, it is
directed to:
1. accelerate the obligations and outlays given lessons
learned and protocols established in 2010;
2. report funding decisions once agency allocations are
established;
3. report quarterly on changes to agency allocations;
4. minimize non-federal match requirements where
practicable;
5. ensure funds transferred through interagency agreements
will supplement, not supplant, base program resources in
partner agencies;
6. establish a process and consult with federal and non-
federal stakeholders to fully consider all high-priority
restoration projects and before proposing large-scale
reallocations of funds;
7. report the findings of the Scientific Advisory Board's
review of the restoration plan in Spring 2011;
8. prioritize on-the-ground work that meets Action Plan
objectives and results in direct, beneficial ecological
outcomes even if doing so will significantly shift the size
and scope of projects funded and the distribution of funds;
9. determine whether making larger or more geographically
concentrated grant awards will measurably improve ecological
outcomes, prior to awarding funds;
10. prioritize funding for Asian Carp management
activities;
11. provide an annual report by March 1, 2011 that details
program accomplishments and compares funding levels by Agency
on an annual basis; and
12. use the Western Lake Erie Basin Partnership to engage
the various stakeholders, State, local and nonprofit entities
to work cooperatively in this watershed. Project funding
decisions in this basin should be made in coordination with
entities that maximize coordination with GLRI funded
projects.
While the Action Plan assumes annual GLRI program funding
at $475,000,000 in future years, consideration of future
requests will depend on the Agency's ability to obligate and
outlay funds in a timely manner.
Chesapeake Bay.--The bill provides $63,000,000 to improve
and accelerate the performance of Federal and State programs
to protect the Bay, and strengthen the regulatory and
accountability programs for controlling pollution from urban,
suburban and agricultural lands. From within this amount, the
bill provides $8,000,000 for nutrient and sediment removal
grants, $6,500,000 for Chesapeake Bay Extramural Operations,
$1,214,000 for CheasapeakeStat, and $4,000,000 for a
competitive grant program targeted to small watersheds. From
within the $2,000,000 increase provided for small watershed
grants, the Agency is directed to (1) support a $1,000,000
competitive grant program to fund projects identified in the
Highlands Action Plan, which will serve to continue the
Agency's commitment to protecting the Potomac Highlands
through conservation and ecological restoration initiatives;
and (2) allocate $1,000,000 to conduct a survey of local
government policies and programs used to control polluted
runoff from urban, suburban and agricultural lands within the
Bay's four largest watersheds. The Agency is directed to make
the results of these surveys public to assist local
government decision-makers with information on successful Low
Impact Development practices already in place, best
management practices aimed at improving water quality, better
implementation of existing policies, and road maps to help
counties and municipalities decide how best to reduce
pollution.
Puget Sound.--The bill provides $50,000,000 to manage and
implement Washington State's Puget Sound Action Agenda, an
approved Comprehensive Conservation and Management Plan
(CCMP) under Section 320 of the Clean Water Act. Consistent
with proposals under consideration by the authorizing
committees, the Committees direct that an intended use list
to guide the activities and project funding to restore Puget
Sound be established. Such an intended use priority list,
which is similar to the intended use plans for the State
revolving funds, shall include, but not be limited to:
(1) a prioritized list of specific activities and projects,
including programs, studies,

[[Page 20598]]

and processes that will meet the goals and priorities of the
approved comprehensive conservation and management plan, and
a ranking of those priorities;
(2) information on the activities and projects to be
supported, including terms of financial assistance,
communities served, and the identity of the recipients who
will receive financial or other assistance from the Agency to
carry out the activities and projects; and
(3) the criteria and methods used to determine the
selection of activities, projects and recipients on the
priority list, and the ranking of projects on the list.
The annual intended use list shall be created by the
Section 320 Agency designated by the State of Washington and
shall include an identification and determination of the
highest priority activities, projects and recipients
necessary to implement the CCMP. This list shall be made
available jointly by the Administrator and the Section 320
Agency for public comment prior to approval by the
Administrator. After considering public comments, the
Administrator shall review and approve the priority list upon
a determination that projects listed are consistent with the
goals and priorities of the approved comprehensive
conservation and management plan. If the Administrator finds
that the annual priority list is inconsistent with the CCMP,
the Administrator shall recommend alternatives to the Section
320 Agency, which shall then resubmit the annual priority
list for approval. Subject to the availability of funds, the
Administrator shall fund the projects that rank highest on
the priority list.
The Committees direct the Agency to expeditiously obligate
funds, in a manner consistent with the authority and
responsibilities under Section 320 and the National Estuary
Program. Not more than $2,100,000 shall be used by the Agency
for intramural costs. In addition, and as in the prior year,
funds are provided for continued funding of the existing
competitive grant to manage the Action Agenda and development
of the intended use plan.
San Francisco Bay Competitive Watershed Grants.--The bill
provides $7,000,000 to continue a competitive grant program
to improve habitat and water quality in the San Francisco
Bay. Priority shall be given to projects that restore
wetlands and other critical Bay wildlife habitat. The
Appropriations Committees believe that funding for other
types of water quality improvements, such as green
infrastructure and urban runoff, should be principally
addressed by other complementary programs such as the Clean
Water State Revolving Fund and categorical grant programs. As
in previous years, no less than a 25 percent match shall be
required; however, priority shall be given to grantees that
can demonstrate additional leverage. The Agency may retain up
to 5 percent of the funds for administrative purposes.
Mississippi River Basin.--The bill provides $10,000,000 to
establish a new competitive grant program to target non-point
source and nutrient runoff in the Mississippi River basin.
The Agency is directed to target a few high priority
watersheds within the basin. Once selected, the Agency should
report to the Committees how activities focused on those
watersheds will improve water quality and reduce nutrient
runoff in the Basin. When selecting projects, the Agency is
directed to consider and give equal priority to projects
located in both the northern and southern Mississippi River
basin. The Committees on Appropriations direct the Agency to
coordinate with the Mississippi Department of Environmental
Quality to evaluate alternatives for developing a
comprehensive implementation plan to remedy the Mississippi
Delta region's water quality, nutrient loading and water
quantity concerns.
Long Island Sound Program.--The bill provides $9,000,000
for the Long Island Sound environmental protection program.
Of the funds provided, $7,000,000 is to continue
environmental restoration activities and $2,000,000 may be
used at the discretion of the Administrator to initiate a
supplemental environmental impact statement to identify
potential disposal sites for dredged material in the eastern
Long Island Sound in conjunction with the U.S. Army Corps of
Engineers.
Lake Champlain Basin Program.--The bill provides $4,000,000
for the Lake Champlain Basin Program to be distributed among
its longstanding grantees: the States of Vermont and New
York, the New England Water Pollution Control Commission and
the ECHO Lake Aquarium Science Center. The Agency is to
implement the program using sections 120 and 104(b)(3) of the
Clean Water Act.
Information Exchange/Outreach.--The Agency shall follow the
statutory criteria when distributing the funds provided for
the environmental education program. Funding has not been
provided for either the proposed regional Centers of
Excellence or the proposed social networking increase.
International Programs.--The Appropriations Committees
expect the Agency to use the funds provided to partner with
other nations to assess and map flows of global movement of
electronic waste from the United States and provide
electronic waste best practices through education and
demonstration projects in developing countries to strengthen
implementation of global programs for addressing electronic
waste.
IT/Data Management/Security.--The bill does not provided
the increase requested for web capacity improvements.
Operations and Administration.--The bill provides
$516,434,000 for this program, including reductions of
$3,768,000 to reflect efficiencies in rent, utilities and
security and a $1,000,000 program reduction for central
planning, budgeting and finance activities. The Agency may
reallocate reductions to rent, security or utilities as
appropriate.
Pesticide Licensing and RCRA.--The bill has fully funded
all pesticide and RCRA activities, but has not included
funding for the videoconferencing equipment in either line
item.
Water: Ecosystems.--Within the amounts provided, the bill
restores funding for the National Estuary Program to
$32,567,000, which provides $800,000 to each of the grantees
authorized by Section 320 of the Clean Water Act.
Water: Human Health Protection.--Funding for
videoconferencing equipment has not been included.
Water Quality Protection.--Within the amounts provided, the
bill includes $5,000,000 for the new Community Water
Priorities program to address water quality issues in urban
areas, including $2,000,000 for staffing and technical
assistance and $3,000,000 to initiate a demonstration grant
program to fund on-the-ground implementation activities in
selected communities. The bill does not provide funds for the
new Mississippi River water quality program within this
program-project as requested.
Lake Tahoe Restoration Act Programs.-- Within the amounts
provided, the Committees direct the Agency to provide
adequate resources and staffing to fulfill its expanding role
of implementing environmental oversight and protection
programs authorized by the Lake Tahoe Restoration Act (Public
Law 106-506), as amended. The Agency is also directed to
provide detail on the base resources provided for Lake Tahoe
environmental activities as part of the budget request for
fiscal year 2012 and subsequent years.
Sustainable Communities.--The bill provides $11,227,000 for
its Sustainable Communities initiative, equal to the
requested amount.
Arsenic Reporting. The Committees on Appropriations direct
the Agency to do the following not later than 180 days after
the date of enactment of this Act: release an overdue report
mandated in P.L. 108-447; convene a working group composed of
representatives from States, small publicly owned water
systems, treatment manufacturers and other stakeholders; and,
in consultation with the working group, submit a report to
the Committees on: (1) barriers to the use of point-of-use
and point-of-entry treatment units, package plants (including
water bottled by the public water system) and modular units;
and (2) alternative affordability criteria that gives extra
weight to small, rural and lower income communities.
Endocrine Disruptors (ED).-- The Agency is directed to: (1)
establish performance criteria for laboratories including,
demonstrations of standard based accuracy of controls, intra-
assay viability and intra-laboratory variability in assay
results; (2) include endocrinologists in a peer review of the
results of the tier 1 assays; (3) take steps to ensure
laboratories performing tests pursuant to the Endocrine
Disruptor Screening Program minimize the use of animals and
use appropriate statistical calculations to justify usage;
(4) provide a detailed report to the Committees: (a)
describing coordination with the National Institute for
Environmental Health Sciences, and in particular how the
Agency has been working within the National Research
Council's Tox 21 framework in its ED research; (b) describing
the status of the eight chemical action plans; and (c)
describing how the ED research will provide the supporting
science for the Agency's regulatory efforts; and, (5)
evaluate the completed Tier 1 test chemicals in endocrine-
relevant assays including estrogenic, androgenic and thyroid
assays in the ToxCast program as a proof of concept.

BUILDINGS AND FACILITIES

The bill provides $38,001,000 for the Building and
Facilities account. The bill does not provide the requested
increase for videoconferencing equipment.

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $1,293,060,000 for the Hazardous
Substance Superfund account, and includes bill language to
transfer $10,156,000 to the Inspector General account and
$24,527,000 to the Science and Technology account as
requested. The bill provides the following additional
direction:
Lawrence Aviation Industries, Inc. Superfund Site, NY.--The
Administrator is urged to continue to collaborate with all
interested parties including the Village of Port Jefferson to
further advance the remediation strategy at the site.
Leech Lake Superfund Site, MN.-- Within 18 months of
enactment the Agency shall complete a comprehensive remedial
investigation of the St. Regis Paper Company Superfund site
in Cass Lake, MN. Within 90 days of completion of that
investigation, the Agency

[[Page 20599]]

shall provide a report to the Committees detailing all
necessary actions for site remediation that is fully
protective of human health and the environment.

OIL SPILL RESPONSE

The bill provides $18,468,000 for Oil Spill Response, as
requested. The Agency is directed to expeditiously implement
exemptions applying to large milk storage containers (1,320
gallons or more) from pending regulatory efforts, and report
to the Committees on Appropriations regarding the status of
providing such exemptions no later than 30 days after
enactment of this Act.

STATE AND TRIBAL ASSISTANCE GRANTS

The bill provides $4,768,929,000 for the State and Tribal
Assistance Grants (STAG) program and makes changes to the
request by providing the following specific funding levels
and direction:
Infrastructure Assistance.--The bill provides
$3,482,310,000 for infrastructure assistance, including
$1,898,000,000 for the Clean Water State Revolving Fund and
$1,206,000,000 for the Drinking Water State Revolving Fund.
STAG Infrastructure Grants.--The bill provides $145,056,000
for infrastructure assistance grants. Bill language has been
included to incorporate these projects into law by reference
and to require a local match of 45 percent of the total
project costs. Project designations and technical corrections
to prior year project designations have been included as part
of the table entitled ``Incorporation of Congressionally
Requested Projects'' at the end of this division.
Targeted Airshed Grants.--The bill provides $15,000,000 to
continue targeted emission reduction grants as in prior
years; funds shall be divided equally between the San Joaquin
Air Pollution Control District (CA) and South Coast Air
Quality Management District (CA) and shall be matched on at
least a one-to-one basis.
Section 106 Grants.--The increase provided over the enacted
level should be used to supplement and not supplant State
investment in clean water programs. As part of the program
direction for these funds, the Agency is expected to maintain
and expand emphasis on water quality permitting and
enforcement as directed in fiscal year 2010 and report
annually to the Committees, by State, regarding specific
progress made to improve permitting and enforcement
activities as a result of this increase.
Technical Corrections to Prior Year STAG Infrastructure
Grants.--The bill provides for the following technical
corrections to prior year infrastructure grants:
AL--Item number 6 in Senate Report 111-38 for Fayette
County for the construction of a drinking water reservoir
shall be made available to the City of Cullman for the Duck
River Reservoir project;
AR--Of the funds made available for items 49 in P.L. 108-7
and 55 in P.L. 108-199 for the Community Water System Public
Water Authority of Arkansas in Lonoke and White Counties for
the Green and Greers Ferry drinking water projects,
unliquidated balances shall be made available to Lonoke White
Public Water Authority for drinking water projects;
CA--Item number 22 in House Report 109-188 for the
Georgetown (CA) Greenwood Lake Water Treatment Facility shall
be made available to the Georgetown Divide Public Utility
District for water infrastructure improvements;
CO--Item number 103 in House Report 108-401 for the Town of
Rico for the construction of a wastewater treatment plant and
sewer system shall be made available for drinking water
system improvements;
CT--Item number 55 in P.L. 111-8 for the Town of North
Haven's Wharton Brook Industrial Park and Todd Drive Area
Sewer Project shall be made available to the Town of North
Haven for water and wastewater infrastructure improvements;
HI--Item number 77 in House Report 111-316 for Hawaii
County for the Hawaii Ocean View Estates drinking water
source development project shall be made available to the
County of Hawaii Department of Water Supply for the Kapulena
drinking water source development project;
MO--Item number 154 in House Report 111--36 for the City of
Lee's Summit for a wastewater infrastructure improvements
project shall be made available for the City of Lee's Summit
for a drinking water and wastewater infrastructure
improvements project;
MT--Item number 171 in House Report 111-316 for the Crow
Tribe in Crow Agency for wastewater infrastructure
improvements shall be made available for water and wastewater
infrastructure improvements;
NY--Item number 206 in P.L. 111-8 for the Village of
Mamaroneck Drainage Improvement Projects shall be made
available to the Village of Mamaroneck for sewer system
improvements;
OH--Item number 232 in P.L. 111-88 to the Trumbull County
Commissioners for wastewater infrastructure improvements
shall be made available for a Revolving Loan Fund;
SC--Item number 233 in P.L. 110-161 for the City of Gaffney
Water Treatment Plant upgrade shall be made available to the
Gaffney Board of Public Works for sewer system improvements;
TN--Item number 251 in the joint explanatory statement to
accompany Public Law 111-8 for Unicoi County for a well water
treatment plant improvements project shall be made available
to the Town of Erwin for the project;
TX--Item number 245 in P.L. 110-161 for the City of
Grandview Elevated Water Storage Tank shall be made available
to the City of Godley for Water Storage Expansion;
TX--Item number 458 in the joint explanatory statement to
accompany P.L. 108-199 for the Brazos River Authority for the
West Fort Bend County regional water treatment facility shall
be made available to the Cities of Rosenberg and Richmond for
a water supply project in West Fort Bend County;
TX--Item number 388 in the joint explanatory statement to
accompany P.L. 108-447 for the Brazos River Authority for the
planning and design of the West Fort Bend County Regional
surface drinking water treatment plant shall be made
available to the Cities of Rosenberg and Richmond for a water
supply project in West Fort Bend County;
WA--Item number 297 in House Report 111-316 for the Cowlitz
Public Utility District in Cowlitz County for replacement of
wastewater infrastructure shall be made available to Beacon
Hill Sewer District for drinking water infrastructure
improvements;
WA--Item number 489 in House Report 108-401 for the Skagit
Public Utility District for sewer improvements for Similk
Beach shall be made available for general drinking water
infrastructure improvements; and
WY--Item number 301 in the joint explanatory statement to
accompany P.L. 111-8 for Lincoln County for the water
treatment plant rehabilitation project shall be made
available to the Kemmerer/Diamondville Water and Wastewater
Joint Powers Board for that project.
Multimedia Tribal Grants.--The Agency is directed to report
to the Appropriations Committees on eligible Tribal
recipients, the allocation of grant awards, and a description
of each project funded, 90 days after the grants are awarded.
Climate Change Initiative Grants for Local Communities.--
The bill includes $10,000,000 to continue this competitive
grant program, which provides assistance to local governments
to establish and implement climate change initiatives. The
Agency is directed to continue to follow the specific
guidelines contained in the explanatory statement
accompanying the fiscal year 2009 Omnibus Appropriations Act.
When evaluating grant applications, the Agency is encouraged
to consider applications from local governments and tribal
communities that partner with non-profit entities offering
innovative solutions to reduce greenhouse gases such as
carbon neutral product labeling and certification as part of
local and tribal climate change initiatives.
Bill Language.--The bill continues language enacted in 2010
directing the Agency to provide: (1) not less than 30 percent
of the SRF funds with additional subsidization; (2) 20
percent of SRF funds for green infrastructure investments,
and (3) not less than 25 percent of Alaska Native Village
funds for projects in regional hub communities.
Brownfields Technical Assistance Centers.--Within the funds
provided for State and Tribal Assistance Grants, $2,000,000
is included for the Agency's Technical Assistance to
Brownfields Communities program.

ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The bill continues administrative provisions from previous
years for Great Lakes transfers and pesticide fees. In
addition, bill language has been included to: (1) continue
specific wage requirements for the State Revolving Funds; (2)
authorize up to $2,448,000 for the Community Action for a
Renewed Environment program, which provides grants and tools
to communities to address local environmental problems; and
(3) rescind $10,000,000 from unobligated State and Tribal
Assistance Grant balances, as proposed in the request. The
Agency is directed to provide to the Committees a list of the
balances it proposes to rescind 15 days prior to the
rescission.

TITLE III--RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

Operating Plan.--Except for as provided below, the Forest
Service is directed to provide an operating plan to the
Appropriations Committees within 30 days of enactment of this
Act that details final regional funding allocations for all
Service programs, including comparisons between fiscal years
2010 and 2011. The Service is directed to expedite the
allocation of funding for competitive programs to the field
and shall provide those allocations to the Committees no
later than 180 days after enactment. It is unacceptable for
the Service to submit a budget request that lacks regional
allocation tables; future budget justifications shall include
this basic information.
Longleaf pine restoration.--The Forest Service is urged to
continue the longleaf pine restoration initiative through
various appropriations accounts, and to lead a submission of
a multi-agency, Federal cross-cutting funding table on this
work in the next budget request.

[[Page 20600]]

FOREST AND RANGELAND RESEARCH

The bill provides $314,254,000 for Forest and Rangeland
Research, which includes $66,939,000 for the Forest Inventory
and Analysis program, and increases above the request of
$4,500,000 for global climate change research, $400,000 for
the USFS Center for Bottomlands hardwood research in
Mississippi, and $500,000 for the durability housing
coalition, Mississippi State University. The Service shall
maintain the aspen free air CO2 enrichment
experiment as fully operational. The Service should also
accelerate efforts of the Pine Genome Initiative, and
collaborate with other interested USDA agencies and the
National Science Foundation and the Department of Energy.
The Appropriations Committees are aware that the Service
has proposed a reorganization of the Pacific Southwest
Research Station, which will impact regional programs in
California, Hawaii and the Pacific Islands. The Service is
directed to ensure that this reorganization maintains and
strengthens the Institute of Pacific Islands Forestry (IPIF)
and fully supports the resources necessary for IPIF to carry
out its mission of tropical forestry and conservation
research.

STATE AND PRIVATE FORESTRY

The bill provides $323,142,000 for State and Private
Forestry. Funding within Federal lands forest health
management includes $1,034,000 for buffelgrass mitigation in
Arizona and $1,000,000 for work around the Cherokee NF and
Great Smoky Mountains NP, TN and NC. Cooperative forest
health management funding includes $2,000,000 to continue
pest and disease revolving fund activities as in fiscal year
2010. Within forest stewardship, $138,000 is designated for
land grant forestry equipment, NM. Urban and community
forestry funding includes $1,000,000 to continue the Seattle-
Tacoma regional urban forestry initiative and there is an
increase of $2,000,000 above the request for the National
competitive urban area grants. The economic action program
funding includes: $1,000,000 to the USFS Region 5 to continue
the infrastructure assistance grants for small forest
products businesses in California; $1,000,000 for the
Washington Investment Board for economic development
activities in Oregon and Washington State, as authorized by
P.L. 99-663; $500,000 to the State of Vermont to continue the
forest products development grants and technical assistance;
and a $500,000 increase above the request for the Wood
Education and Resource Center in Princeton, WV, for technical
assistance and business development activities, for a total
of $1,460,000.
The Forest Service should lead collaborative work on
emerald ash borer with the various Federal agencies and use
existing authorities to highlight tree replanting activities
that maximize employment and reforestation within areas
devastated by this pest. Urban forestry funding and technical
assistance should be provided to assist Northeastern Area
States, especially Minnesota, Wisconsin, Ohio, Illinois and
Michigan, in replacing trees and monitoring the spread of
emerald ash borer. The Administration and the USDA is
directed to use existing emergency authorities to release
USDA funds to assist impacted communities to respond to the
emerald ash borer emergency just as they have during previous
pest and agricultural emergencies.
Forest Legacy.--The bill provides $89,785,000 for the
forest legacy program, of which $2,500,000 is derived from
prior-year unobligated funds. This includes $6,400,000 for
program administration and does not include the request for
``New State Start-Ups''. The funds are to be distributed as
follows:

------------------------------------------------------------------------
State Project Description Amount
------------------------------------------------------------------------
AR Maumelle Water Excellence... $4,000,000
CA Chalk Mountain Area......... 2,000,000
CO Ben Delatour Scout Ranch.... 4,000,000
CT Scantic River Headwaters 2,230,000
Project....................
DE Chesapeake Headwaters....... 2,250,000
FL Thomas Creek................ 3,500,000
FSM Yela Forest Watershed....... 530,000
GA Ocmulgee WMA Expansion...... 4,000,000
IA Upper Iowa River Watershed.. 1,500,000
ID North Idaho Timberland 3,850,000
Communities................
IN Discover Woods.............. 850,000
KY Big Rivers Corridor......... 3,250,000
MA Brushy Mountain............. 5,000,000
ME West Grand Lake Community 6,675,000
Forest.....................
MI Crisp Point................. 5,000,000
MT Clearwater.................. 4,000,000
NC Campbell Creek Watershed.... 1,375,000
NH Androscoggin Headwaters..... 4,100,000
NM Vallecitos High Country..... 1,925,000
NY Follensby Pond.............. 2,350,000
PA Little Bushkill Headwaters 2,500,000
Forest Reserve.............
SD Blood Run................... 2,600,000
TN North Cumberland 4,000,000
Conservation Area..........
TX Longleaf Ridge Conservation 1,600,000
Area.......................
UT Green Canyon................ 2,000,000
VT Northern Green Mountains 3,300,000
Linkage....................
WA Mt. St. Helens Forest....... 2,000,000
WI
Chippewa Flowage Forest..... 3,000,000
Subtotal, Forest .......................... 83,385,000
Legacy projects......
Administration.............. 6,400,000
Use of Prior Year Funds..... -2,500,000
Total, Forest .......................... $87,285,000
Legacy...........
------------------------------------------------------------------------

NATIONAL FOREST SYSTEM

(INCLUDING TRANSFER OF FUNDS)

The bill provides $1,618,743,000 for the National Forest
System. The bill does not provide funding for the integrated
resource restoration program as was requested; instead,
funding has been provided through the traditional budget
structure for forest products, vegetation and watershed
management and wildlife and fish habitat management programs.
The Service is expected to retain numerical program
performance targets, consistent with current programs, and
include these targets in the operating plan submitted to the
Congress.
The bill includes $25,000,000 for a new, competitive
priority watersheds initiative to fund watershed restoration
projects on national forests. These projects should treat
landscapes that are at least 10,000 acres, fund restoration
needs that are developed and prioritized through a
collaborative process, and demonstrably create and maintain
forest product or restoration-related jobs. Performance
targets shall also be tracked and provided to the
Appropriations Committees for these selected projects. The
Service may also select a pilot region in which other
integrated resource restoration policy changes could be
tested using the traditional budget structure. To provide
additional flexibility, the Service may move up to 5% of that
pilot region's forest products, vegetation and watershed,
wildlife and fisheries and hazardous fuels funding to do
restoration projects without being subject to reprogramming
limitation. Pilot efforts may also build on the collaborative
forest landscape restoration fund and priority watershed and
job stabilization activities and should, if appropriate,
include legacy road and trail remediation projects in the
same watersheds. If an integrated management initiative is
offered again, it should integrate hazardous fuels funding,
road maintenance and decommissioning, and national forest
system vegetation, watershed and habitat enhancement
activities.
The Forest Service is directed to provide the report
directed in the fiscal year 2010 Appropriations Act within 30
days of enactment of this Act, which outlines the process the
Service will use by region to ensure compliance with travel
management regulatory requirements, including those set forth
in CFR 212.5 and 212.55.
Inventory and monitoring funding includes $1,000,000 for
the Southern Center for Natural Resource Inventory,
Monitoring and Evaluation at Mississippi State University to
collaborate with Federal and State agencies on new
technologies for gathering information on timber inventory,
carbon sequestration and threatened and endangered species.
Within the funds provided for vegetation and watershed
management, cooperative leafy spurge eradication activities
on the Dakota Prairie Grasslands and marijuana site
remediation activities shall continue at no less than the
fiscal year 2010 enacted level. The Service is expected to
continue timber pipeline funding for the Tongass National
Forest, AK, at no less than the enacted level. The Service is
expected to fund operations at the Land Between the Lakes
National Recreation Area, KY and TN, at no less than the
enacted level.
The Service is directed to use the increase above the
enacted level for law enforcement to expand marijuana
eradication operations on national forest lands. Priority for
these funds shall be given to defraying support and aviation
costs associated with interagency drug operations and
expanding cooperative agreements with local law enforcement
agencies.
The Forest Service should initiate a planning process for a
renewable energy development program to identify specific
areas appropriate for renewable energy development and select
development proposals. To ensure consistency, the Service
should harmonize its renewable energy development policies
with those adopted by the Bureau of Land Management, where
appropriate.

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

The bill provides $544,547,000 for Capital Improvement and
Maintenance, offset by a $13,000,000 scoring credit related
to the Roads and Trails fund as in prior years. Facilities
maintenance includes an increase of $205,000 for the
Blanchard Springs visitor center, AR and facilities
construction includes an increase of $1,000,000 for phase I
of the Green Mountain NF headquarters, VT. Road construction
funding includes $1,500,000 for Tongass NF, AK and $880,000
for Monongahela NF, WV improvements within the amounts
provided. Trails maintenance funding includes $700,000 for
rehabilitation of

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trails and roads affected by the Station Fire, CA. The road
construction funding provides the engineering support
required for all Forest Service programs.
The bill provides authority for the legacy road and trail
remediation program. The Service shall use legacy road and
trail remediation funding in a strategic effort to
decommission and fix roads and trails in environmentally
sensitive areas and focus on those areas where Forest Service
roads are contributing to water quality problems in streams
and water bodies which support threatened, endangered or
sensitive species. The legacy road and trail remediation
program is a key part of integrated forest restoration
activities. The Service should utilize public input to help
select legacy road and trail projects, report back to the
Appropriations Committees on the selected projects, and
display the selection process, implementation activities, and
anticipated benefits (including habitat, water quality and
jobs created) on the agency's web site. The Service should
accelerate planning of the minimum road system needed on each
forest, and focus maintenance on environmentally sensitive
areas and areas of substantial use. The legacy road and trail
remediation program should integrate watershed, habitat and
transportation planning needs and complement other Service
activities needed to help restore sensitive watersheds.
The Forest Service is encouraged to support the maintenance
and upkeep of existing recreational airstrips through
cooperation with interested groups; the Service should
consider constructing additional airstrips, where
appropriate, to increase access to remote Federal lands.

LAND ACQUISITION

The bill provides $73,489,000 for land acquisition, to be
distributed as follows:

------------------------------------------------------------------------
State Project Amount
------------------------------------------------------------------------
AK Tongass National Forest--Cube Cove..... $3,500,000
AZ Coconino National Forest--Packard Ranch 935,000
Phase III.............................
AZ Coconino National Forest--Shield Ranch. 1,500,000
CA Humboldt-Toiyabe National Forest-- 1,900,000
Summers Meadows.......................
CA Shasta-Trinity National Forest--Stony 1,300,000
Creek Consolidation...................
CA Six Rivers National Forest............. 1,000,000
CA Tahoe/El Dorado National Forests....... 4,500,000
CO Arapaho National Forest--Little Echo 950,000
Lake..................................
CO Uncompahgre National Forest--Ophir 1,000,000
Valley................................
GA Chattahoochee-Oconee National Forest-- 1,200,000
Georgia Mountains.....................
ID Clearwater National Forest--Upper 1,000,000
Lochsa................................
ID Salmon--Challis National Forest--Idaho 1,000,000
Wilderness Wild & Scenic Rivers--
Morgan Ranch..........................
IN Hoosier National Forest................ 255,000
ID/MT/WY Caribou-Targhee National Forest-- 2,000,000
Greater Yellowstone...................
MI Hiawatha and Ottawa National Forests-- 2,300,000
Great Lakes/Great Lands...............
MN Superior/Chippewa National Forest-- 1,400,000
Minnesota Wilderness..................
MO Mark Twain National Forest--Missouri 1,100,000
Ozarks Current River Project..........
MT Flathead/Lolo National Forest--Montana 6,000,000
Legacy Completion.....................
MT Lewis & Clark National Forest 4,000,000
Tenderfoot............................
NC Pisgah National Forest................. 1,800,000
OR Wallowa Whitman National Forest--Hells 3,284,000
Canyon NRA............................
OR/WA Siuslaw/Wallowa Whitman National 1,500,000
Forest--Pacific NW Streams............
SD Black Hills National Forest--Lady C 765,000
Ranch.................................
TN Cherokee National Forest--Rocky Fork... 6,000,000
UT Uinta-Wasatch-Cache National Forest-- 500,000
High Uintas...........................
UT Bonneville Shoreline Trail............. 750,000
WA Columbia River Gorge National Scenic 850,000
Area..................................
WA Wenatchee National Forest--Washington 1,500,000
Cascade Ecosystem--Big Creek..........
WA Olympic National Forest................ 1,200,000
WA Pacific Crest National Scenic Trail.... 1,500,000
WI Chequamegon-Nicolet National Forest.... 2,000,000
WV Monongahela National Forest............ 1,000,000
Subtotal, 59,489,000.............................
Line Item
Projects.....
Acquisition Management................. 9,000,000
Equalization........................... 1,000,000
Inholdings............................. 4,000,000
------------
Total, FS Land Acquisition........... 73,489,000
------------------------------------------------------------------------

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS AND RECISSION OF FUNDS)

The bill provides $2,127,922,000 for Forest Service
Wildland Fire Management, which is partially offset by a
rescission of $155,000,000 in unobligated balances from
previous appropriations. The bill accepts the proposal to
move $333,000,000 into preparedness, which in prior years was
funded within suppression. The bill also provides within this
appropriation $595,000,000 in new budget authority for
wildland fire suppression; there is an additional
$291,000,000 for the FLAME Wildfire Suppression Reserve Fund
in that appropriation account. These amounts for suppression,
when added to substantial fire suppression balances carried
over from fiscal year 2010, provide significantly more
funding than has been needed by the Service in any previous
year.
The Forest Service shall maintain preparedness resources at
no less than the fiscal year 2010 enacted level and, if
necessary, adjust preparedness and suppression allocations
accordingly to fully fund those activities. The Secretary of
Agriculture shall notify the Committees on Appropriations in
writing prior to making such a funding shift. This
flexibility shall also be utilized if the Secretary
determines that an adjustment is necessary to address
emergent preparedness needs such as aviation contracts or
retention initiatives as detailed below.
The Service has not yet fully addressed firefighting
challenges in high-cost, high-risk areas such as Region 5;
the Service shall provide a status report within 30 days of
enactment of this Act regarding efforts to update and expand
a special firefighting pay rate for the region, including
associated costs.
The Forest Service is currently reviewing policies related
to nighttime aerial firefighting operations and a decision
may soon be made about whether to acquire the capability and
resources to fly rotary and fixed-wing aircraft at night. The
Service is directed to provide a report detailing proposed
policy and program changes, along with associated costs,
related to night flying within 30 days of enactment of this
Act. Night flying activities may be funded within the fire
suppression appropriation if necessary.
The Appropriations Committees remain concerned that the
Forest Service still does not have a plan to replace its
aging fleet of air tankers and the Committees expect the
Service to develop a concrete plan to start fielding
replacement aircraft by the fiscal year 2012 fire season. The
Forest Service should, in conjunction with the Department of
the Interior, collaborate with the Department of Defense to
develop a report governing planning for an effective aviation
resource base to support wildland fire management programs of
the future. A close partnership among the Air Force, the Air
National Guard, and the wildland fire management agencies is
an essential element to provide for safe and effective fire
fighting capacity needed to protect communities and natural
resources in a most efficient manner.
The increase provided above the requested level for
hazardous fuels reduction shall be targeted to areas in the
wildland-urban interface that face a high risk of
catastrophic wildfire due to population density and fuel
loading. The bill provides no less than the requested level
of $26,200,000 to fund Quincy Library Group (QLG), CA,
activities in fiscal year 2011. The Forest Service shall
treat 33,000 acres in fiscal year 2011 through mechanical
thinning, including approximately 20,000 acres within the
Plumas National Forest. If the Service anticipates that it
may not achieve these targets, it shall promptly inform the
Committees on Appropriations and provide a strategy to make
up as much acreage as soon as possible within the QLG area.
The bill provides a total of $5,000,000 within the State
fire assistance activity to the South Tahoe Public Utility
District to continue the community fire protection project
for the Lake Tahoe Basin. The bill also supports the State
fire assistance program request that $5,000,000 is designated
for Fire Safe Councils in California for fire risk reduction
activities. The Forest Service and Department of the Interior
should work together to develop consistent application and
award procedures for grants to the California Fire Safe
Councils.
The Forest Service and the Interior Department must use
independent panels to examine every individual wildfire
incident which results in suppression expenses greater than
$10,000,000 and report these evaluations promptly to the
Congress and on agency websites.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

(INCLUDING TRANSFERS OF FUNDS)

The bill includes administrative provisions similar to
previous years. In addition, language has been included
limiting the amounts of funds available for internal
administrative assessments known as cost pools.

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

The bill provides $3,961,187,000 for Indian Health
Services. The bill contains the following changes and
directions:
Clinical Services.--Within the funds provided for clinical
services, a reduction of $100,000 to the Alcohol and
Substance Abuse program provides $205,670,000 for that
activity. The Mental Health activity is provided $77,176,000,
an increase of $100,000 above the budget request, which the
Indian Health Service (IHS) is directed to use to develop a
comprehensive strategic plan for the reform and improvement
of mental health services throughout Indian Country. IHS is
directed to provide the completed plan to the House and
Senate Committees on Appropriations by July 31, 2011.
Electronic Dental Record.--IHS is directed to use a portion
of its health information technology funds to expedite
deployment of the electronic dental record (EDR) system.
Within 90 days of enactment of this Act, IHS is directed to
provide a detailed schedule for implementation of EDR within
the current funding level.
Indian Health Care Improvement Fund.--IHS is directed to
give priority in distributing the Indian Health Care
Improvement Fund to those units currently operating with less
than 45 percent of their estimated need before it allocates
any additional funds to units with more than 45 percent of
their need currently funded.
Indian Health Professions.--In agreement with the budget
request, the Recruitment and Retention of American Indians
into Nursing program, the Indians into Psychology program,
and the Indians into Medicine program are to be supported at
no less than their current funding levels.
IHS Recruitment and Retention.--Within 90 days of enactment
of this Act, IHS should provide a report to the House and
Senate Committees on Appropriations that evaluates its
current efforts to address the critical shortage of trained
health care professionals throughout Indian Country and
recommends new strategies for tackling this longstanding
problem. Issues of low pay, a cumbersome federal hiring
process, and inadequate housing are just a few of the items
that should be considered as a part of the report.

INDIAN HEALTH FACILITIES

The bill provides $445,242,000 for the Indian Health
Facilities account. Within 90 days of enactment of this Act,
IHS is directed to provide a detailed report to the House and
Senate Committees on Appropriations that examines the causes
for the high unobligated balances in this account and
includes recommendations for using these balances in a more
timely manner. In future budget requests, IHS is encouraged
to build on successful programs, such as joint venture and
small ambulatory grants, and work with tribes to explore
other innovative funding alternatives that could be made
available to address the backlog of construction projects
throughout Indian Country.

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

The Appropriations Committees direct ATSDR to report the
results of its indirect cost methodology study as soon as the
final report is available. Until a new formula is determined,
the Committees expect the administrative charges will be no
greater than the amount charged in fiscal year 2010.

OTHER RELATED AGENCIES

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

The bill provides $13,147,000 for the Chemical Safety and
Hazard Investigation Board (the Board). Within this amount,
the bill provides $2,000,000 to investigate and provide a
thorough report on the root causes of the BP-Transocean
Deepwater Horizon disaster. The Board shall use the funds to
hire subject matter experts and additional inspectors to term
employments in order to build expertise related to offshore
drilling practices, and should issue interim reports as
appropriate that would serve to articulate findings that may
have led to the catastrophic failure of the blowout preventer
on April 20, 2010.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The bill provides a total of $797,600,000 for all
Smithsonian Institution accounts, of which $660,850,000 is
provided for salaries and expenses. The Smithsonian is
directed to use $250,000 from within that amount to continue
activities under the Civil Rights History Project Act of 2009
in cooperation with the Library of Congress.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

The bill provides $23,500,000 for the Operations and
Maintenance of the Kennedy Center. Bill language has been
included to amend P.L. 111-88 to make $500,000 of that
appropriation available for the general purposes of this
account until September 30, 2011.

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

The bill provides $170,000,000 for the National Endowment
for the Arts (NEA). Within this amount the Committees direct
that the Big Read be funded at no less than $3,000,000. As
has been the case in prior years, Sections 309 and 311 of
Public Law 108-447, as amended, are incorporated by reference
into this bill. These provisions provide the grant guidelines
and program priorities under which NEA is directed to
operate, including a requirement to place priority on
reaching underserved populations, including urban minorities,
and a prohibition on direct grants to individual artists.

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

The bill provides $170,000,000 for the National Endowment
for the Humanities (NEH). The NEH is encouraged to include
Native American communities in the Bridging Cultures
initiative and work with tribes in the preservation of Native
American languages. The NEH should provide a report to the
Committees that examines the feasibility of developing a
collaborative student/faculty grant program within existing
funds, and provides a plan for its implementation.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

Title IV General Provisions includes a section which
increases the annual authorization to $12,000,000.

TITLE IV GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

Longstanding general provisions are continued unless
otherwise noted and several new items are noted:
Section 417 continues, for one more year only, language
limiting the ability of the Secretary of Agriculture to
increase certain Forest Service recreation residence fees.
Section 418 continues a provision from the fiscal year 2010
Act, with slight modifications, requiring the President to
report on climate change expenditures by agency.
Section 419 amends the authorization for the National
Capital Arts and Cultural Affairs program by increasing the
annual authorization to $12,000,000.
Section 422 authorizes, within the Environmental Protection
Agency, the San Francisco Bay restoration grant program.
Section 424 continues bill language concerning border
security and environmental mitigation accountability. Within
180 days of enactment of this Act, the GAO is directed to
examine whether and what type of conflicts arise among the
Department of the Interior, the U.S. Forest Service, and the
Department of Homeland Security while enforcing established
laws on the border.
Section 425 clarifies previous ``incorporation by
reference'' language contained in the fiscal year 2009 and
2010 Interior, Environment, and Related Agencies
Appropriations Acts.
Section 426 rescinds $160,000,000 in previously
appropriated emergency wildland fire suppression funds from
the Department of the Interior, Wildland Fire Management
account.
Section 427 rescinds $140,000,000 in previously
appropriated emergency wildland fire suppression funds from
the Department of Agriculture, Forest Service, Wildland Fire
Management account.

TITLE V--SACRAMENTO--SAN JOAQUIN DELTA NATIONAL HERITAGE AREA

Title V of this division authorizes the Sacramento-San
Joaquin Delta National Heritage Area in California.

TITLE VI--NATIONAL WOMEN'S HISTORY MUSEUM ACT

Title VI of this division authorizes the Administrator of
the General Services Administration to convey a parcel of
real property in the District of Columbia to provide for the
establishment of the National Women's History Museum. The
General Services Administration is directed to include in its
agreement for conveyance of the property to the Museum a
provision that the Museum will submit siting and building
plans to the National Capital Planning Commission for review
and approval.

TITLE VII--MONTANA FORESTS

Title VII authorizes certain forest management activities
and designations on national forests in Montana.

INCORPORATION OF CONGRESSIONALLY REQUESTED PROJECTS

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DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Following is a list of Congressional earmarks and
Congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the House or Senate Committee of jurisdiction for each item
so identified. Neither the bill nor the explanatory statement
contains any limited tax benefits or limited tariff benefits
as defined in the applicable House and Senate rules.

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DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division H,
which makes appropriations for the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies for fiscal year 2011. As provided in Section 4 of
the consolidated bill, this explanatory statement shall have
the same effect with respect to the allocation of funds and
the implementation of this division as if it were a joint
explanatory statement of a committee of conference.
Funding levels for individual programs and activities
within the accounts in this division are displayed in the
detailed table at the end of this division of the explanatory
statement. Where applicable, additional details regarding
funding levels are provided in the text and tables below.
Within this division, references to ``the bill'' apply only
to Division H of the consolidated bill.
With respect to matters other than allocation of funds
among programs, projects and activities, Departments and
agencies should follow guidance contained in Senate Report
111-243, except to the extent that such guidance is modified
or overridden in this explanatory statement. Any intended
guidance with respect to allocation of funds is reflected in
this statement and the accompanying tables, or in the bill
itself.
Where this statement or Senate Report 111-243 directs or
requests the submission of a report, the report should be
submitted to the Committees on Appropriations of both the
House of Representatives and the Senate.
Section 516 sets forth the reprogramming requirements and
limitations for the Departments and agencies funded through
this division, including the requirement to make a written
request to the Committees on Appropriations 15 days prior to
reprogramming, or to the announcement of intent to reprogram,
funds in excess of 10 percent, or $500,000, whichever is
less, between programs, projects and activities.
Departments and agencies funded in this division shall
submit statements on the effect of this Act to the Committees
on Appropriations within 45 days of enactment of this Act,
pursuant to section 518. The Committees expect that these
statements will provide sufficient detail to show the
allocation of funds among programs, projects and activities,
particularly in accounts where the final appropriation is
different than that of the budget request. Further, these
statements shall also include the effect of the appropriation
on any new activities or major initiatives discussed in the
budget justifications accompanying the fiscal year 2011
budget.

TITLE I

DEPARTMENT OF LABOR

Funding levels for programs within the Department of Labor,
along with comparisons to last year's levels and the budget
request, are shown in the table at the end of this division.
Any allocations of funding beyond the level of detail in that
table are indicated below.

Employment and Training Administration

Workforce Innovation Funds.--Within the total for grants to
States, the bill includes $165,000,000 to fund competitive
grants for workforce innovation activities. Grant activities
should test innovative strategies or replicate proven
practices that support reforms of the workforce investment
system and substantially improve employment and education
outcomes for participants, particularly those who are hardest
to serve. With respect to grantee eligibility and priority
for selecting grant applicants, the Department should follow
guidance contained in Senate Report 111-243.
Migrant and Seasonal Farmworkers.--The Department of Labor
is directed to submit annual reports to the Committees on
Appropriations of the House of Representatives and the Senate
documenting the use of farmworker housing funds. The reports
should include information on the amount of funds used for
permanent and temporary housing activities, respectively; a
list of the communities served; a list of the grantees and
the States in which they are located; the total number of
individuals or families served; and a list of allowable
temporary housing activities.
Pilots, Demonstrations and Research.--The bill includes
funding for the following projects in the following amounts:

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Job Corps.--The Secretary of Labor is directed to use
authority provided in the bill to transfer up to 25 percent
of construction funds to meet the operational needs of Job
Corps Centers.
Job Corps Centers provide enormous benefits to the
communities they serve in the form of employment
opportunities associated with the center as well as education
and training opportunities for the disadvantaged youth housed
there. For this reason, the timely opening of newly
constructed centers is of the utmost importance. The
Department's process and proposed timelines for opening newly
constructed centers for students is too slow. More effort
needs to be made to expedite this process to ensure that the
promise offered by a new center is delivered to the affected
community quickly. To that end, within the total for Job
Corps, sufficient funding is included to ensure that any new
center constructed but not open for students by July 1, 2011,
will have a competitively procured contractor on site on or
before that date, open for students by October 2011 and
operate at its full capacity by April 2012. In addition, the
funding level is sufficient to ensure that any newly
constructed centers activated and enrolling students during
program year 2010 operate at their full capacity for the
duration of program year 2011.
One-Stop Career Centers/Labor Market Information.--Within
the total for One-Stop Career Centers and Labor Market
Information, the bill includes $15,000,000 to carry out the
language in Senate Report 111-243 regarding disability-
related employment planning and activities.
Advances to the Unemployment Trust Fund and Other Funds.--
The bill includes such sums as may be necessary for Advances
to the Unemployment Trust Fund and Other Funds. The funds may
be used to implement an extension of the expanded Trade
Adjustment Assistance program, including the provision of
additional training, employment, and case management services
funds to the States.
Federal Grant Application Review Panels.--The Employment
and Training Administration (ETA) is directed to submit a
report to the Committees on Appropriations not later than May
31, 2011, regarding its efforts to restructure federal grant
application review panels. The report should examine the
feasibility of including representatives of community-based
organizations, along with national and regional nonprofit
associations, on grant review panels. The report should also
list ETA's competitive grant competitions in program year
2010; the number of individuals on each grant review panel;
the average duration of time a reviewer remains on a grant
review panel; the process for hiring grant reviewers; and the
general expertise of the reviewers on each panel.

Employee Benefits Security Administration

Within the total for the Employee Benefits Security
Administration (EBSA), the bill includes $3,000,000 to
develop and implement a comprehensive program to enforce the
mental health provisions of the Paul Wellstone and Pete
Domenici Mental Health Parity and Addiction Equity Act of
2008. The program should become an integrated part of EBSA's
permanent operations, and include a national compliance
assistance program, a strong public outreach and education
component, and enforcement activities.

Wage and Hour Division

Within the total for the Wage and Hour Division, the bill
includes $10,000,000 for an initiative to detect and deter
the inappropriate misclassification of employees as
independent contractors.

Occupational Safety and Health Administration

Natural Gas Standard.--In response to recent natural gas-
related explosions in North Carolina and Connecticut, the
Occupational Safety and Health Administration (OSHA) is
directed to develop a permanent standard on natural gas. At a
minimum, the permanent standard should address the Chemical
Safety Board's urgent recommendations to prohibit the
following: the use of natural gas for pipe cleaning; the
venting or purging of fuel gas indoors; and any work activity
where the flammable gas concentration exceeds a fixed, low
percentage of the lower explosive limit. OSHA should also
draft guidelines for employers on the inclusion of workers
and contractors in developing safe procedures and training
for handling fuel gas. OSHA shall submit a report to the
Committees on Appropriations within 180 days of enactment,
and updated reports every 180 days thereafter, detailing the
anticipated timeline for issuing a permanent standard on
natural gas, and OSHA's progress in meeting that timeline.
Whistleblower Protection.--To ensure the effectiveness of
the Whistleblower Protection Program (WPP), the Secretary of
Labor is directed to require that all WPP investigators and
supervisors have taken both of OSHA's mandatory courses for
whistleblower statutes by June 30, 2011. In addition, the
Secretary is directed to comply with the language in Senate
report 111-243 regarding the WPP. The Secretary is directed
to submit a report to the Committees on Appropriations not
later than April 30, 2011, that identifies options to
establish and operate a stand-alone WPP Division reporting
directly to the Deputy Secretary, or to establish and operate
the WPP as a separate office within OSHA to be headed by an
expert on employment retaliation law who has supervisory
responsibility over all whistleblower staff. The report
should include cost estimates for each scenario.
Voluntary Protection Program (VPP).--Sufficient funding is
provided to maintain the VPP at its fiscal year 2010 level.

Mine Safety and Health Administration

Approval and Certification of Equipment.--The bill
authorizes the Mine Safety and Health Administration (MSHA)
to retain up to $1,350,000 from fees collected for the
approval and certification of equipment, materials, and
explosives for use in mines, and to utilize such sums for
such activities.
Mine Rescue Training.--Within the amount provided for
Program Administration, the bill provides $1,500,000 for an
award to the United Mine Workers of America to continue a
project, initiated with the fiscal year 2008 appropriation,
for classroom and simulated rescue training for mine rescue
teams at its Beckley, West Virginia, and Washington,
Pennsylvania, career centers.

Bureau of Labor Statistics

Supplemental Statistical Poverty Measure.--Within the total
for the Bureau of Labor Statistics (BLS), the bill includes
$2,500,000 to support the Census Bureau in its development of
a supplemental statistical poverty measure, to be based on
recommendations of the National Academy of Sciences and
subsequent research. However, the new measure shall not
affect program eligibility or disbursement of Federal funds
to States or localities.
Restructuring of Statistical Programs.--The bill adopts the
Administration's proposals to reduce the cost of its programs
by implementing an alternative approach to the Locality Pay
Survey (LPS) and by restructuring the Current Employment
Statistics (CES) program. The Department has indicated that
these new approaches will allow BLS to provide important data
at a lower cost without sacrificing quality. In fiscal year
2011, the Secretary is directed to maintain the International
Labor Comparisons office at its fiscal year 2010 funding
level.

Office of Disability Employment Policy

Within the total for the Office of Disability Employment
Policy, the bill includes $15,000,000 to carry out the
language in Senate Report 111-243 regarding disability-
related employment planning and activities.

Departmental Management

Legal Services.--The bill includes $9,600,000 above the
budget request for mine safety activities and legal services
related to the growing backlog of appeals of MSHA citations
at the Federal Mine Safety and Health Review Commission
(FMSHRC). Of these additional funds, up to $4,300,000 is
available to the Secretary of Labor to be transferred to the
Mine Safety and Health Administration for FMSHRC-related
activities.
International Labor Affairs Bureau (ILAB).--The bill
includes $40,000,000 for the United States' contribution to
the International Labour Organization's (ILO) International
Program for the Elimination of Child Labor (IPEC). The
designation of funds for ILO-IPEC is not intended to preclude
additional funding for other initiatives if the Department
determines that ILO-IPEC is the most qualified organization
to perform the work. Additional funds provided to ILAB also
should be used to meet reporting requirements related to the
Trade and Development Act report on the worst forms of child
labor.
Sustainability Report.-- Not later than July 15, 2011, and
annually thereafter, the Department shall submit to the
Committees on Appropriations a report on its progress toward
achieving each of the sustainability goals and targets
applicable to all U.S. Government agencies as outlined in
Executive Order 13514.

Working Capital Fund

The bill includes funding to support a government-wide
initiative to improve Federal procurement activities. The
Department is directed to draft a plan with milestones,
performance measures, and estimated funding levels -
including anticipated transfers within the Department - on
the base activities and specific activities supported above
the base due to funds provided under this heading. The plan
should be submitted to the Committees on Appropriations not
later than April 1, 2011.

General Provisions

Sections 101-105 and 107 are continuations of general
provisions included in the fiscal year 2010 version of this
Act.
Section 106 prohibits use of funds appropriated for the
Employment and Training Administration to pay the salary and
bonuses of an individual at a rate in excess of Executive
Level II. This represents a technical modification of a
provision carried in last year's Act intended to maintain the
same substantive effect.
Section 108 is a new provision that rescinds $3,900,000
from the Working Capital Fund and amends Public Law 85-67 to
eliminate authorization for the Investment in Reinvention
Fund.
Section 109 is a new provision that allows the Employment
and Training Administration to transfer technical assistance
funds to

[[Page 20665]]

its Program Management account when it is determined that
those services will be more efficiently performed by Federal
staff.

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Funding levels for programs within the Department of Health
and Human Services, along with comparisons to last year's
levels and the budget request, are shown in a table at the
end of this division. Any allocations of funding beyond the
level of detail in that table are indicated below.

Health Resources and Services Administration

Funding levels for programs within the Health Resources and
Services Administration (HRSA), along with comparisons to
last year's levels and the budget request, are shown in the
table at the end of this division. Any allocations of funding
beyond the level of detail in that table are indicated below.
Primary Health Care
Community Health Centers.--The bill includes language
designating $100,000,000 for expenses associated with
extending Federal Tort Claims Act protection to practitioners
in community health centers. Within the total for Community
Health Centers, HRSA is expected to fund Native Hawaiian
Health Care at no less than the fiscal year 2010 level and
directed to continue the Increased Demand for Services
funding.
A significant number of Medically Underserved Areas (MUAs)
lack necessary access to community health center services.
HRSA is urged to continue support of technical assistance and
to review policies to determine if other actions can be taken
to improve access in MUAs. HRSA is directed to report to the
Committees on Appropriations by May 19, 2011, on any actions
to improve access to Community Health Centers in MUAs.
HRSA is expected to administer the State Health Access
Grant Program in the same manner as in fiscal year 2010.
Health Professions
HRSA should use National Health Service Corps recruitment
funds only to support multi-year, rather than single-year,
commitments.
Increased access to geriatric health professionals is
important to ensure quality care for an aging population.
HRSA should work to inform National Health Service Corps
applicants about opportunities for geriatric health
professionals to encourage training and increase
participation. HRSA is directed to submit a report to the
Committees on Appropriations by March 1, 2011, on the actions
taken to encourage geriatric training and improve outreach to
geriatric health professionals.
HRSA is urged to improve the level of support provided to
minority health professions schools through the Health
Careers Opportunity Program. HRSA is directed to report in
the fiscal year 2012 budget submission on the actions taken
to ensure that those institutions with a historic mission of
training minorities in the health professions have the
opportunity to compete for grants.
Physician Assistant Training Programs.--Within the funds
provided for primary care training and enhancement programs,
HRSA is urged to prioritize funds to expand high-quality
physician assistant training programs.
Training in Dentistry and Oral Health Innovation
Programs.--The bill includes $53,491,000 for training in
dentistry and oral health innovation programs authorized by
sections 340G, 340G-1, and 748 of the Public Health Service
(PHS) Act. HRSA is directed to provide no less than
$20,000,000 for state oral health workforce grants, no less
than $8,000,000 for pediatric dentistry and no less than
fiscal year 2010 levels for other section 748 programs.
Within pediatric dentistry, HRSA is directed to support the
faculty loan repayment program at no less than last year's
level.
Allied Health.--The bill includes $13,363,000 for mental
and behavioral health education and training grants and
$1,945,000 for the chiropractic program. HRSA is directed to
provide no less than $7,000,000 to the graduate psychology
program. The need for behavioral and mental health services
in an integrated health care system is significant and well
documented. An increasing elderly population and significant
numbers of returning war veterans are among the factors that
have strained the nation's health system as more individuals
and their families turn to mental health care professionals
in local communities. HRSA is encouraged to expand training
sites, reinstate the geropsychology program, initiate a new
focus on veterans, and help integrate health service
psychology trainees at Federally Qualified Health Centers to
provide behavioral and mental health services to underserved
populations.
Public Health and Preventive Medicine Programs.--The bill
includes $34,834,000 for public health and preventive
medicine training, which includes a transfer of $20,000,000
from the Prevention and Public Health Fund. HRSA is directed
to provide not less than $7,199,000 for the preventive
medicine program. Funds are also included to allow HRSA to
begin planning for a loan repayment program.
Nurse Education, Practice, and Retention.--HRSA is directed
to use the increase provided for nurse education, practice,
and retention to make grants for career ladder programs.
Maternal and Child Health
Within the total provided for Special Projects of Regional
and National Significance (SPRANS), the bill includes the
following amounts:

HRSA is urged to continue support of activities within the
maternal and child health program that ensure the wellness
and healthy development of our children. Programs such as
vision screening and the hemophilia treatment grants help
provide the early identification and treatment necessary to
improve health outcomes.
Autism and Other Developmental Disorders.--Within the
funding provided for autism and other developmental
disorders, an increase of not less than $2,000,000 is
provided to expand the Leadership Education in
Neurodevelopmental and Related Disabilities Program. In
addition, an increase of not less than $2,000,000 is provided
for research on evidence-based practices for interventions
for individuals with autism and other developmental
disabilities, for development of guidelines for those
interventions, and for information dissemination.
Ryan White Care Act
The bill includes language providing $2,010,365,000 for
Parts A and B of the Ryan White HIV/AIDS Treatment
Modernization Act, to be available through September 30,
2013.
The bill includes language that limits 2010 program year
reductions in Ryan White Part A grants for metropolitan and
transitional areas to 9.3 percent by providing $4,919,000 for
supplemental grants.
Within funds provided for the AIDS Drug Assistance Program,
HRSA shall ensure that those patients that were provided care
as a result of funds provided to States pursuant to sections
311 and 2620 of the PHS Act in fiscal year 2010 continue to
receive care.
Rural Health Programs
The bill includes $34,927,000 for the Delta Health
Initiative and associated administrative expenses.
Rural and Community Access to Emergency Devices (AED).--
Immediate cardiopulmonary resuscitation and early
intervention, using an AED, can more than double a patient's
chance of survival. Communities with comprehensive AED
programs, including training of anticipated rescuers, have
achieved survival rates of nearly 40 percent. HRSA is
encouraged to continue its support of this important program.
Family Planning.--A 2009 Institute of Medicine report found
the Title X family planning program to be a success in
providing critically needed health services to individuals
with the most difficulty accessing family planning care. The
report also identified areas in which the program failed to
keep pace with changes in overall health care delivery and
administration and called for a systematic review and update
of the Title X program guidance. HRSA is urged to continue
efforts to review and update the Title X program guidance and
administrative directives in consultation with Title X
providers, administrators and family planning advocates.
The bill includes funding for the following projects in the
following amounts:

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[[Page 20674]]

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[[Page 20676]]

[[Page 20677]]

[[Page 20678]]

[[Page 20679]]

[[Page 20680]]

Medical Home Demonstration Programs.--The bill includes
$5,000,000 for medical home demonstration programs authorized
in section 340H of the PHS Act. HRSA is directed to provide
the Committees on Appropriations an operating plan no later
than 90 days after enactment of this Act detailing the number
and size of awards to be made.
Health Education Assistance Loan Programs
The bill includes language transferring the Health
Education Assistance Loan Programs account to the Department
of Education as requested in the President's budget.
Covered Countermeasure Process Fund
The bill does not include funding for the Covered
Countermeasure Process fund. Pandemic influenza funding
included in Public Law 111-32 may be used for this purpose.

Centers for Disease Control and Prevention

Funding levels for programs within the Centers for Disease
Control and Prevention (CDC), along with comparisons to last
year's levels and the budget request, are shown in the table
at the end of this division. Any allocations of funding
beyond the level of detail in that table are indicated below.
Prevention and Public Health (PPH) Fund allotments in the
following tables are from amounts appropriated in the Patient
Protection and Affordable Care Act and allocated in this
bill.
Immunization and Respiratory Diseases.--Within the program
level total for Immunization and Respiratory Diseases, the
bill includes the following amounts:

The nation's immunization infrastructure is essential for
the delivery of routine immunization services as well as
public health preparedness and response to vaccine-
preventable disease emergencies. As part of the additional
funding provided for immunization programs, CDC is directed
to develop a strategy to: (1) modernize immunization
information systems; (2) prepare public health departments
for changes in the healthcare delivery system, including new
billing procedures for insured patients; and, (3) strengthen
the evidence base to inform immunization policy and program
monitoring. The strategy also should address how CDC will
maintain and expand partnerships with the healthcare sector
to provide routine and emergency immunization services.
CDC shall update the Section 317 Immunization Program
report and submit it to the Committees on Appropriations not
later than February 1, 2011, to reflect fiscal year 2012 cost
estimates and an estimate of optimum CDC, State, and local
operations funding needed relative to current levels to
conduct and support childhood, adolescent, and adult
programs. The report also should include a discussion of
specific strategies to improve the overall immunization
infrastructure and to reduce barriers and increase adult
immunization rates in the United States.
HIV/AIDS, Viral Hepatitis, STD, and TB Prevention.--Within
the total for HIV/AIDS, Viral Hepatitis, STD, and TB
prevention, the bill includes the following amounts:

Within the total for Domestic HIV/AIDS Prevention and
Research programs, the bill provides funding at no less than
the level provided in fiscal year 2010 to support activities
that are targeted to address the growing HIV/AIDS epidemic
and its disparate impact on communities of color, including
African Americans, Latinos, Native Americans, Asian
Americans, Native Hawaiians, and Pacific Islanders.
CDC is urged to consider using funds provided above the
budget request for Viral Hepatitis to increase support for
the Adult Viral Hepatitis Prevention Coordinators program and
core prevention services, such as educational programs for
healthcare and social service providers, at-risk populations,
and the general public.
Emerging and Zoonotic Infectious Diseases.--Within the
total for Emerging and Zoonotic Infectious Diseases, the bill
includes the following amounts:

Funding reductions in the prion disease program shall be
targeted toward CDC intramural staffing and contract and
travel costs. Further, CDC is directed to provide a detailed
summary of the various activities funded within prion disease
for fiscal years 2009-2012 as part of the fiscal year 2012
congressional budget justification.
Through the National Healthcare Safety Network, CDC
monitors infections, antimicrobial resistance, and other
adverse events in hospitals in all 50 States, Puerto Rico,
and the District of Columbia. Increased funding will be used
to develop surveillance in an additional 2,500 hospitals
taking the total to 5,000 participating hospitals. Funding
will also be used to provide resources and technical
expertise to State health departments to achieve healthcare-
associated infections (HAI) prevention targets; continue

[[Page 20681]]

development and implementation of prevention tools,
campaigns, education, and training in healthcare settings;
and to increase public health workforce capacity to lead HAI
outbreak investigations, surveillance, and prevention
activities at the State and local levels.
Chronic Disease Prevention and Health Promotion.--Within
the total for Chronic Disease Prevention and Health
Promotion, the bill includes the following amounts:

----------------------------------------------------------------------------------------------------------------
This bill compared to--
-------------------------------------
Budget activity This bill FY 2011 budget
FY 2010 request
----------------------------------------------------------------------------------------------------------------
Office of Smoking and Health........................... $157,044,000 +$31,856,000 +$49,830,000
Appropriations in this bill........................ 107,044,000 -3,644,000 -170,000
PPH Fund Allotment................................. 50,000,000 +35,500,000 +50,000,000
Chronic Disease Activities............................. 564,820,000 +321,861,000 +306,957,000
Community Grants................................... 208,901,000 +161,563,000 +153,143,000
Community Transformation Grants................ 145,000,000 +145,000,000 +145,000,000
Appropriations in this bill................ 0 0 0
PPH Fund Allotment......................... 145,000,000 +145,000,000 +145,000,000
Racial and Ethnic Approaches to Community 63,901,000 +24,263,000 +24,923,000
Health........................................
Appropriations in this bill................ 38,901,000 -737,000 -77,000
PPH Fund Allotment......................... 25,000,000 +25,000,000 +25,000,000
Other Community Grants......................... 0 -7,700,000 -16,780,000
Chronic Disease Prevention State Grants............ 250,000,000 +165,369,000 +167,285,000
Appropriations in this bill.................... 110,000,000 +25,369,000 +27,285,000
PPH Fund Allotment............................. 140,000,000 +140,000,000 +140,000,000
National Activities................................ 49,080,000 0 -7,500,000
CDC Activities..................................... 56,839,000 -5,071,000 -5,971,000
School Health.......................................... 56,289,000 -1,347,000 -5,231,000
Healthy Passages Study............................. 3,493,000 +1,000 -5,000
Food Allergies..................................... 497,000 0 -1,000
Health Promotion....................................... 22,716,000 +179,000 +3,171,000
Community Health Promotion......................... 6,355,000 -112,000 -10,000
Sleep Disorders................................ 844,000 -17,000 -1,000
Mind-Body Institute................................ 1,500,000 0 +1,500,000
Glaucoma........................................... 3,167,000 -351,000 -357,000
Visual Screening Education......................... 2,906,000 -322,000 -328,000
Alzheimer's Disease................................ 1,810,000 -36,000 -3,000
Inflammatory Bowel Disease......................... 686,000 0 +686,000
Interstitial Cystitis.............................. 660,000 0 +660,000
Excessive Alcohol Use.............................. 3,500,000 +1,000,000 +1,026,000
Chronic Kidney Disease............................. 2,132,000 0 -3,000
Prevention Research Centers............................ 43,084,000 +9,414,000 +9,948,000
Appropriations in this bill........................ 33,084,000 -586,000 -52,000
PPH Fund Allotment................................. 10,000,000 +10,000,000 +10,000,000
Cancer Prevention and Control.......................... 376,999,000 +6,709,000 +21,847,000
Breast and Cervical Cancer......................... 219,550,000 +4,732,000 +8,615,000
WISEWOMAN...................................... 22,787,000 +2,003,000 +2,000,000
Breast Cancer Awareness for Young Women............ 7,000,000 +2,001,000 +1,994,000
Cancer Registries.................................. 51,227,000 -1,000 -76,000
Colorectal Cancer.................................. 44,524,000 -1,000 -66,000
Comprehensive Cancer............................... 20,689,000 -1,000 -41,000
Johanna's Law...................................... 6,807,000 +1,000 +6,807,000
Ovarian Cancer..................................... 5,705,000 -1,000 -9,000
Prostate Cancer.................................... 13,614,000 -22,000 -42,000
Skin Cancer........................................ 2,190,000 0 -10,000
Geraldine Ferraro Cancer Education Program......... 4,677,000 +1,000 +4,677,000
Cancer Survivorship Resource Center................ 1,016,000 0 -2,000
Oral Health............................................ 20,607,000 +5,609,000 +6,000,000
Safe Motherhood/Infant Health.......................... 43,447,000 -1,328,000 -12,196,000
Pre-term Birth..................................... 2,005,000 0 -3,000
Prevention Outreach Activities......................... 2,000,000 +2,000,000 +2,000,000
Appropriations in this bill........................ 0 0 0
PPH Fund Allotment................................. 2,000,000 +2,000,000 +2,000,000
Other Chronic Diseases................................. 13,719,000 -260,000 -21,000
Psoriasis.......................................... 1,496,000 -4,000 -2,000
Epilepsy........................................... 7,805,000 -170,000 -12,000
Lupus.............................................. 4,418,000 -86,000 -7,000
Primary Immune Deficiency Syndrome..................... 3,107,000 0 -5,000
----------------------------------------------------------------------------------------------------------------

Of the funds provided for the Office on Smoking and Health,
$10,000,000 shall be for a new demonstration program on
providing expanded cessation services to low-income and
uninsured individuals.
Also within the total for the Office of Smoking and Health,
CDC is expected to transfer no less than the amount it did in
fiscal year 2010 to the Environmental Health Laboratory to
support its work to analyze tobacco products and cigarette
smoke. This transfer is intended to be provided to the lab in
a manner that supplements and in no way replaces existing
funding for tobacco-related activities.
CDC's current chronic disease prevention funding streams
limit opportunities for coordination and integration across
related programs. Therefore, the bill creates a new,
consolidated Chronic Disease Prevention Grant Program that
includes the following categorical programs: heart disease
and stroke; diabetes; arthritis; and nutrition, physical
activity, and obesity. This funding shall be used at the
State level for core chronic disease prevention leadership,
community health promotion, and preventive services. Funding
shall not be used to directly support State or local capital
infrastructure projects.
The core Chronic Disease Prevention Grant Program will
include a base award to each State (including the District of
Columbia and Puerto Rico) of not less than $2,000,000 plus
additional formula-based funding to be allocated according to
population, State chronic disease rates, and socioeconomic
factors. CDC shall award not less than 2 percent of the core
grant program funds to tribes and tribal organizations and
other U.S. territories. In addition to the core award, the
bill includes $25,000,000 to be available through fiscal year
2012 for a competitive incentive award for States that
achieve or clearly demonstrate progress toward meeting a
stated prevention goal or goals. CDC is directed to establish
a mechanism to measure performance for this program,
including the establishment of baselines and methods of
assessing progress toward achieving definable goals. These
measures should relate to: community health promotion;
preventive services; the full and active participation from
other relevant State agencies, including the Departments of
Education, Human Services, Aging, and Transportation; the
inclusion of special populations (people with disabilities,
racial and ethnic populations, students, etc.); surveillance;
planning; policy change; and the implementation of evidence-
based public health interventions. States shall be required
to demonstrate maintenance of effort on the activities
previously supported by the categorical programs. Further,
CDC should continue to reiterate to its grantees the
prohibition against using appropriated funds for lobbying
Congress or any State legislature, which is contained in
section 503 of this Act.
Grant awards shall be made no later than July 31, 2011. CDC
shall adjust current grant cycles to the extent necessary to
ensure that States do not experience shortfalls due to the
transition.
Also within the total is $49,080,000 for related national
activities that support chronic disease prevention. Within
the total, sufficient funding is included to maintain the
Paul Coverdell National Acute Stroke Registry and $5,000,000
is included to expand CDC's background community assessment
of health and related social and environmental conditions in
the Mississippi Delta region.
Efforts to promote chronic disease prevention at the
national level should continue and CDC's in-house expertise
should be maintained. Therefore, within the total provided
for the Chronic Disease Prevention Grant Program, the bill
sets aside $56,839,000 to maintain CDC's leadership,
research, and

[[Page 20682]]

technical assistance in support of these investments.
Birth Defects, Developmental Disabilities, Disability and
Health.--Within the total for Birth Defects, Developmental
Disabilities, Disability and Health, the bill includes the
following amounts:

Increased funding is included for a craniostosis physician
awareness campaign as described in Senate report 111-243.
CDC's plan to consolidate the blood disorders programs
inadequately addresses the transition from the current
approach to the new structure. Therefore, to the extent
possible, CDC is expected to continue the current cooperative
agreements for blood disorder surveillance and safety to
allow for a smooth transition from the current blood
disorders program to a new consolidated program. In designing
a new blood disorders program, CDC is directed to work with
the hemophilia and thalassemia treatment centers and patient
organizations to assure that the needs of patients with these
and other blood disorders, such as deep vein thrombosis,
pulmonary embolism, and diamond blackfan anemia, are
appropriately addressed. Prior to obligating any fiscal year
2011 blood disorders program funds, CDC is directed to
provide a detailed written summary and to brief the
Committees on Appropriations on the programs and activities
that will be supported through the blood disorders program
and how that distribution compares to prior years.
National Center for Health Statistics.--Sufficient funding
is provided within the total for the National Center for
Health Statistics to ensure that no State match will be
required in fiscal year 2011 under the National Vital
Statistics System to begin phasing in electronic death
records.
Public Health Scientific Services.--Within the total for
Public Health Scientific Services, the bill includes the
following amounts:

The additional funding provided for Public Health Research
through transfer from the PPH Fund is intended to support
extramural grants for research on public health and
prevention.
Environmental Health.--Within the total for Environmental
Health, the bill includes the following amounts:

The increase provided for the Environmental Public Health
Tracking Network is intended to fund additional State and
local jurisdictions. CDC is directed to work with all
Environmental Public Health Tracking Network grantees to
annually report to the

[[Page 20683]]

Committees on Appropriations on the activities of the
grantees and to identify public health actions that have
resulted from this program not later than April 30 of each
year.
Injury Prevention and Control.--

Within the total for Injury Prevention and Control, the
bill includes the following amounts:

National Institute for Occupational Safety and Health.--
Within the program level total for the National Institute for
Occupational Safety and Health (NIOSH), the bill includes the
following amounts:

Funding provided above the fiscal year 2010 level for
mining research is intended to support research on
underground mine refuge chambers and other alternatives.
NIOSH shall conduct or support research on the deployability,
tolerability, and survivability of the most common refuge
chambers currently required in all underground mines and on
other alternatives and shall work with the Department of
Labor's Mine Safety and Health Administration to develop
research priorities, including both compartmentalized
research and full human subjects testing. The NIOSH Director
shall submit quarterly progress reports on this research to
the Committees on Appropriations and the House and Senate
authorizing committees of jurisdiction, with the first report
due 90 days after enactment of this Act.
The National Occupational Research Agenda (NORA) is a
partnership program to stimulate innovative research and
improved workplace practices to identify the most critical
issues in workplace safety and health across eight industry
sectors. The increased resources for NORA are intended to be
used to strengthen and enhance occupational safety and health
research to protect the health and safety of U.S. workers.
Global Health.--Within the funds provided for Global
Health, the bill includes the following amounts:

Public Health Preparedness and Response.--Within the funds
provided for Public Health Preparedness and Response, the
bill includes the following amounts:

Public Health Leadership and Support.--Within the total for
Public Health Leadership and Support, the bill includes the
following amounts:

[[Page 20684]]

Any savings realized in leadership and management may be
reallocated to the Director's Discretionary Fund for programs
and initiatives that improve the health and safety of
Americans upon notification of the Committee on
Appropriations.
The bill includes funding for the following projects in the
following amounts:

[[Page 20685]]

[[Page 20686]]

[[Page 20687]]

Buildings and Facilities.--Funding provided for CDC
buildings and facilities is intended to be used for repairs
and improvements to fully restore operations at NIOSH's Lake
Lynn Laboratory and Experimental Mine.
Business Services and Support.--The funds for business
services and support are intended for CDC to carry out its
business functions, including, but not limited to,
administrative services, financial management, security and
emergency preparedness, and procurement and grants. Neither
these funds nor any other funds provided to CDC are to be
enhanced through the mechanism of program assessments or
tapping at any level.

National Institutes of Health

Funding levels for programs within the National Institutes
of Health (NIH), along with comparisons to last year's levels
and the budget request, are shown in the table at the end of
this division. Any allocations of funding beyond the level of
detail in that table are indicated below.
National Cancer Institute
The bill provides up to $8,000,000 for facilities repairs
and improvements at the National Cancer Institute (NCI)--
Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
In each of the last 2 years NCI was encouraged to launch a
pancreatic cancer-specific research initiative. Pancreatic
cancer remains the only major cancer with a survival rate in
the single digits. Absent a targeted research effort, any
hope for advances in diagnosis and treatment will remain
slim. The NCI is urged to take concrete steps to attack this
most deadly form of cancer by: (1) establishing a discrete
pancreatic cancer research grant program; (2) re-instituting
a policy of ``exceptions'' funding for grant applications
that are focused primarily on pancreatic cancer; and (3)
including more experts in pancreatic cancer on scientific
review panels. Further, the NCI Consensus Report of the
National Cancer Institute Clinical Trials Planning Meeting on
Pancreas Cancer Treatment, from two years ago does not
include an action plan. The NCI is strongly encouraged to
develop and implement action steps within 6 months of
enactment of this Act and provide the Committees on
Appropriations a copy of this action plan.
Office of the Director (OD)
The bill's funding anticipates NIH will operate within the
policy assumptions set forth in the budget request, except as
modified by this statement. The bill assumes NIH will use an
average cost of $401,000 per new and competing awards; the
level is corrected for the anomaly NIH identified in its
budget request and includes a 1.5 percent increase in fiscal
year 2011. The amount provided is expected to support
approximately 10,000 new and competing awards. The non-
competing awards are provided a 1 percent increase. The bill
provides increases of 6 percent for training stipends, 4
percent for Research Management and Support, 2.4 percent for
Office of the Director (OD) operations and Programs,
Projects, and Activities and 1.5 percent all for other
mechanisms. The bill supports $85,000,000 for the NIH
Director's New Innovator Award program in the Common Fund,
with all other assumptions, other than new initiatives, at
the budget request level. The OD level includes $99,044,000
for radiological, nuclear and chemical countermeasures;
$50,000,000 for the Cures Acceleration Network (CAN), and
$1,500,000 for OD's Division of Program Coordination,
Planning, and Strategic Initiatives (DPCPSI) to administer
CAN, and increased support for science education in the OD
Office of Science Policy to increase collaboration with the
Department of Education on scientific education, expand
curriculum development and distribution.
The bill supports the requested level for the Clinical and
Translational Research Award (CTSA) program and the Basic
Behavioral and Social Science Opportunity Network across the
Institutes and Centers (ICs). The bill provides up to
$50,000,000 to expand the number of targets in the
Therapeutic Rare and Neglected Disease initiative. The bill
assumes support for the Institutional Development Award
program and other OD and ICs program activities are funded as
identified in the request.
The bill includes longstanding general provisions such as
setting the salary of researchers through NIH grants at
Executive Level I, providing transfer authority for the
Office of AIDS Research and clarifying that the Director may
use transfer authority under section 420A(d) of the Public
Health Service Act to transfer funds between the ICs of the
NIH. The NIH is directed to provide advance notification each
time the Director uses any portion of the transfer or
reprogramming authority. NIH is directed to provide its final
mechanism totals for each fiscal year, in table form, by
December 30 following the end of that fiscal year to the
Committees on Appropriations.
The NCI is commended for its efforts with the Institute of
Medicine (IOM) to review its clinical trials process. The IOM
identified a number of concerns that seem to have
applicability across all NIH ICs to improve NIH-wide clinical
trial activity. The NIH is directed to conduct a trans-NIH
review of the applicability of the twelve IOM recommendations
to all NIH ICs that conduct clinical trials. The review
should examine ways to develop and strengthen NIH-wide
policies with a focus on opportunities to improve the
incorporation of innovative science, increase speed of
initiation and completion, improve the means of setting
priorities, and develop better incentives for participation
in clinical trials. The IOM report found it takes over 900
days to open a clinical trial, but trials supported with
Recovery Act funds developed methods to open studies within
90 days. The NIH is directed to consider how it can
incorporate the 90-day model into all clinical trial
activity. The review should examine the policies of each IC
regarding funding for variable accrual costs per case, and
ensure that a consistent guideline applies across NIH.
Specifically, the review should examine the viability and
effect on speed of opening trials of a multi-tier system in
which payments for cost-per-accrual vary according to the
time required to open the trial, such as a system that
provides a certain amount per accrual case if the opening
takes more than 360 days and a higher payment if the opening
occurs sooner. Further, the review should examine the
methods/processes ICs use to prioritize clinical trials based
on peer-review input, funding, and other ways to optimize
selection of studies. The NIH is requested to conduct a
complete review and submit a report within 1 year of
enactment of this Act, discussing the findings, proposed
policy changes, implementation timeline, and key measures NIH
will use to monitor clinical trial activity.
The bill provides $50,000,000 to support CAN. The program
is intended to improve the speed and coordination among basic
research, translational research, medicine, biopharmaceutical
and regulatory activities to translate scientific discoveries
into usable cures and treatments and is directed by a 24-
person board. The NIH and CAN Board are urged to include
participation by the Food and Drug Administration, the
National Science Foundation, the Veterans Health
Administration, the Department of Defense (Health Affairs)
and other federal agencies, such as the Patent and Trademark
Office. The NIH is requested to provide detailed descriptions
of the CAN activity in future budget requests as a new
section in the budget justification overview volume, similar
to the Common Fund. The new section should identify detailed
program activities for each CAN focus element with measurable
objectives. The bill supports CAN as a trans-NIH activity
that is housed within the OD's DPCPSI. Due to the lateness of
the fiscal year, if in this initial year, the Director cannot
fully obligate the CAN resources, he should transfer
remaining funds in a proportional manner to the ICs. NIH is
requested to establish a high bar on requests to waive the
matching fund requirement, and should provide an annual
report to the Committees on Appropriations by October 15 of
each year with details on all waiver activity.
NIH has a number of grant mechanisms that are either fully
or incrementally (annually) funded based on the purpose,
scope, and activity of the award. NIH is requested, starting
with the fiscal year 2012 budget request, to provide a table
that lists all active grant mechanisms with the purpose,
funding type (full or incremental), and the number of actual
awards in each mechanism during the last full fiscal year.
NIH is requested, in coordination with the Secretary of
HHS, to review their joint processes to facilitate more fully
and timely responses to congressional inquiries and to
improve their responsiveness regarding requested reports,
regulations, and other information. The HHS Secretary is
requested to provide a report to the Committees on
Appropriations by October 1, 2011, on actions HHS and NIH
expect to take to improve responsiveness.

Substance Abuse and Mental Health Services Administration

Funding levels for appropriations by account, and
comparisons to last year's levels and the budget request, can
be found in the table at the end of this division.
Allocations below that level of detail are included below.
Center for Mental Health Services (CMHS)
Within the total provided for CMHS Programs of Regional and
National Significance, the bill includes the following
amounts:

[[Page 20688]]

Youth Violence Prevention.............................. 94,502,000 +169,000 0
National Child Traumatic Stress Initiative............. 43,750,000 +2,950,000 +2,950,000
Children and Family Programs........................... 9,194,000 0 0
Performance Management and Coordination Activities..... 3,530,000 +364,000 0
Consumer and Family Network Grants..................... 6,436,000 +200,000 0
Mental Health Transformation and Health Reform......... 26,924,000 -2,182,000 -4,000,000
Project LAUNCH......................................... 25,000,000 0 -2,000,000
Primary and Behavioral Health Integration.............. 49,000,000 +35,000,000 +35,000,000
Appropriation in this bill......................... 14,000,000 0 0
PPH Fund Allotment*................................ 35,000,000 +15,000,000 +35,000,000
Community Resilience and Recovery Initiative........... 5,000,000 0 0
Suicide Prevention PPH Fund Allotment*................. 10,000,000 +10,000,000 +10,000,000
Suicide Lifeline....................................... 5,522,000 0 -2,000,000
Garrett Lee Smith-Youth Suicide Prevention:
State Grants....................................... 29,738,000 0 -700,000
Campus Grants...................................... 4,975,000 0 -425,000
American Indian/American Native Suicide Prevention..... 2,944,000 0 -2,944,000
Homeless Prevention Programs........................... 39,696,000 +7,446,000 0
Older Adult Programs................................... 4,814,000 0 0
Minority AIDS.......................................... 9,283,000 0 0
Criminal and Juvenile Justice Programs................. 6,684,000 0 0
Science to Service:
Garrett Lee Smith-Suicide Resource Center.............. 4,957,000 0 0
Information Dissemination and Training................. 8,528,000 -473,000 0
National Registry of Evidence Based Programs and 544,000 0 0
Practices.............................................
SAMHSA Health Information Network...................... 2,644,000 -29,000 0
Consumer & Consumer Support Technical Assistance 1,927,000 0 0
Centers...............................................
Minority Fellowship Program............................ 4,279,000 0 0
Disaster Response...................................... 1,054,000 0 0
Homelessness........................................... 2,306,000 0 0
HIV/AIDS Education..................................... 774,000 -200,000 0
----------------------------------------------------------------------------------------------------------------
*Amount allotted in this bill from the Prevention and Public Health (PPH) Fund, which was authorized and
appropriated in the Patient Protection and Affordable Care Act.

Within the funding provided for the National Child
Traumatic Stress Initiative, $1,000,000 is included for the
National Center for Child Traumatic Stress for data analysis
and support.
The bill does not include funding for a combined Mental
Health/Substance Abuse Screening, Brief Intervention, and
Referral to Treatment Program.
Asian American and Pacific Islander (AAPI) females between
the ages of 15-24 have high rates of depression and suicide
ideation and AAPI females over the age of 65 have among the
highest rates of suicide of any ethnic group. SAMHSA is urged
to ensure that they are aware of this disparity as they
coordinate suicide prevention activities in the community, in
the schools, on college campuses and in facilities treating
elder populations.
The bill includes funding for the following projects in the
following amounts:

[[Page 20689]]

[[Page 20690]]

Center for Substance Abuse Treatment (CSAT)
Within the total provided for CSAT Programs of Regional and
National Significance, the bill includes the following
amounts:

----------------------------------------------------------------------------------------------------------------
This bill committee compared to--
-------------------------------------
Budget activity This bill FY 2011 budget
FY 2010 request
----------------------------------------------------------------------------------------------------------------
Capacity:.............................................. ................. $0 $0
Co-occuring State Incentive Grant...................... 4,113,000 -150,000 0
Opioid Treatment Programs/Regulatory Activities........ 8,903,000 0 0
Screening, Brief Intervention, Referral, and Treatment 54,106,000 +25,000,000 +17,000,000
(SBIRT)...............................................
Appropriation in this bill......................... 29,106,000 0 -8,000,000
PPH Fund Allotment*................................ 25,000,000 +25,000,000 +25,000,000
Targeted Capacity Expansion-General.................... 28,481,000 -508,000 0
Pregnant and Postpartum Women.......................... 16,000,000 0 -1,350,000
Strengthening Treatment Access and Retention........... 1,775,000 0 0
Recovery Community Services Program.................... 5,236,000 0 0
Access to Recovery..................................... 98,954,000 0 -9,900,000
Children and Families.................................. 30,488,000 -190,000 0
Treatment Systems for Homeless......................... 47,360,000 +4,610,000 0
Minority AIDS.......................................... 65,988,000 0 +100,000
Criminal Justice Activities............................ 75,913,000 +8,278,000 -8,278,000
Services Accountability................................ 20,716,000 +70,000 -100,000
National All Schedules Prescription Electronic 3,000,000 +1,000,000 +1,000,000
Reporting (NASPER)....................................
Science to Service:
Addiction Technology Transfer Grants............... 9,081,000 0 0
Minority Fellowship Program........................ 547,000 0 0
Special Initiatives/Outreach....................... 2,420,000 +20,000 0
Information Dissemination.......................... 4,353,000 -200,000 0
National Registry of Evidence-based Programs and 893,000 0 0
Practices.........................................
SAMHSA Health Information Network.................. 3,782,000 -473,000 0
Program Coordination and Evaluation................ 5,045,000 -169,000 0
----------------------------------------------------------------------------------------------------------------
*Amount allotted in this bill from the Prevention and Public Health (PPH) Fund, which was authorized and
appropriated in the Patient Protection and Affordable Care Act.

The bill does not include funding for a combined mental
health/substance abuse Screening, Brief Intervention, and
Referral to Treatment program. Funds provided from the
Prevention and Public Health Fund shall be used for the
existing evidence-based SBIRT program.
The bill includes funding for the following projects in the
following amounts:

[[Page 20691]]

[[Page 20692]]

Center for Substance Abuse Prevention (CSAP)
Within the total provided for CSAP Programs of Regional and
National significance, the bill includes the following
amounts:

SAMHSA is encouraged to ensure that States which receive
Partnerships for Success grants give current and former drug-
free communities grantees priority status as subrecipient
grantees.
The bill includes funding for the following projects in the
following amounts:

[[Page 20693]]

[[Page 20694]]

Health Surveillance and Support.In recognition of the
increasingly strong evidence of a relationship between youth
exposure to alcohol marketing and underage drinking, SAMHSA
is encouraged to add to its data collection activities the
monitoring and reporting of State laws and regulations that
address alcohol marketing targeting young people, including
but not limited to: sponsorships of family events, marketing
on college campuses, and signage in locales where children
are likely to be present.

Agency for Healthcare Research and Quality

Funding levels for programs within the Agency for
Healthcare Research and Quality (AHRQ), along with
comparisons to last year's levels and the budget request, are
shown in the table at the end of this division. Any
allocations of funding beyond the level of detail in that
table are indicated below.
The bill funds AHRQ through section 241 of the Public
Health Service (PHS) Act. In addition, the bill allocates
$12,000,000 from the Prevention and Public Health Fund. The
following table provides a breakout of key programs and
levels of support within funds provided to AHRQ:

The bill provides AHRQ with resources to sustain and
support key Patient-Centered Outcomes Health Research (PCHR)
activity, which includes up to $5,000,000 within the PCHR
total for Centers for Education and Research in Therapeutics
(CERTs). The bill does not intend for any PCHR funding
included in fiscal year 2011 to be used to mandate coverage,
reimbursement, or other policies for any public or private
payer. Further, it is recognized that a ``one-size-fits-all''
approach to patient treatment is not the most medically
appropriate solution to treating various conditions. Research
conducted should be consistent with departmental policies
relating to the inclusion of women and minorities.
AHRQ and NIH are requested to submit a joint report within
180 days after enactment of this Act on results and status of
PCHR activity undertaken with Recovery Act funds, ongoing
efforts (independent and jointly), and planned activity with
the Patient Centered Outcomes Research Institute.
The bill restores funding for the CERTs program within the
Crosscutting Activity area and provides funding for
additional CERTs in other areas of AHRQ's research portfolio.
AHRQ is urged to support investigator-initiated research
aimed at identifying new interventions to reduce healthcare-
associated infections (HAIs), the most common of which is
Methicillin-Resistant Staphylococcus Aureus (MRSA). Although
in some cases adequate knowledge about how to reduce HAIs is
available and the primary barrier is how to implement and
apply that knowledge, in other cases, optimal solutions are
not apparent.
AHRQ is requested to develop ways to improve and measure
HAI information dissemination and adoption by the health care
community and strongly encouraged to partner with CDC, NIH,
and other agencies on this endeavor.
AHRQ is requested to provide the Committees on
Appropriations a report within 180 days after enactment
regarding progress on, and plans for, development of new ways
to improve dissemination and measure adoption of techniques
to reduce HAIs.
There are concerns about declines in the number of, and
funding for, training grants for the next generation of
researchers. AHRQ is urged to provide greater support to pre-
and post-doctoral training grants and fellowships to ensure
America stays competitive in the global research market.

Centers For Medicare And Medicaid Services

Funding levels for programs within the Centers for Medicare
and Medicaid Services (CMS), along with comparisons to last
year's levels and the budget request, are shown in the table
at the end of this division. Any allocations of funding
beyond the level of detail in that table are indicated below.
Program Management
Funding is included to support medical operations
activities that may include required information technology
(IT) security and sustainability investments, data encounter,
payment system customization, IT infrastructure
modernization, and other medical operations workload issues.
CMS may use funds to design a data improvement initiative.
Prior to implementation of any data improvement initiative,
the Committees on Appropriations must review a 5-year plan
for the initiative with cost estimates and timelines. The
plan should include measurable objectives divided into 1-year
project periods that can be requested and approved through
the annual appropriations process. In addition, CMS is
directed to provide a comprehensive strategic plan by
February 15, 2011, covering all data improvement activity
proposed by CMS.
The medical operations level provides up to $5,000,000 to
create a test environment for modeling industry solutions in
a secure setting. This environment should allow vendors to
work independently and with CMS to seek solutions and execute
``proof of concept'' tests for CMS issues in a secure
environment, using Medicare test data, on CMS technical
architecture, in an isolated, stand-alone environment for
independent vendor testing of industry solutions. The scope
should allow ``proof of concept'' tests to determine solution
effectiveness in addressing Medicare issues such as improper
payment, quality measurement, data exchange, and concepts
developed by the CMS Center for Innovation. The test
environment must ensure data privacy and security, comply
with CMS technical architecture standards, provide temporary
access and secure connectivity for vendor testing, and make
relevant data sets available for product testing. Management
support should include scheduling and resource allocation, ID
management and credentialing, provisioning support, and
technical support for vendors related to use of the test
environment. CMS should provide the Committees on
Appropriations with a report and timeline on the development
of the test environment within 180 days after enactment of
this Act.
The bill includes $68,000,000 for research activities
remaining from the Medicare Improvement for Patients and
Providers Act of 2008. The bill includes the requested
funding level for all other activities within the Medical
Operations account. The bill provides sufficient funding for
survey and certification activities to provide surveys of all
types of facilities at least once every 6 years. Prior to
2010, some types of facilities were reviewed as infrequently
as once every 11.5 years, including ambulatory surgery
centers. These types of facilities have been implicated in
past outbreaks of healthcare-associated infections (HAIs).
Greater frequency of surveys is expected to increase
awareness of and reduction in the occurrence of HAIs. CMS is
directed to train all State inspectors on CDC's revised HAI
interpretative guidelines. With the increased frequency of
inspections, surveyors must be equipped to detect evidence of
HAIs or faulty procedures that could result in HAIs.
Medicare beneficiaries who are blind or visually impaired
are eligible for physician-prescribed rehabilitation services
from approved health care professionals on the same basis as
beneficiaries with other medical conditions that result in
reduced physical functioning. There is concern that the
effectiveness of vision rehabilitation services may be
compromised by the current exclusion of Medicare coverage of
vision assistive equipment. CMS is requested to evaluate the
policies relating to vision assistive equipment and devices
prescribed: (1) by a Medicare-approved physician in
conjunction with Medicare-approved vision rehabilitation

[[Page 20695]]

services, (2) for purposes other than correcting the
refractive state of the eye, (3) to a beneficiary receiving
Medicare-approved vision rehabilitation services, or (4)
consistent with, and on the same basis, as Medicare coverage
provided to beneficiaries receiving durable medical equipment
(DME) related to other Medicare-covered rehabilitation
services. CMS is requested to provide an update on the
progress of the review in the fiscal year 2012 budget
request.
The CMS Innovation Center is directed to establish an
intra-agency innovation collaboration group with
participation from CDC, NIH, AHRQ, HRSA and other appropriate
HHS organizations to assist in the identification of
promising innovations. These agencies are recognized for
their work to improve science and healthcare operations, and
their standing in the health care industry can enhance the
Center's work. The Center is urged to develop cooperative
activities with these agencies.
CMS is urged to ensure its Recovery Audit Contractor
Program does not create significant budgetary problems for
hospitals that are operating in good faith and whose appeals
are eventually settled in their favor. While the process has
been modified so that contractors pay now reflects the number
of successful denials, the program may still incentivize the
volume of citations over the quality. CMS is encouraged to
consider evaluating contractors and reviewers to ensure that
they are adequately trained and they are not generating
unreasonable numbers of overturned denials. CMS should
consider alternative ways to reclaim payments while a dispute
is in the appeals process and provide the Committees on
Appropriations an update in the fiscal year 2012 budget
request.
The bill provides resources to expand efforts on preventing
fraud, reducing improper payments and paying claims right the
first time. CMS is encouraged to continue its efforts to
develop a working group with federal agencies, health care,
and health insurance industry that includes sharing best
practices, data, and other relevant information to decrease
health care fraud. CMS should provide a report to the
Committees on Appropriations by March 15, 2011, on the first
meeting, charter, and future activity planned of this working
group.
The bill includes funding for the following projects in the
following amounts:

[[Page 20696]]

[[Page 20697]]

Administration for Children and Families

Low Income Home Energy Assistance.--Within the amount
provided for the Low Income Home Energy Assistance program
(LIHEAP), not more than $27,000,000 shall be used for the
Leveraging Incentive program.
Refugee and Entrant Assistance.--The Department shall
provide a report within 60 days of enactment of this Act to
the Committees on Appropriations on how the Administration
for Children and Families (ACF) has implemented the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (TVPRA) as it relates to unaccompanied alien
children (UAC). This report should include information on the
number of children transferred to ACF's care including their
length of the stay, country of origin, and services provided,
as well as costs associated with implementing changes in the
TVPRA, with relevant data broken out by fiscal year. Further,
within funds for the UAC program, the Office of Refugee
Resettlement (ORR) shall use up to $250,000 for an
independent evaluation of the UAC program, which shall be
submitted by September 30, 2011, to determine if it is
operating consistent with child welfare best practices.
Within funds for the UAC program, $8,000,000 is provided to
continue the pro bono legal services initiative to ensure
legal representation for both released and detained children.
These funds should be used to train attorneys to detect
abuse, mistreatment, labor exploitation, and trafficking of
these children. In addition, a portion of these funds should
be used to train attorneys in methods that will ensure the
appearance of children at all immigration court hearings. The
ORR is expected to use part of these funds to assess the
overall impact of the pro bono legal services initiative,
including the number and proportion of UACs provided pro bono
legal representation.
The bill does not include additional funding requested by
the administration to concentrate more shelter space within
250 miles of the border.
Children and Family Services.--Within Child Abuse
Discretionary Activities, funding is not included for a new
competitive grant program for State implementation of abuse
prevention efforts that was proposed in the President's
budget.
The bill includes funding for the following projects in the
following amounts:

[[Page 20698]]

[[Page 20699]]

Within the funds provides for Social Services and Income
Maintenance Research, ACF is directed to reserve $1,300,000
to conduct a national, comprehensive, 2-year child welfare
study in conjunction with the National Academies of Sciences
that shall assess the various characteristics of the child
welfare workforce and make recommendations regarding the
appropriate levels of caseload and overall workload,
training, and supervision, and make recommendations for
linking workforce data to data on child outcomes.
The bill includes funding for the following projects in the
following amounts:

[[Page 20700]]

[[Page 20701]]

[[Page 20702]]

[[Page 20703]]

With regard to the Community Services Block Grant (CSBG),
ACF is directed to allocate $500,000 of CSBG training and
technical assistance funds for a national community economic
development training and capacity development initiative.
Within the amount for Economic Development, up to
$20,000,000 shall be used for the Healthy Food Financing
Initiative, as proposed in the President's budget.
Within the total for Family Violence Prevention, up to
$2,000,000 is included for a program requested by the
Administration targeting children exposed to domestic
violence.
Within the total for Program Direction, the bill includes
up to $5,000,000 for additional staff and associated costs to
improve oversight and monitoring of ACF programs. The bill
includes a total increase of up to $25,000,000 for program
integrity initiatives within ACF--$15,000,000 within Head
Start, $5,000,000 within LIHEAP and up to $5,000,000 within
Program Direction. Within 60 days of enactment of this Act,
ACF is directed to provide the Committees on Appropriations a
strategic plan on how these funds will be used to increase
program integrity efforts at ACF.

Administration on Aging

Funding levels for programs within the Administration on
Aging (AoA), along with comparisons to last year's levels and
the budget request, are shown in the table at the end of this
division. Any allocations of funding beyond the level of
detail in that table are indicated below.
Nutrition Services.--The AoA is directed to continue
including in future congressional budget justifications the
actual amount obligated by States for Home-Delivered
Nutrition Services, Congregate Nutrition Services, and Home
and Community-Based Supportive Services, including transfers
between programs.
Program Innovations.--Within the total for Program
Innovations, AoA is directed to allocate funds for the
programs of national significance according to the levels
stated in the budget request.
The bill includes funding for the following projects in the
following amounts:

[[Page 20704]]

[[Page 20705]]

Aging Network Support Activities.--Within the Health and
Long-Term Care Programs, AoA is directed to prioritize
evidence-based disease prevention activities. AoA should
continue to evaluate the Health and Long-Term Care programs,
measuring their outcomes and impacts and identifying
opportunities for improvement.

Office of the Secretary

General Departmental Management
Funding levels for programs within the Office of the
Secretary--General Departmental Management, along with
comparisons to last year's levels and the budget request, are
shown in the table at the end of this division. Any
allocations of funding beyond the level of detail in that
table are indicated below.
The Secretary is directed to provide a plan with
milestones, performance measures, and estimated funding
levels, including any anticipated transfers to other
operating divisions and offices of the Department of Health
and Human Services (HHS), to the Committees on Appropriations
by April 1, 2011, on its base acquisition workforce
activities and on specific activities supported above the
base due to the increased funding provided for the new
acquisition workforce capacity initiative.
The bill includes $800,000 for the National Academy of
Sciences (NAS) to update its 2005 report titled, ``Assessment
of the Scientific Information for the Radiation Exposure
Screening and Education Program.'' NAS should review new
scientific data to determine whether the current Radiation
Exposure Compensation Act (RECA) program should be expanded.
More specifically, the study should include recommendations
as to whether additional diseases or illnesses, classes of
workers, and geographic areas should be compensated through
RECA.
Continued funding is provided in the Office of the
Secretary to coordinate the Department's efforts to address
healthcare-associated infections (HAIs). The Secretary is
urged to expand the Department's current focus for reducing
HAIs from hospitals to all healthcare settings, including
outpatient facilities.
The Hepatitis Interagency Workgroup is directed to develop
and publicly release a national strategy to reduce new
hepatitis B and C infections and the morbidity and mortality
related to chronic viral hepatitis, as well as linkage to
care no later than February 1, 2011. In addition, the
Hepatitis Interagency Workgroup, in collaboration with the
Centers for Disease Control and Prevention, shall submit a
report by April 1, 2011, on each of the recommendations made
in the Institute of Medicine report, ``Hepatitis and Liver
Cancer: A National Strategy for Prevention and Control of
Hepatitis B and C'' and on the steps HHS has taken to adopt
them.
The Secretary shall report, not later than March 31, 2011,
on up-to-date, State-by-State monthly trends in participation
in the Temporary Assistance for Needy Families (TANF) program
and related matters. Data shall include caseload and benefit
levels, eligibility requirement, diversion and sanctions
policies, and term limits. Caseload data shall include
percentages of eligible children and families served. Data
shall be reported on an annual basis beginning with fiscal
year 1991, and on a monthly basis beginning with fiscal year
2007.
Not later than July 15, 2011, and annually thereafter, the
Department shall submit to the Committees on Appropriations a
report on its progress toward achieving each of the
sustainability goals and targets applicable to all U.S.
Government agencies as outlined in Executive Order 13514.
Adolescent Family Life (AFL).--Funding provided for care
demonstration grants under the AFL program is limited to
continuation costs.
Office of Minority Health (OMH).--Within the total for OMH,
the bill includes $4,000,000 for programs focused on the
improvement of geographic minority health and the reduction
in health disparities for rural disadvantaged minority
populations.
Also within the OMH total, the bill includes $1,000,000 to
continue the national health provider education program on
lupus.
Office of Women's Health (OWH).--Within the total for OWH,
the bill includes $3,375,000 to continue the violence against
women prevention initiative.

[[Page 20706]]

[[Page 20707]]

Office of Inspector General (OIG)
The funding levels for the OIG, along with comparisons to
last year's levels and the budget request, are shown in the
table at the end of this division. Any allocations of funding
beyond the level of detail in that table are indicated below.
Within the total, no less than $6,000,000 is intended to
support in-depth oversight of Head Start, the Low Income Home
Energy Assistance Program, and the Child Care and Development
Block Grant. The OIG is expected to provide the Committees on
Appropriations a mid-report briefing not later than 6 months
after enactment of this Act.
The remaining funds provided above the fiscal year 2011
budget request is intended to allow the OIG to conduct
additional investigations and audits of discretionary
programs as part of the Department's new program integrity
initiative to prevent waste and fraud.
Public Health and Social Services Emergency Fund
Funding levels for programs within the Public Health and
Social Services Emergency Fund, along with comparisons to
last year's levels and the budget request, are shown in the
table at the end of this division.
The Secretary is directed to update the HHS Pandemic
Influenza Plan, incorporating lessons learned during the 2009
H1N1 pandemic and response, especially as it pertains to the
vaccine development and delivery processes, and to submit
this plan to the Committees on Appropriations no later than
February 15, 2011. In addition, this report should include
the specific steps HHS will take to use unobligated emergency
funds to implement these lessons learned.
The bill rescinds emergency funding made available in
Public Law 111-32 for pandemic influenza emergency and
response activities. While this funding has been available to
the Administration since June 2009, the President has not
designated the allocation of these resources to any agency or
for any purpose.
Prevention and Public Health Fund
The bill transfers the following amounts for the following
programs from the Prevention and Public Health Fund:

------------------------------------------------------------------------
This bill
compared to--
Budget activity This bill ------------------
FY 2010
------------------------------------------------------------------------
Community-Based Prevention: $530,000,000 +$414,800,000
Chronic Disease: 395,000,000 +310,167,000
Healthy Weight 0 -5,000,000
Collaborative (HRSA).....
Community Transformation 145,000,000 +145,000,000
Grants (CDC).............
Communities Putting 0 -44,433,000
Prevention to Work (CDC).
Chronic Disease Prevention 140,000,000 +140,000,000
State Grant Program (CDC)
Office of Smoking and 50,000,000 +35,500,000
Health (CDC).............
Racial and Ethnic 25,000,000 +25,000,000
Approaches to Community
Health (CDC).............
Primary and Behavioral 35,000,000 +15,000,000
Health Integration
(SAMHSA).................
Tobacco Prevention and 0 -900,000
Cessation Activities (HHS
OS)......................
Other Community-Based 135,000,000 +104,633,000
Prevention:
Section 317 Immunization 100,000,000 +100,000,000
Program (CDC)............
Enhanced HIV Testing (CDC) 0 -30,367,000
Screening, Brief 25,000,000 +25,000,000
Intervention, Referral to
Treatment (SAMHSA).......
Suicide Prevention 10,000,000 +10,000,000
(SAMHSA).................
Core Public Health Infrastructure 85,000,000 -7,329,000
for State and Local Health Depts:
Public Health Workforce 20,000,000 +20,000,000
Development (HRSA)...........
Public Health Training Centers 0 -14,829,000
(HRSA).......................
Epidemiology-Laboratory 40,000,000 +20,000,000
Capacity Grants (CDC)........
Public Health Workforce 25,000,000 +17,500,000
Development (CDC)............
Public Health Infrastructure 0 -50,000,000
(CDC)........................
Surveillance: 83,000,000 +63,142,000
Environmental Public Health 35,000,000 +35,000,000
Tracking Program (CDC).......
National Center for Health 30,000,000 +10,142,000
Statistics (CDC).............
Behavioral Health Surveillance 18,000,000 +18,000,000
(SAMHSA).....................
Prevention Research: 35,000,000 +34,500,000
Public Health Research (CDC).. 20,000,000 +20,000,000
Prevention Research Centers 10,000,000 +10,000,000
(CDC)........................
Clinical Preventive Services 5,000,000 +5,000,000
Research (AHRQ)..............
Healthy Weight Practice-based 0 -500,000
Research Networks (AHRQ).....
Prevention Task Forces: 14,000,000 +4,000,000
Community Prevention Task 7,000,000 +2,000,000
Force (CDC)..................
Clinical Prevention Task Force 7,000,000 +2,000,000
(AHRQ).......................
Other Activities, including 3,000,000 -259,113,000
coordination:
Primary Care Residencies and 0 -198,122,000
Physician Assistant Training
(HRSA).......................
Traineeships for Nurse 0 -31,431,000
Practitioner Students (HRSA).
State Health Workforce 0 -5,750,000
Development Grants for
Primary Care (HRSA)..........
Nurse Managed Care Centers 0 -15,268,000
(HRSA).......................
Nutrition, Physical Activity, 0 -255,000
and Screen Time Standards in
Child Care Settings (HRSA)...
Prevention Outreach Activities 2,000,000 +2,000,000
(CDC)........................
National Prevention Strategy 1,000,000 +858,000
(CDC)........................
PPH Fund Coordination and 0 -10,120,0000634
Strategic Planning, including
media campaigns (HHS OS).....
President's Council on Fitness, 0 -925,000
Sports, and Nutrition (HHS OS)...
Healthy Living Innovation Awards 0 -100,000
(HHS OS).........................
-------------------------------------
Total Public Health and $750,000,000 +$250,000,000
Prevention Fund:.........
------------------------------------------------------------------------

General Provisions

Sections 201-205 and 207-216 are continuations of general
provisions included in the fiscal year 2010 version of this
Act.
Section 206 provides the Secretary of HHS with the
authority to transfer up to 1 percent of discretionary funds
between appropriations, but no such appropriations shall be
increased by more than 3 percent by any such transfer. For
HRSA, CDC, and SAMHSA, no transfer may decrease any
individual program, project, or activity by more than 1
percent or increase any program, project, or activity by more
than 3 percent. This transfer authority shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act. The Committees on
Appropriations are to be notified not less than 15 days in
advance of any transfer, with such notification to include an
explanation of the effects of the proposed transfer by
program, project, and activity.
Section 217 is a new provision that henceforth, no funds
appropriated for a fiscal year in this or any subsequent Act
shall be allocated by the Secretary for individual offices of
minority health.
Section 218 is a new provision that permanently transfers
the Health Education Assistance Loan program from the
Secretary of HHS to the Secretary of Education.
Section 219 is a new provision that henceforth, no funds
appropriated for fiscal year 2011 or in any previous or
subsequent Act shall be available for transfer for the United
States Public Health Sciences Track.
Section 220 is a new provision approving use by the
National Institutes of Health Director of transfer authority
provided through the Public Health Service Act, with 15-day
advance notice to the Committees on Appropriations.

TITLE III

DEPARTMENT OF EDUCATION

Funding levels for programs within the Department of
Education, along with comparisons to last year's levels and
the budget request, are shown in a table at the end of this
division. Any allocations of funding beyond the level of
detail in that table are indicated below.

Education for the Disadvantaged

Title I Grants to Local Educational Agencies.--To meet the
educational needs of American Indian students, the Secretary
of Education is directed to ensure that Bureau of Indian
Education schools receive no less than 0.7 percent of the
Elementary and Secondary Education Act of 1965 (ESEA) Title I
grants pursuant to regular appropriations and will receive
this amount in relevant future emergency funding, consistent
with the standard practice prior to the American Recovery and
Reinvestment Act of 2009.
School Improvement Grants (SIG).--Many children in schools
receiving SIG funds face myriad personal, familial, and
community challenges (including exposure to trauma and
poverty-related stressors), and these challenges follow
students into their schools, often resulting in distracting,
disruptive, and ineffective learning environments. Even the
best school leaders and teachers cannot achieve optimal
results unless poverty-related barriers to teaching,
learning, and school organization are addressed and effective
conditions for learning are established. These barriers to
teaching and learning must be addressed in addition to in-
school factors in order to achieve sustained academic
success.
The Department is therefore directed to require that States
and local educational agencies that receive school
improvement funding use it to develop programs, policies, and
practices to improve student learning and increase academic
achievement. Specifically, in addition to addressing factors
such as the usage of time, instructional practices, and
professional development and supports, the Department is
directed to require that all recipients of school improvement
funds have a plan in place for addressing the academic and
non-academic needs of individual students, including
improving the overall school climate where necessary. At
minimum, such plans shall assess and address as appropriate
the development of school-based systems to identify and
address individual student academic, behavioral or social
needs; support a positive and developmentally appropriate
school climate; and identify how families and the community
will be engaged in the school turnaround process.
The Department also is directed to encourage grantees to
utilize external partners, where appropriate, with proven
expertise in turning around low-performing schools,
particularly in terms of establishing effective conditions
for teaching and learning.
The bill intends that the term ``low-performing feeder
middle school'' apply to an elementary or secondary school
that contains

[[Page 20708]]

not less than two or more successive grades beginning with
grade 5 and ending with grade 8 and for which a high
proportion of the students go on to attend a high school with
a graduation rate of less than 60 percent; and more than 50
percent of the students do not perform at a proficient level
on State student academic assessments required under section
111(b)(3) of the ESEA in mathematics or reading or language
arts.
Early Learning Challenge Fund.--Within the Early Learning
Challenge Fund, funds should be used to improve the quality
of early learning programs and services for disadvantaged
children from birth through the age of kindergarten entry. In
addition, any use of assessments should conform with the
recommendations of the National Research Council's reports on
early childhood.

School Improvement Programs

Funding is not included within the total provided for State
Assessments for a competitive grant program designed to
support State efforts to improve their assessment systems.
21st Century Community Learning Centers (CCLC).--The bill
includes language to expand program eligibility for subgrants
under the 21st CCLC program. An increase of
$135,000,000 is provided above the fiscal year 2010 level so
that funding can be provided for both after- school and
expanded-learning-time programs without causing students in
working families that benefit from currently operating
afterschool programs to lose critical afternoon enrichment
and supervision while their parents are at work.
State educational agencies shall require that existing
subgrantees seeking to substantially change activities
implemented using continuation funds from their multi-year
awards demonstrate how the needs of at-risk students most in
need of afterschool services who are no longer served under
such new activities will continue to have their needs met,
such as by phasing in the new services and making referrals
to other providers offering comparable services.
Local school districts and community partners are best
suited to determine the appropriate use of funds to address
the needs of their respective students, school and
community. To that end, State educational agencies
should award grants to high-quality programs that address
individual student learning needs and student well-being.
Funded programs should (1) deliver services through a variety
of high-quality and effective strategies for boosting
learning and enrichment including after-school, before
school, summer school, and extended day, week or year
opportunities; and (2) align with and complement, rather than
replicate, the regular school day, by offering a range of
activities that capture student interest and support student
engagement to promote higher class attendance, reduce risk
for retention or dropping out, and include activities that
promote good health.
The Department is directed to provide guidance and
technical assistance to States, schools and community
partners on how to ensure strong community-school
partnerships, continuous quality improvement and that
programs meet the needs of individual students.

Innovation and Improvement

Teacher Incentive Fund.--With respect to 2010 awards under
the Teacher Incentive Fund, the Department is directed to
report to the Committees on Appropriations the information
provided by grantees related to the process and data used to
demonstrate the extent of teacher and school leader support
and involvement in the performance-based compensation system;
the process by which the Department will monitor and assess
planning grantee activities related to the support and
involvement of teachers and school leaders in the
performance-based compensation system; and the actions the
Department will take if planning grantees do not achieve
adequate involvement and support of teachers and school
leaders in such systems. The Committees also expect to be
informed of how this information will be used in structuring
the fiscal year 2011 grant application and evaluating
applications submitted under the competition. This report
should be provided not later than 60 days after enactment of
this Act.
Fund for the Improvement of Education (FIE).--Within the
total for FIE, the bill includes funding for the following
activities:

Within the $40,274,000 provided for Arts in Education, the
funds shall be distributed as follows: $9,235,000 funding for
VSA; $6,838,000 for the John F. Kennedy Center for the
Performing Arts; $14,616,000 for model arts programs;
$9,000,000 for model professional development programs for
music, drama, dance and visual arts educators; and $585,000
for evaluation and national dissemination activities.
The bill includes funding for the following projects in the
following amounts:

[[Page 20709]]

[[Page 20710]]

[[Page 20711]]

[[Page 20712]]

[[Page 20713]]

[[Page 20714]]

[[Page 20715]]

[[Page 20716]]

[[Page 20717]]

Safe Schools And Citizenship Education

National Activities.--The bill includes funding for the
following activities:

Physical Education Program.--For the Carol M. White
Physical Education Program, the Department shall provide a
report to the Committees on Appropriations on the capacity of
the Department to: (1) capture and make available information
to potential grantees on best practices in physical education
instruction that have been identified by previous grant
activities, including specifically those related to physical
education programs for students with disabilities; and (2)
conduct outreach efforts on the availability of physical
education funding for low-income and disadvantaged
communities.
School Counseling.--In an effort to better leverage the
federal investment in school counselors and to aid in the
improvement of school mental health, the Department is
directed to require that program applicants for School
Counseling grants describe a plan that proposes to address
the significant levels of risk and need in high-need schools
in an integrated manner. This must include the creation of
schoolwide systems to respond to at-risk students' emotional
and behavioral issues, the integration of vital community
services, and the enhancement of staff skills throughout the
building. Grantees should be expected to demonstrate that
program funds will support the coordination of services with
local mental health providers; provide training for non-
mental health staff on warning signs for at-risk students;
enhance schoolwide social and emotional learning; and develop
school-based triage teams designed to support student needs.
The Department is also directed to provide a briefing to the
Committees on Appropriations on the planned use of funds for
this purpose not less than 30 days prior to the release of a
request for proposals.
Civic Education.--Within the $46,500,000 provided for the
Civic Education program, the bill provides $19,617,000 for
the We the People programs, including $2,957,000 to continue
the cooperative project involving the Center for Civic
Education and other organizations related to knowledge,
understanding, and support of American democratic
institutions; $2,000,000 for the iCivics initiative,
$13,383,000 for the Cooperative Education Exchange program,
and $11,500,000 for competitive grants.
School Culture and Climate.--Funds available for this
initiative may be used for character education as part of
integrated activities designed to improve conditions for
learning that will help schools improve safety, school
culture and climate; reduce substance use; and enhance
student physical and mental well-being.

Special Education

Within the amount for Technology and Media Services,
$737,000 is available for the Reading Rockets program,
administered by the Greater Washington Educational Television
Association. Also within this amount, the bill specifies
$13,250,000 for Recordings for the Blind and Dyslexic, Inc.,
for continued production and circulation of recorded
educational materials, and development and implementation of
new technologies.
Within the amount for Parent Information Centers, the
additional funds provided should be used to support the work
of all centers, balanced by the importance of targeting
additional resources to centers that are serving areas with
growing populations.

Rehabilitation Services and Disability Research

Demonstration and Training Programs.--The bill includes
funding for the following projects in the following amounts:

[[Page 20718]]

[[Page 20719]]

Workforce Innovation Funds.--The bill includes $27,000,000
to fund competitive grants for workforce innovation
activities. Grant activities should test innovative
strategies or replicate proven practices that support reforms
of the workforce investment system and substantially improve
employment and education outcomes for participants,
particularly those who are hardest to serve. With respect to
grantee eligibility and priority for selecting grant
applicants, the Department should follow guidance contained
in Senate Report 111-243.

Career, Technical, and Adult Education

Adult Education.--Within the amount in National Leadership
Activities, the bill includes $25,000,000 to fund competitive
grants for workforce innovation activities. Grant activities
should test innovative strategies or replicate proven
practices that support reforms of the workforce investment
system and substantially improve employment and education
outcomes for participants, particularly those who are hardest
to serve. With respect to grantee eligibility and priority
for selecting grant applicants, the Department should follow
guidance contained in Senate Report 111-243.

Student Financial Assistance

Work Study.--The Department shall provide the same funding
in fiscal year 2011 as in the prior year for the Work
Colleges program authorized under section 448 of the Higher
Education Act from the Federal Work-Study Programs
appropriation.

Student Aid Administration

The Department shall provide a report to the Committees on
Appropriations by March 1, 2011, and biannual reports
thereafter, detailing Federal Student Aid's obligation plan,
by quarter, for spending mandatory and discretionary funding.
This plan should be broken out by servicer, activity and
funding source.

Higher Education

Fund for the Improvement of Postsecondary Education
(FIPSE).--Within the total for FIPSE, the bill includes
funding for the following activities:

The bill includes funding for the following projects in the
following amounts:

[[Page 20720]]

[[Page 20721]]

[[Page 20722]]

[[Page 20723]]

[[Page 20724]]

[[Page 20725]]

[[Page 20726]]

[[Page 20727]]

[[Page 20728]]

Institute of Education Sciences

Within the amount provided for Research, Development, and
Dissemination, the Department is directed to award $2,200,000
to the National Academy of Sciences for a study of teacher
evaluation methods. The study will address issues such as the
uses of student test scores, intended and unintended effects
of different evaluation methods, and uses of evaluation
results to inform personnel decisions. Such research is
needed to shed light on the scientific issues related to
different teacher evaluation techniques. The results of the
study will include findings and recommendations for
appropriate methods of evaluation that are consistent with
current research. The National Academy of Sciences shall
issue a preliminary letter report to Congress no later than 6
months after the start of the study in order to provide
guidance related to caveats and cautions that should be
considered with respect to immediate policy uses of teacher
evaluation techniques that are currently under consideration,
an interim report approximately 18 months after the start of
the study, and a final report to Congress no later than 30
months after the start of the study.
In addition, as stated in the Senate report, the Institute
of Education Sciences is directed to continue work on
research regarding teacher preparation and support a National
Research Center on the Gifted and Talented and research on
gifted and talented education.

Departmental Management

Within 30 days of enactment of this Act, the Secretary
shall provide a report to the Committees on Appropriations
detailing the Department and the office of Federal Student
Aid's (FSA) work in developing formats and content that
synthesize and capture loan level data available in the
Department's and FSA's systems: how the data identify
measurable trends at loan origination and in loan
performance, how FSA is sharing this information with all
stakeholders, and how it affects budgetary decisions.

Office for Civil Rights

Within the amount provided for the Office for Civil Rights,
the Department shall use no less than $200,000 and up to
$750,000 to continue the Educational Opportunity and Equity
Commission.

Office of the Inspector General

Funds available in Public Law 111-5 may be used for
oversight of the Education Jobs Fund.

General Provisions

Sections 301-306 are continuations of general provisions
included in the fiscal year 2010 version of this Act, except
that section 304 has been modified to require the Department
to explain the effects of transfers by program, project, and
activity.
Section 307 is a new provision establishing an Early
Learning Challenge Fund.
Section 308 is a new provision amending the Department of
Education Organization Act and the Carl D. Perkins Career and
Technical Education Act of 2006.
Section 309 is a new provision regarding Impact Aid.
Section 310 is a new provision regarding highly qualified
teachers.

TITLE IV

RELATED AGENCIES

Funding levels for Related Agencies receiving
appropriations in this Act, along with comparisons to last
year's levels and the budget request, are shown in the table
at the end of this division. Further details, as applicable,
are discussed below.

Corporation for National and Community Service

Funding levels for programs within the Corporation for
National and Community Service (Corporation), along with
comparisons to last year's levels and the budget request, are
shown in the table at the end of this division. Any
allocations of funding beyond the level of detail in that
table are indicated below.
Operating Expenses.--The Corporation is directed to
undertake a survey of the utilization of the newly
transferrable Segal Education Award for participants aged 55
and older and submit a report to the Committees on
Appropriations not later than April 1, 2011, on the results.
Sufficient funding is included to increase the hourly
stipends for Foster Grandparents and Senior Companion members
by 10 cents, for a total of $2.75 per hour.
Within the total for Learn and Serve America, the bill
provides $2,000,000 for the Summer of Service program to
allow an estimated 4,000 students to participate.
Within the total for Innovation, Assistance, and Other
Activities, the bill includes the following amounts:

Administrative Provisions.--
Sections 401-403 are continuations of general provisions
included in the fiscal year 2010 version of this Act.
Section 404 is a new provision requiring that the Summer of
Service program be administered as part of Learn and Serve
America's Innovative and Community-Based Programs without
decreasing the funding provided to States for K-12 student
programs.
Section 405 is a new provision specifying that the use of
national service education awards to attend certain
institutions or training establishments provided by the
Secretary of Veterans Affairs is limited to veterans.

Federal Mine Safety and Health Review Commission

For the Federal Mine Safety and Health Review Commission,
the bill provides a $1,600,000 increase above the budget
request to enable the Commission to begin reducing the
backlog of cases in the Office of Administrative Law Judges.
The Review Commission and the Department of Labor are
encouraged to place an increasing emphasis on contested
citations from mine operators with enough penalty citations
to qualify under the current pattern of violations sanction.

Institute of Museum and Library Services

Office of Museum and Library Services: Grants and
Administration.--Within the appropriation for the Institute
of Museum and Library Services (IMLS), the bill includes
funding for the following activities in the following
amounts:

The legislative language regarding eligibility of Indian
tribes for Library Services and Museum Services grants
defines an Indian tribe as any tribe, band or nation,
including Alaska native villages and regional corporations,
recognized by the Secretary of

[[Page 20729]]

Interior. IMLS should permit grant applications from American
Indian tribes and Alaska Native villages listed as entities
or sub-entities published in the most recent Federal Register
list of federally recognized tribes, pursuant to section 104
of Public Law 103-454.
The bill includes funding for the following projects in the
following amounts:

[[Page 20730]]

[[Page 20731]]

National Council on Disability

The National Council on Disability, in consultation with
representatives of the limb loss community and the
Transportation Security Administration, is directed to review
current policies for travelers, determine if it is
appropriate to design screening process changes, and report
on any proposed changes to the Committees on Appropriations
within 180 days of enactment of this Act.

National Health Care Workforce Commission

The bill includes $3,000,000 for a new National Health Care
Workforce Commission.

National Labor Relations Board

The National Labor Relations Board (NLRB) is directed to
submit a report to the Committees on Appropriations within 90
days of enactment of this Act addressing NLRB's plan and
progress towards reconsidering cases decided during the
period that NLRB had a two-member board.

National Mediation Board

For the National Mediation Board, the bill provides a
$1,200,000 increase above the budget request to enable the
Board to handle the current increase in caseload resulting
from the renegotiation of a number of collective bargaining
agreements and recent or proposed mergers.

Railroad Retirement Board

Funds from the Railroad Retirement Trust Fund shall not be
spent on any charges over and above the actual cost of
administering the trust fund, including commercial rental
rates.

Social Security Administration

Funding levels for programs within the Social Security
Administration (SSA), along with comparisons to last year's
levels and the budget request, are shown in the table at the
end of this division. Any allocations of funding beyond the
level of detail in that table are indicated below.
The bill includes $1,863,000 within Limitation on
Administration Expenses (LAE) to improve the SSA's
acquisition workforce capacity. SSA is directed to provide a
plan with milestones, performance measures, and estimated
funding levels to the Committees on Appropriations by April
1, 2011, on its base activities and specific activities
supported above the base due to this initiative.
In order to improve transparency and accountability of
unobligated balances of prior-year funds that remain
available only for IT and telecommunication initiatives, the
bill directs creation of a specific no-year Information
Technology and Telecommunications Investment Fund (ITTI Fund)
within the LAE account. SSA is directed to include
information in its annual budget request on the ITTI Fund,
including actual and planned balances, transfers, and
expenditures, as well as funds remaining unobligated in
prior-year expired accounts. The budget request should also
include consolidated information on actual and planned IT and
telecommunications investments, including actual and planned
uses of these funds and annually appropriated funds used for
the same purposes. The bill also rescinds $455,700,000 from
unobligated balances of prior year funds remaining available
for investments in IT and telecommunication activities
pursuant to special language that has been carried in annual
appropriations legislation for a number of years.
As processing time for initial disability claims continues
to increase, the Commissioner is requested to develop and
implement a plan to reduce processing times to below the
fiscal year 2007 level as an initial target, and to use
additional resources toward this goal in fiscal year 2011.
The Commissioner should report to the Committees on
Appropriations not later than 180 days after enactment of
this Act on the timeline, plan, and steps taken to move
toward this goal. The Commissioner is also urged to expedite
as much as possible the plan to reduce the current backlog of
disability hearings.
The Committees appreciate the Commissioner's decision to
delay the planned reinstatement of the reconsideration stage
of disability review in States where it has been eliminated
as SSA examines other activities to speed up final
determinations. SSA is directed to submit a report to the
Committees on Appropriations within 180 days of enactment of
this Act evaluating the reinstatement of the reconsideration
stage and other options. SSA is also requested to develop a
mechanism to track productivity at the program level (for
example DDS, ODAR, and SSA's Operations components including
field offices, Payment Service Centers, information
technology, and teleservice centers) and report this
information in the fiscal year 2012 request along with
related impact on program costs.
The bill includes up to $13,360,000 within the SSI program
to be used through an inter-agency agreement with the
Department of Labor (DOL) to develop an occupational
information network by extending DOL's Occupational
Information Network (O*NET)/SOC structure and content model
framework to meet SSA needs. While not as robust as required
by SSA, O*NET could be leveraged to support SSA's
requirements and reduce the overall cost of the project by
utilizing DOL's occupational information experts and building
on a product that is already developed. The inter-agency
agreement should build on pre-existing efforts of both
agencies, and address measurable goals, roles and
responsibilities, and budget. DOL should solicit input and
recommendations from SSA and outside experts, including
convening an expert advisory panel jointly selected by DOL
and SSA. The SSA and DOL are directed to submit a joint
report to the Committees on Appropriations, the House
Committee on Ways and Means, and the Senate Finance
Committee, with a timeline, major milestones, and projected
5-year costs of this project within 180 days of enactment of
this Act and annual progress reports thereafter. The initial
report should address plans for research and feasibility
testing.
The required operating plan and reprogramming rules in the
bill apply to SSA at the program, project, and activity level
for all funds provided. The Committees on Appropriations
should be notified in advance of any realignment of funds
within the specific activities identified on the Extramural
Research & Demonstration budget tables supplied for the
fiscal year 2011 House hearing record. The operating plan and
any reprogramming should include the prior year actual,
budget request level, current level (if applicable) and the
new operating plan level at this level of detail. In
addition, future budget requests and operating plans should
include funding levels in at least as much detail.

TITLE V

GENERAL PROVISIONS

Sections 501 through 523 are continuations of provisions
carried in substantially identical form in the fiscal year
2010 version of this Act.
As stated in the report of the House Committee on
Appropriations on the fiscal year 2010 Labor-HHS-Education
Appropriations Act, section 509 (which continues a provision
prohibiting use of funds for certain research involving human
embryos) should not be construed to limit Federal support for
research involving human embryonic stem cells carried out in
accordance with the policy outlined by the President.
Section 524 is a new provision, specifying that the policy
regarding public access to research results established for
the National Institutes of Health by section 217 of division
F of Public Law 111-8 shall apply to all Departments funded
in the bill having more than $100,000,000 in annual
expenditures for extramural research. This policy requires
funded researchers to submit to a designated online
depository an electronic version of their final peer-reviewed
manuscripts upon acceptance for publication, to be made
publicly available no later than 12 months after publication.
Section 525 is a technical correction related to a
provision of the Claims Resettlement Act.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each Senator, House Member,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House or Senate rules.

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DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division I,
which makes appropriations for the Legislative Branch for
fiscal year 2011. As provided in section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and the
implementation of this division as if it were a joint
explanatory statement of a committee of conference.

TITLE I

LEGISLATIVE BRANCH APPROPRIATIONS

SENATE

The bill provides $925,986,000 for Senate operations.
Inasmuch as these items relate solely to the Senate, and in
accordance with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention, the House has accepted the
proposal of the Senate.
The language and allocations related to the Senate
contained in Senate Report 111-294 should be complied with
unless specifically addressed to the contrary in the
explanatory statement.

HOUSE OF REPRESENTATIVES

The bill provides $1,371,172,000 for the operations and
maintenance of the House of Representatives (hereafter,
``House''). Inasmuch as these items relate solely to the
House, and in accordance with long practice under which each
body determines its own housekeeping requirements and the
other concurs without intervention, the Senate has accepted
the proposal of the House.

Members' Representational Allowances

The bill provides $652,000,000 for the representational
allowances of the Members of the House for staff salaries,
official expenses, and official mail (MRA). This amount is
$8,000,000 below the fiscal year 2010 level to reflect the
current spending patterns of Members, many of whom do not
expend their full authorized level. Based on actual spending
data, $652,000,000 is a sufficient level in which to support
the current individual authorization levels for Members,
established by the Committee on House Administration, which
totaled $671,742,822 at the beginning of the 2010 legislative
calendar year. It is the longstanding practice of the House
Committee on Appropriations to appropriate less than the
authorized level to account for projected savings by Members.
Furthermore, the bill continues longstanding language
returning excess MRA funds to the Treasury.

Salaries, Officers and Employees

The bill provides $193,011,000 for the salaries and
expenses of House officers and employees of the various
activities funded through this consolidated item, including
the House Sergeant at Arms (SAA), Clerk of the House, and
Chief Administrative Officer of the House (CAO).
Access to Buildings.--In the fiscal year 2010 House report,
the SAA was directed to report on the causes for delay in
accessing the House Office Buildings and the Capitol Building
through the Rayburn and Cannon tunnels. While the SAA's
report contained a proposed strategy to expedite lines, it is
either not being followed or the strategy does not work.
Complaints continue regarding the wait times for both
visitors and staff. Therefore the SAA and the Capitol Police
are directed to find a permanent solution to the problem and
present a detailed plan to the House Committee on
Appropriations by February 4, 2011 for all House side
entrances that reduces wait time for visitors to no longer
than 10 minutes during peak time.
Services for Members and Staff.--The CAO's office markedly
improved its services and outreach in the past few months
which has reduced the number of complaints regarding services
that are under the jurisdiction of the CAO. However,
challenges remain, specifically with regard to the Office of
Payroll and Benefits and Office of Financial Counseling. To
underscore the seriousness of providing basic services to the
House, and to ensure the CAO's office continues on its path
of improvements, the bill withholds $20,000,000 of the Office
of the CAO's appropriation from obligation until the CAO
presents a ``House Services Action Plan'' to the House
Committee on Appropriations and the Committee on House
Administration. The plan shall certify that: (1) regular
meetings are scheduled with major staff organizations, and
(2) a user satisfaction survey is implemented for the Office
of Payroll and Benefits and the Office of Financial
Counseling with plans to conduct the survey annually.
Food Prices.--The recent introduction of budget-friendly
meals in the House cafeterias, including the ``Heroes on the
Hill'' concept, has been encouraging. The CAO is directed to
continue to work with the food vendor to diversify food
choices and offer lower food prices.
U.S. Capitol Historical Society.--The U.S. Capitol
Historical Society is chartered by the Congress to educate
the public on the history and heritage of the U.S. Capitol
building, its institutions and the people who have served
therein. Its expertise will be needed as the Capitol
undergoes much needed preservation work over the next decade,
including work on the iconic Dome. The House Historian and
CAO, along with the Architect of the Capitol, are encouraged
to work with the Society in its effort to preserve and
catalog the history of the Capitol.
Web site security.--Recent cyber attacks on House websites,
the latest of which defaced the official Web sites of over 40
Members, highlighted vulnerabilities in the House's ability
to prevent cyber attacks. House leadership directed the CAO
to examine solutions for strengthening the security features
of Web sites, including those hosted by outside vendors. The
CAO shall submit the budget impact for any future cyber
security plans no later than 6 weeks after enactment of this
Act to the House Committee on Appropriations.
Diversity.--The recent House compensation study illustrates
ongoing challenges in creating a diverse workforce in the
House. Among respondents to the survey, 7.5 percent of Chiefs
of Staff identified as black not of Hispanic origin and 2.7
percent of Chiefs of Staff identified as Hispanic. By
comparison to the nation at large, based on the 2008 census
estimate, 12.8 percent of the U.S. population is black and
15.4 percent is Hispanic. The work to diversify the staff has
started in the House with the Speaker's announcement of a new
diversity initiative to be led by the Committee on House
Administration. The House is commended on starting the
process to build a workforce as diverse as the Nation that
the Congress serves.
Office of Congressional Ethics.--The bill provides
$2,020,000 for the Office of Congressional Ethics (OCE). The
bill does not provide $268,000 requested by OCE for lease
payments, but instead provides the funding in the Architect
of the Capitol's House Office Building account to make the
lease payments on OCE's behalf. Funding is also provided for
OCE to take over its web services payments from the House
CAO.
Energy Demonstration Projects.--The bill does not provide
funding for Energy Demonstration projects due to the slow
pace of implementing the program, but the House Committee on
Appropriations supports the program's goal to make the House
a leader in promoting cutting-edge energy technologies and
practices which save energy.

JOINT ITEMS

Joint Economic Committee

The bill provides $4,814,000 for the Joint Economic
Committee.

Joint Committee on Taxation

The bill provides $11,327,000 for the Joint Committee on
Taxation.

Office of the Attending Physician

The bill provides $3,407,000 for the Office of the
Attending Physician.

Office of Congressional Accessibility Services

Salaries and Expenses

The bill provides $1,377,000 for the operation of the
Office of Congressional Accessibility Services.

Administrative Provision

The bill includes a new provision regarding the student
loan program for the Office of Congressional Accessibility
Services.

CAPITOL POLICE

New Posts.--The Capitol Police (USCP) is directed to
provide a list of all new posts created in the past year, and
further directs USCP to notify the Committees on
Appropriations when new posts are created, including the
annualized cost of maintaining the new posts and how the
costs will be offset (such as elimination of lower priority
posts).
Capitol Police Board.--The Government Accountability Office
is directed to review the governance practices that the Board
has adopted and determine whether improvements or changes are
needed in the Board's mission, structure, functions, and
processes.
Senate Office Buildings Business Hours.--USCP testified at
a March 4th hearing that it conducted a study to identify
door closures during non-business hours that would lead to
significant savings in overtime. The Senate Committee on
Appropriations has yet to receive the results of this study.
The Chief of Police is directed to complete this study and
present the recommendations to the Senate Committee on
Appropriations within 60 days of enactment of this Act.

Salaries

The bill provides $279,224,000 for the salaries and
benefits for USCP. Using the latest salary estimates from
USCP, this level of funding is expected to support a staffing
level of 1,800 sworn officers and 393 civilian positions.
USCP shall prioritize hiring for the positions of Chief
Administrative Officer and Chief Financial Officer. In
addition, within the total provided for salaries, $29,195,000
is available for overtime.
Fiscal Mismanagement.--USCP underestimated its salaries
appropriation requirements in fiscal year 2010 and
subsequently requested to transfer approximately $5 million
from General Expenses to Salaries to cover the shortfall and
ensure no officers were furloughed. The Committees on
Appropriations approved the request which effectively
increased the police's salaries base by 2 percent in fiscal
year 2010. USCP's recent salary miscalculation is the latest
indication of an agency with poor financial controls. The
Chief of Police is directed to work with USCP's Inspector
General (IG) and the GAO to close longstanding open
recommendations on correcting these weaknesses in internal
controls. Previous IG and GAO reports have issued
recommendations to correct deficiencies, including in the
financial management systems that could have prevented this
recent problem. Most of these recommendations were never
implemented. The GAO and IG are working to analyze and group
previous open recommendations. Once that analysis is
complete, USCP is directed to develop and submit to the
Committees on Appropriations for approval, by January 28,
2011, a Corrective Action Plan (CAP) that details how the
agency will implement the results of the GAO and IG analysis
and identify any other actions the agency plans to take to
substantively improve its business practices. The GAO and IG
shall review the CAP after it is submitted to the Committees
and provide the Committees with an evaluation of the
sufficiency of the plan to put USCP on a path to correcting
long-standing deficiencies.
The IG is directed to audit the fiscal year 2012 Capitol
Police budget submission. The audit shall determine the
reasonableness of the budget for salaries and benefits and be
submitted to the Committees on Appropriations within 45 days
after the USCP budget is transmitted to Congress.

General Expenses

The bill provides $57,985,000 for all general expenses of
USCP. No funding is included for new project requests for
fiscal year 2011.

Administrative Provisions

The bill includes a longstanding administrative provision
and a new administrative provision related to the truck
interdiction program.

OFFICE OF COMPLIANCE

Salaries and Expenses

The bill provides $4,377,000 for the Office of Compliance
(OOC).
Payments from the Settlement Fund.--OOC is directed to
submit semi-annual reports on disbursements for awards and
settlements under subsection (a) of section 415 of the
Congressional Accountability Act of 1995. These reports
should include, by agency and for the preceding three year
period, the annual average number of settlements and the
annual average dollar amount disbursed.

CONGRESSIONAL BUDGET OFFICE

Salaries and Expenses

The bill provides $46,905,000 for the Congressional Budget
Office (CBO). The amount provided supports full-time
equivalents hired with 2009 supplemental funds.
Diversity Initiatives.--CBO is uniquely positioned to
introduce women and minorities to the field of economics as
well as to the legislative branch of government. CBO is
encouraged to utilize its unique position to not only recruit
a diverse workforce, but to also build a workforce by working
with younger students to expose them to the field of
economics.

ARCHITECT OF THE CAPITOL

The bill includes $581,665,000 for the Architect of the
Capitol. In addition to the amounts provided in this bill,
the Committees on Appropriations have approved AOC's requests
to transfer and reprogram $23,614,625 in prior year balances.
AOC has applied these balances to 15 construction projects
which it originally requested in its 2011 budget submission.
Capital Construction in Support of Client Agency
Missions.--For fiscal year 2012 and beyond, client agencies
of the AOC are directed to include detailed justifications of
each capital improvement or capital construction project
being requested on their behalf by AOC and include proposed
cuts within their own agency budget to offset the costs of
such projects.
Recycling.--Efforts by AOC and the Capitol Police to
implement outdoor recycling programs, while maintaining
security of the complex, are encouraging. Expanding these
efforts will further reduce solid waste. AOC and the Capitol
Police are directed to collaborate on installing additional
recycling receptacles next to existing garbage receptacles in
high-traffic areas across the Capitol complex.
Recharging Stations.--AOC is directed to study the
feasibility and costs of providing access to recharging
stations for electric powered vehicles. The study shall
include an examination of a fee for service model and the
potential role for private vendors in financing and
administering such a program. The report shall be provided to
the Committees on Appropriations no later than 3 months after
enactment of this Act.

General Administration

The bill provides $109,294,000 for personnel services,
equipment, communications, additional office lease payments,
and other central support activities of AOC. This amount
supports an operating budget of $101,795,000. The following
table displays the project budget detail.

Item Amount Provided
Energy Savings Performance Contracts Management Program......$3,500,000
Energy Reduction Program......................................3,500,000
Conservation of Fine Architectural Art..........................499,000
________________

Total....................................................$7,499,000
Energy Savings Performance Contracts (ESPCs).-- AOC is
implementing a variety of procedures and facilities
improvements to meet ambitious energy conservation goals,
including those mandated by the Energy Independence and
Security Act of 2007. ESPCs, a Federal government-wide
contract mechanism used to finance energy reduction projects,
are a key component of AOC's strategy. In past years, AOC has
been directed to use ESPCs to achieve energy efficiency.
Since that time, an Inspector General review has found that
private financing expenses have increased the cost of one
ESPC by 60 percent above the cost of identical work if
financed by direct appropriations. Prior to entering into any
future ESPCs, AOC is directed to submit a cost comparison to
the Committees on Appropriations of alternative financing
options, including direct appropriation of all or part of the
project cost.

Capitol Building

The bill provides $52,916,000 for the operation,
maintenance, and care of the Capitol building. This amount
supports an operating budget of $27,390,000. The following
table displays the project budget detail.

Item Amount Provided
Dome Rehabilitation--Phase 1C of II (Skirt Rehabilitation)..$19,999,000
Compartment Barriers & Horizontal Exits, Phase I of II........2,027,000
Minor Construction............................................3,500,000
________________

Total...................................................$25,526,000

Capitol Grounds

The bill provides $9,988,000 for the care and improvement
of the grounds surrounding the Capitol, the Senate and House
office buildings, and the Capitol Power Plant.

Senate Office Buildings

The bill provides $81,112,000 for the maintenance of the
Senate office buildings. This amount supports an operating
budget of $61,638,000. The following table displays the
project budget detail.

Item Amount Provided
Replace Modular Furniture, HSOB..............................$3,500,000
Infrastructure Improvements, Phase 2 of 3, DSOB (Center Wing).9,974,000
Minor Construction............................................6,000,000
________________

Total...................................................$19,474,000

House Office Buildings

The bill provides $115,619,000 for the operation,
maintenance, and care of the House office buildings,
including $40,000,000 for the House Historic Buildings
Revitalization Trust Fund.
The bill supports an operating budget of $50,296,000. The
operations level includes $268,000 for the lease of space
occupied by the Office of Congressional Ethics. The following
table displays the project budget detail.

Item Amount Provided
CAO Project Support..........................................$4,390,000
Garage Concrete Replacement Design, RHOB......................1,059,000
Building Automation System Upgrade, HOB.......................1,096,000
480 V Switchgear & Transformer Replacement, Phase II of IV, RH4,340,000
Fall Protection, FHOB & LHOB..................................5,209,000
Energy Audit Implementation, HOB................................989,000
Minor Construction............................................8,240,000
________________

Total...................................................$25,323,000

Cannon Building Renewal.--The Government Accountability
Office (GAO) has testified that AOC is taking a reasonable
approach to project planning for the renewal of the historic
Cannon House Office Building. AOC is urged to incorporate a
full review of long-term facilities needs of the House into
these early planning phases to avoid costly design changes
after construction has begun. In addition, GAO shall continue
to monitor the progress and schedule of the project and to
inform AOC and the House Committee on Appropriations as
issues arise. The Cannon project presents an opportunity to
modernize emergency evacuation systems. AOC is directed to
consult with the House Sergeant at Arms to incorporate any
improvements to emergency evacuation systems during the
planning and design phases of Cannon and other House office
building capital renewal projects.

Capitol Power Plant

The bill provides $109,069,000 for the Capitol Power Plant
supplemented by offsetting collections of $8,000,000. This
amount supports an appropriated operating budget of
$93,969,000. The following table displays the project budget
detail.

Item Amount Provided
Tunnel Program...............................................$6,950,000
Utility Metering..............................................1,200,000
Fall Protection...............................................2,950,000
Minor Construction............................................4,000,000
________________

Total...................................................$15,100,000
Power Plant Fuel Mix.--The Power Plant's conversion to
using natural gas as a primary fuel source has led to
reductions in emissions of criteria pollutants. AOC is
directed to continue to use natural gas to the maximum extent
feasible without disruptions in operations.

Library Buildings and Grounds

The bill recommends $40,796,000 for the care and
maintenance of the Library buildings and grounds. This amount
supports an operating budget of $26,939,000. The following
table displays the project budget detail.

Item Amount Provided
North Exit Stair B, TJB......................................$5,350,000
Emergency Lighting System Upgrade, JMMB & SSFC................4,794,000
ABA Space Reorganization, Phase II of III, JMMB...............1,713,000
Minor Construction............................................2,000,000
________________

Total...................................................$13,857,000

Capitol Police Buildings, Grounds and Security

The bill provides $26,266,000 for Capitol Police buildings,
grounds, and security. This amount supports an operating
budget of $19,830,000, including funds for grounds
maintenance of the 12 acres of land conveyed from the
District of Columbia under Public Law 109-396. As Public Law
109-396 did not mandate a specific use for the property, AOC
shall consult with the Committees on Appropriations and the
relevant authorizing Committees before deciding on the use of
the land. The following table displays the project budget
detail.

Item Amount Provided
Fall Protection, CPBG&S......................................$1,024,000
Energy Audit Implementation...................................2,912,000
Minor Construction............................................2,500,000
________________

Total....................................................$6,436,000

Botanic Garden

The bill provides $13,834,000 for salaries and expenses of
the Botanic Garden (BG). This amount supports an operating
budget of $12,329,000. The following table displays the
project budget detail.

Item Amount Provided
Bartholdi Park Restoration Phase IV..........................$1,209,000
Fall Protection.................................................296,000
________________

Total....................................................$1,505,000

Education and Outreach.--The BG's education and outreach
programs have leveraged the organization's unparalleled
expertise to provide unique educational opportunities for at-
risk and other youth. The BG is urged to continue forming
partnerships with national and local organizations to advance
these educational goals. In addition, the BG is directed to
explore the feasibility of establishing a community garden
within the Capitol complex and to report to the Committees on
Appropriations within 3 months after enactment of this Act on
its findings.

Capitol Visitor Center

The bill provides $22,771,000 for the operation of the
Capitol Visitor Center (CVC). This operating budget includes
no funding for hiring an interpretive curator or a special
assistant to the Chief Executive Officer of visitor services.
Signage in the CVC.--AOC is urged to work expeditiously
toward the installation of permanent wayfinding signage and
to explore the use of additional maps in all areas of the
CVC.
Accessibility Shuttles.--Maintaining access for mobility-
impaired visitors is an essential responsibility of the
visitor services staff. Therefore, the bill funds the
operation of the six shuttles to transport such visitors
between the unloading location for buses and accessible CVC
entrances. AOC is directed to evaluate the performance of the
shuttles during periods of peak use and to submit a report to
the Committees on Appropriations within 3 months after
enactment of this Act. The report should include data on
traffic volume, a summary of any visitor or stakeholder
feedback, and an evaluation of the adequacy of current
shuttle capacity.
Assisted Listening Devices.--AOC should continue to work
aggressively to resolve performance issues with assisted
listening devices (ALDs) issued to CVC visitors, which have
experienced high rates of failure. AOC shall submit, with the
2012 budget submission, a report on the operational status of
the current inventory of ALDs. The report shall provide
details on the current performance of the ALDs and the
actions AOC has taken, or is pursuing, to address any
problems thereof. Furthermore, AOC should inform the
Committees on Appropriations of any new technologies it is
exploring and shall re-evaluate the practice of routinely
issuing ALDs to visitors who are not hearing impaired, which
contributes to their heavy use.

LIBRARY OF CONGRESS

Salaries and Expenses

The bill provides $436,995,000, plus authority to spend
$6,350,000 in receipts, for salaries and expenses of the
Library of Congress (LOC). This amount provides for 2,942
FTEs, which may be shifted among programs, projects, and
activities within this appropriation. Within the total
provided, no less than last year's levels are provided for
various programs, including $250,000 for the Civil Rights
Oral History Project, $2,571,000 for the Veterans Oral
History program, $6,677,000 for the National Digital
Information, Infrastructure and Preservation Program
(NDIIPP), $2,256,000 for the Global Legal Information Network
(GLIN), $7,315,000 for the digital collections and
educational curricula program and $150,000 to continue the
Archie Green fellowship program in the American Folklife
Center. LOC is directed to continue its ongoing work to
obtain copyright permission to bring the Franklin Collection
online in a digital format. The amount includes $10,000,000
to continue LOC's information technology upgrades. In
addition, as noted on page 38 of Senate Report 111-294, LOC
is directed to report to the Committee by June 1, 2011 on
progress made on the planning and development of the
``America Works'' digital oral history project.
Acquisitions Policies and Space Needs.--LOC and the
Architect of the Capitol are directed to collaborate on a
study to find lower cost alternatives to meeting LOC's long
term collection storage needs and to transmit a report to the
Committees on Appropriations within 6 months of enactment of
this Act. The study shall consider, in addition to
facilities-based solutions, the Library's acquisition
policies which are the driver for its space needs.

Salaries and Expenses

The bill contains $21,604,000, plus authority to spend
$34,390,000 in receipts, for the Copyright Office.
Copyright Backlog.--A recent LOC Inspector General (IG)
report highlighted positive developments pertaining to the
claims backlog since September 2009. According to the IG, the
number of claims in the backlog has consistently declined,
the productivity of registration specialists has
significantly increased, and the percentage of claims
submitted electronically has increased. The LOC must pursue
the goal to eliminate the copyright backlog.

CONGRESSIONAL RESEARCH SERVICE

Salaries and Expenses

The bill provides $114,341,000 for salaries and expenses of
the Congressional Research Service (CRS).
Telework.--The Legislative Branch Appropriations Act, 2010
conference report directed CRS to adopt and implement a
telework system to provide employees a flexible work
environment to help them manage the complex balance between
work and family obligations. CRS finally adopted a policy in
March 2010. To ensure that the policy meets the needs of
employees, CRS is directed to conduct a survey of employees
to evaluate how the implementation of the program is
progressing. CRS is directed to provide the results of the
evaluation to the Committees on Appropriations no later than
3 months after enactment of this Act.

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

Salaries and Expenses

The bill provides $70,500,000 for salaries and expenses of
the Books for the Blind and Physically Handicapped program.

Administrative Provisions

The bill includes longstanding administrative provisions
for LOC. In addition the bill includes new administrative
provisions related to workers compensation, gifts and
revolving funds, and surplus and obsolete property.

GOVERNMENT PRINTING OFFICE

OFFICE OF THE SUPERINTENDENT OF DOCUMENTS

Salaries and Expenses

The bill provides $42,682,000 for the salaries and expenses
of the Superintendent of Documents.
Coordination with Library of Congress (LOC) on Electronic
Databases.--Both the Government Printing Office (GPO) and the
LOC are pursuing large scale projects to digitize Federal
government documents and publications. GPO and LOC are
encouraged to collaborate closely and pursue any beneficial
formal agreements to avoid duplication of effort.

GOVERNMENT PRINTING OFFICE REVOLVING FUND

The bill provides $8,127,000 for the Government Printing
Office Revolving Fund.
Federal Digital System (FDsys).--In addition to
appropriated amounts for FDsys, GPO is directed to complete
Release 2 development requirements using up to $951,000 from
prior year balances transferred from the Office of the
Superintendent of Documents. GPO shall provide advance
notification to the Committees on Appropriations prior to
obligating these funds. It is expected that FDsys will have
complete core functionality upon the completion of Release 2
and will require no further appropriations for currently
planned development.
Equal Employment Opportunity (EEO) Complaints.--GPO has
taken steps to address discrimination and harassment through
training and outreach, which have correlated with a decrease
in EEO complaints in the first three quarters of fiscal year
2010 compared to the same period of fiscal year 2009. GPO
shall continue these efforts and explore additional
management actions to prevent and address discrimination and
harassment at all levels, both supervisory and non-
supervisory. GPO is directed to continue to submit quarterly
reports on actions taken to reduce the number of complaints.
These reports shall include a comparison of the number of
complaints outstanding at the time of the report compared to
the previous quarter and the same time period of the previous
two years, and should explain reasons for any increase or
reduction in complaints.
E-Passport Supply Chain Security.--The March 31, 2010,
report by GPO Office of the Inspector General noted a number
of potential vulnerabilities in supplier review processes and
contracting practices, especially with respect to significant
subcontractors. GPO management concurred with the report's
recommendations and has implemented or planned corrective
actions, including the hiring of a Director of Product
Security and initiation of a Vendor Security Audit Program.
GPO is directed to report quarterly to the Committees on
Appropriations on the status of remedial actions for each
recommendation, and to promptly notify the Committees of any
other studies, management reforms, and changes in procedures
with respect to supply chain security.

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

The bill provides $558,430,000 in direct appropriations for
the Government Accountability Office (GAO), plus $19,500,000
in offsetting collections derived from reimbursements for
conducting financial audits of government corporations and
rental of space in the GAO building.
Technology Assessments.--Within the amount provided,
$2,500,000 is for GAO to continue its work on technology
assessment studies. GAO has received funding from Congress
for this program for 3 years to aid the Congress's
understanding of complex legislative proposals and save
taxpayer dollars by preventing spending on ineffective
programs. While GAO has produced high quality analysis, it is
unclear what impact, if any, the analysis has had on the
formulation of policy in Congress. Funding technology
assessments at GAO may not be an adequate replacement for the
former Office of Technology Assessment (OTA), which was
uniquely positioned to analyze technological developments in
the public and private sector and harness outside expertise
in the form of advisory panels and peer review. Therefore,
within the total provided, GAO is directed to contract with
the National Academy of Sciences (NAS) for a study on the
structural needs and governance of a Congressional technology
assessment group that will provide Congress with
comprehensive and timely studies on scientific and technical
matters which can be widely disseminated to support the
legislative process. NAS shall look at all options for how to
structure this group as long as it is bicameral and
bipartisan in nature. NAS shall work with the Committees on
Appropriations, the Committee on Science and Technology of
the House and the Committee on Commerce, Science and
Transportation of the Senate in conducting its review and
provide a final report to these Committees after completion.
The review should be complete by August 2011.

OPEN WORLD LEADERSHIP CENTER TRUST FUND

The bill provides $12,000,000 for payment to the Open World
Leadership Center Trust Fund. Open World must find support
for its activities beyond annual appropriations given its
unique mission in comparison with other Legislative Branch
agencies that serve core legislative branch activities.
Therefore, the agency is directed to hire a full-time
development officer in order to fulfill its requirement to
increase its fundraising goals.

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

The bill provides $430,000 for the John C. Stennis Center.

TITLE II

GENERAL PROVISIONS

The bill includes longstanding provisions for the
legislative branch and a new general provision rescinding
$20,000,000 from the Architect of the Capitol.

Reprogramming Guidelines

For fiscal year 2011 a reprogramming shall include the
reallocation of funds from one program, project, or activity
(PPA) to another within any appropriation funded in this Act.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justification and any change to the organization table
presented in the budget justification, whether or not it
would require a change in funding.
Reprogrammings are required if an agency proposes to
reallocate amounts in excess of $500,000 or 10 percent,
whichever is less, between PPAs. In addition, reprogrammings
are required for actions below these thresholds, if the
action would have the effect of: committing the agency to
significant funding requirements in future years; increasing
funds or personnel for any PPA for which funds have been
previously denied or restricted by Congress; creating new
programs, offices, agencies or commissions or substantially
augmenting existing programs, offices, agencies or
commissions; significantly changing policy; or reorganizing
offices, programs, or activities. Each reprogramming should
be transmitted through a formal letter which should be signed
by the agency head. It should include a specific
justification for each increase as well as for each
offsetting reduction being proposed. The Committees on
Appropriations are to be notified 15 days prior to any
reprogramming. The House and Senate shall submit their
reprogrammings to their respective Committee on
Appropriations.
Multiple funding reprogramming requests suggest an agency's
inability to manage within appropriated funds and indicate
the need for change in the execution of the agency's budget.
Specific spending levels are detailed in the bill and this
accompanying explanatory report and agencies shall not use
the reprogramming process as a mechanism for making routine
changes to these directions. A reprogramming should be made
only when an unforeseen situation arises that could not have
been anticipated when formulating the budget request for the
current fiscal year. Reprogrammings should be used only in
the case of unanticipated needs or significant and unexpected
changes in program requirements.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Neither the bill nor the explanatory statement contains any
congressional earmarks or congressionally directed spending
items (as defined in clause 9 of rule XXI of the Rules of the
House of Representatives and rule XLIV of the Standing Rules
of the Senate, respectively). Neither the bill nor the
explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House
and Senate rules.

DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division J
which makes appropriations for Military Construction, the
Department of Veterans Affairs, and Related Agencies for
fiscal year 2011. As provided in Section 4 of the
consolidated bill, this explanatory statement shall have the
same effect with respect to the allocation of funds and the
implementation of this division as if it were a joint
explanatory statement of a committee of conference.
Matters Addressed by Only One Committee.--The language and
allocations set forth in House Report 111-559 and Senate
Report 111-226 should be complied with unless specifically
addressed to the contrary in this explanatory statement.
Report language included by the House, which is not changed
by the report of the Senate or this explanatory statement,
and Senate report language, which is not changed by this
explanatory statement, is approved by the Committees on
Appropriations of both Houses of Congress. This explanatory
statement, while repeating some report language for emphasis,
does not intend to negate the language referred to above
unless expressly provided herein. In cases where the House or
the Senate has directed the submission of a report, such
report is to be submitted to both Houses of Congress.

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

The bill appropriates $3,891,395,000 for Military
Construction, Army. Within this amount, the bill provides
$190,000,000 for Army trainee barracks. The bill also
provides $103,000,000 to construct an urgently needed new
water treatment and distribution system at Fort Irwin,
California. The cost of this project is offset by funds
available from bid savings on previously appropriated
projects.
The bill does not include $19,000,000 requested for a
commissary to serve the United States Southern Command
headquarters. An administrative provision is included in this
title ensuring that non-appropriated funds may be used for
construction of this project.
The bill includes a general reduction of $263,000,000 to
account for the carryover of unobligated balances resulting
from bid savings on projects appropriated in prior years.
The bill includes language prohibiting the obligation or
expenditure of funds on projects supporting new initiatives
in Germany until the Department of Defense completes an
evaluation of the North Atlantic Treaty Organization
Strategic Concept Review and an accompanying review of the
United States defense posture in Europe, a ``Front End
Assessment'' of the Department's global posture for fiscal
years 2012 to 2016, and the Secretary of Defense certifies to
the requirement for each Army military construction project
in Germany funded in this Act. In addition, the Department of
Defense is directed to provide to the congressional defense
committees, no later than March 15, 2011, a comprehensive
Army basing strategy for Europe based on the assessments
identified above, including a project-based cost estimate and
timeline to fully implement the strategy.
Of the funds provided for planning and design in this
account, not less than the specified amounts are to be made
available for the design of the following projects:
Alaska--Fort Richardson, Physical Fitness Center,
$2,700,000.
Georgia--Fort Benning, Chapel, Sand Hill, $550,000.
Hawaii--Pohakuloa Training Area, Defense Access Road,
$1,200,000.
Texas--Fort Bliss, Alternative Energy Projects, $1,166,000.
Texas--Fort Bliss, Rail Yard Improvements, $2,070,000.
Virginia--Fort Belvoir, Growth Support Infrastructure,
$3,060,000.
Of the funds provided for minor construction in this
account, not less than the specified amounts are to be made
available for construction of the following projects:
Alabama--Fort Rucker, Emergency Medical Services Facility,
$1,700,000.
Maryland--Fort Meade, Infrastructure--Mapes Road and Cooper
Avenue, $1,750,000.

Military Construction, Navy and Marine Corps

The bill appropriates $3,506,557,000 for Military
Construction, Navy and Marine Corps. The bill includes a
general reduction of $34,000,000 to account for the carryover
of unobligated balances resulting from bid savings on
projects appropriated in prior years.
Of the funds provided for planning and design in this
account, the Committee directs that not less than the
specified amounts be made available for the design of the
following projects:
Connecticut--New London NSB, Submarine Group Two
Headquarters, $550,000.
Indiana--Crane NSWC, Platform Protection Engineering
Complex, $760,000.
Of the funds provided for minor construction in this
account, not less than the specified amount is to be made
available for construction of the following project:
Nevada--NAS Fallon, Security Upgrades, $1,480,000.
Camp Lemonnier, Djibouti.--The Committees are concerned
that the limited amount of land available to the U.S.
military at Camp Lemonnier could negatively impact the
ability to accommodate the full mission and the projected
military population at the installation. The Committees are
further concerned that the Navy's current military
construction program for Camp Lemonnier amounts to an ad hoc
approach that does not adequately reflect priority
requirements for the optimal siting of facilities. The
Secretary of the Navy is therefore directed to provide to the
congressional defense committees, with the fiscal year 2012
budget submission, a comprehensive master plan for Camp
Lemonnier that provides a validated land requirement for the
installation sufficient to accommodate the facilities and
anticipated steady-state personnel requirements to accomplish
the missions of Africa Command (AFRICOM) and Joint Task
Force-Horn of Africa. The master plan shall incorporate an
integrated vulnerability assessment to ensure that necessary
anti-terrorism and force protection measures are being
implemented. The plan shall also include a list of projected
military construction projects, by fiscal year, for fiscal
years 2012-2016, with a focus on meeting the urgent
requirements of the installation, including utilities and
troop housing, in the near term. Further, AFRICOM and Navy
are urged to work closely with the Department of Defense, the
Department of State, and the Government of Djibouti to expand
the footprint of the installation to meet the requirements
noted above and to develop a long term access agreement.

Military Construction, Air Force

The bill appropriates $1,296,967,000 for Military
Construction, Air Force. The bill includes a general
reduction of $14,000,000 to account for the carryover of
unobligated balances resulting from bid savings on projects
appropriated in prior years.
Of the funds provided for planning and design in this
account, not less than the specified amounts are to be made
available for the design of the following projects:
Alabama--Maxwell AFB, Air Traffic Control Tower, $810,000.
California--Travis AFB, BCE Maintenance Shops and Supply
Warehouse, $387,000.
Florida--MacDill AFB, Infrastructure Improvements,
$249,000.
Idaho--Mountain Home AFB, Civil Engineer Complex,
$2,000,000.
Illinois--Scott AFB, New Fitness Facility, Phase 1,
$396,000.
North Dakota--Grand Forks AFB, Central Deployment Center,
$495,000.
Oklahoma--Altus AFB, Fire Station, $2,000,000.
Tennessee--Arnold AFB, Air Engineering Development Center
Power Distribution Modernization, $378,000.
Texas--Lackland AFB, Consolidated Security Forces
Operations Center, Phase 1, $900,000.
Of the funds provided for minor construction in this
account, not less than the specified amount is to be made
available for the following project:
Virginia--Langley AFB, Clear Zone Land Acquisition, Phase
1, $3,000,000.

Military Construction, Defense-Wide

(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

The bill appropriates $3,145,614,000 for Military
Construction, Defense-Wide, and rescinds $148,500,000 from
prior year appropriations as follows: $8,000,000 from fiscal
year 2009 National Security Agency funds, $15,000,000 from
fiscal year 2009 Tricare Management Activity funds,
$37,500,000 from fiscal year 2010 National Security Agency
funds, $51,000,000 from fiscal year 2010 Tricare Management
Activity funds, $7,000,000 from fiscal year 2010 Defense
Logistics Agency funds, and $30,000,000 from fiscal year 2010
Special Operations Command funds. All such rescissions are
from unobligated balances associated with bid savings on
previously appropriated projects.
Within the amount appropriated, the bill provides
$253,450,000 for the Energy Conservation Investment Program,
including $10,000,000 for planning and design. This amount is
$133,450,000 above the budget request, reflecting the
priority the Committees place on promoting energy security,
efficiency, and sustainability on military installations. The
Secretary of Defense is directed to provide an expenditure
plan to the Committees for the additional ECIP funds included
in this bill, in accordance with the guidance provided in
Senate Report 111-226 and House Report 111-559, not later
than 45 days after the enactment of this Act.
Of the funds provided for planning and design in this
account, not less than the specified amounts are to be made
available for the design of the following projects:
Mississippi--Gulfport, Health Clinic Replacement,
$2,700,000.
Oklahoma--Tulsa IAP, Fuels Storage Complex, $1,036,000.

Military Construction, Army National Guard

The bill appropriates $1,125,628,000 for Military
Construction, Army National Guard. Within this amount, the
bill provides $60,000,000 for critical unfunded requirements.
Of the funds provided for planning and design in this
account, not less than the specified amounts are be made
available for the design of the following projects:
Arkansas--Camp Robinson, Regional Training Institute, Phase
2, $2,334,000.
Iowa--Camp Dodge, Regional Training Institute, Phase 1,
$800,000.
Kentucky--Frankfort, Joint Forces Headquarters, Phase 1,
$281,000.
Maryland--Easton, Readiness Center Addition/Alteration,
$347,000.
Michigan--Fort Custer (Augusta), Troop Service Support
Center, $446,000.
Minnesota--Mankato, Field Maintenance Shop, $947,000.
Nebraska--Omaha, Road Infrastructure, Joint Forces
Headquarters, $450,000.
North Carolina--Camp Butner, Barracks (AT), Phase 1,
$1,484,000.
North Carolina--Murphy, Fire Fighting Team Support
Facility, $223,000.
Oregon--Salem, Armed Forces Reserve Center Addition/
Alteration (JFHQ), $1,243,000.
Pennsylvania--Hermitage, Readiness Center, $671,000.
Pennsylvania--Tobyhanna, Armed Forces Reserve Center,
$1,513,000.
Pennsylvania--Williamsport, Field Maintenance Shop,
$1,508,000.
Rhode Island--Middletown, Armory Addition, $302,000.
Rhode Island--Quonset Point, Readiness Center, $3,729,000.
South Dakota--Sioux Falls, Firing Range and Support
Facilities, $151,000.
Texas--Laredo, Receiving, Staging, and Onward Integration
Facility/Hangar, $475,000.
Texas--McLennan County, Operational Reserve Headquarters,
$5,000,000.
Texas--South Texas Training Center, Cantonment and Support
Infrastructure, $5,000,000.
West Virginia--Bridgeport, Fixed Wing Army Aviation
Training Site (FWAATS) Expansion, $2,000,000.
West Virginia--Buckhannon, Field Maintenance Shop,
$1,500,000.
West Virginia--Morgantown, Parachute Rigging Facility,
$1,000,000.
Guam--Barrigada, Joint Forces Headquarters Readiness Center
Addition/Alteration, $778,000.
Of the funds provided for minor construction in this
account, not less than the specified amounts are to be made
available for construction of the following projects:
California--Banning RC, Photovoltaic Solar Power System,
$1,466,000.
California--Los Alamitos AFRC, Photovoltaic Solar Power
System, $1,466,000.
California--Mather AASF, Photovoltaic Solar Power System,
$1,466,000.
California--Sacramento, Field Maintenance Shop Paving,
$891,000.
California--Ventura, Photovoltaic Solar Power System,
$1,466,000.
Iowa--Iowa City, Simulation Center/MVSB/Helipad/Parking,
$1,999,000.
Massachusetts--Chicopee Armory, Renovation and Alteration,
$1,554,000.
Minnesota--Bloomington, Add/Alter Armory, $1,986,000.
Nevada--Nellis Air Force Base, Range Modernization,
$2,000,000.
Ohio--Ravenna Training Site, Unit Training Equipment Site
Addition/Alteration, $2,000,000.
Washington--Fort Lewis, Modification of Army Aviation
Support Facility, $473,000.
West Virginia--Bridgeport, Fixed Wing Army Aviation
Training Site (FWAATS) Apron Expansion, $2,000,000.
West Virginia--Camp Dawson, JITEC Emergency Power Generator
and Supporting Facilities, $1,999,000.
West Virginia--Camp Dawson, Mail/ID Center, $1,999,000.
West Virginia--Camp Dawson, Utility Upgrade, $1,980,000.
West Virginia--Eleanor ARNG Complex, Emergency Generator
and Supporting Facilities, $2,000,000.
West Virginia--Glen Jean, Emergency Power Generator,
$1,500,000.

Military Construction, Air National Guard

The bill appropriates $441,549,000 for Military
Construction, Air National Guard. Within this amount, the
bill provides $50,000,000 for critical unfunded requirements.
Of the funds provided for planning and design in this
account, not less than the specified amounts are to be made
available for the design of the following projects:
Kentucky--Standiford Field, Contingency Response Group
Facility, $534,000.
Louisiana--New Orleans NAS/JRB, ASA Replace Alert Complex,
$2,000,000.
Pennsylvania--Fort Indiantown Gap, Multipurpose Air
National Guard Training Facility, $675,000.
South Dakota--Joe Foss Field, Aircraft Maintenance Shops,
$3,600,000.
Of the funds provided for minor construction in this
account, not less than the specified amounts are to be made
available for construction of the following projects:
California--Moffett Field, Relocate Main Gate, $2,000,000.
Iowa--Bud Day Field, Sioux City, Add/Alter Security Police
Facility, $1,950,000.
Minnesota--Minneapolis-St. Paul IAP, Simulation Facility
Expansion, $1,900,000.
Ohio--Blue Ash ANGS, Renovations for Building 2,
$2,000,000.

Military Construction, Army Reserve

The bill appropriates $388,064,000 for Military
Construction, Army Reserve. Within this amount, the bill
provides $30,000,000 for critical unfunded requirements.

Military Construction, Navy Reserve

The bill appropriates $91,557,000 for Military
Construction, Navy Reserve. Within this amount, the bill
provides $15,000,000 for the Navy Reserve and $15,000,000 for
the Marine Corps Reserve for critical unfunded requirements.

Military Construction, Air Force Reserve

The bill appropriates $48,182,000 for Military
Construction, Air Force Reserve. Within this amount, the bill
provides $30,000,000 for critical unfunded requirements.

North Atlantic Treaty Organization

Security Investment Program

The bill appropriates $258,884,000 for the North Atlantic
Treaty Organization Security Investment Program.

Family Housing

The bill appropriates funds for family housing accounts,
including the Homeowners Assistance Program, in amounts equal
to the President's request for all accounts. The specific
amounts for each account are contained in the tables
accompanying this statement.

Chemical Demilitarization Construction, Defense-Wide

The bill appropriates $124,971,000 for Chemical
Demilitarization Construction, Defense-Wide.

Department of Defense Base Closure Account 1990

The bill appropriates $450,474,000 for the Department of
Defense Base Closure Account 1990. Of the $90,000,000
provided above the President's request, $30,000,000 shall be
available to the Army and $60,000,000 to the Navy. The Army
and Navy are directed to submit expenditure plans for the
amounts provided above the President's request no later than
30 days following the enactment of this Act.

Department of Defense Base Closure Account 2005

(INCLUDING RESCISSION OF FUNDS)

The bill appropriates $2,354,285,000 for the Department of
Defense Base Closure Account 2005, and rescinds $200,000,000
from prior year unobligated balances due to bid savings on
military construction projects funded by the account.

Administrative Provisions

The bill includes section 101 prohibiting the use of funds
for payments under a cost-plus-a-fixed-fee contract for
construction where cost estimates exceed $25,000. An
exception for Alaska is provided.
The bill includes section 102 permitting the use of
construction funds for the hire of passenger motor vehicles.
The bill includes section 103 permitting funds to be
expended on the construction of defense access roads under
certain circumstances.
The bill includes section 104 prohibiting construction of
new bases in the United States without a specific
appropriation.
The bill includes section 105 limiting the use of funds for
the purchase of land or land easements that exceed 100
percent of value except under certain conditions.
The bill includes section 106 prohibiting the use of funds
to acquire land, prepare sites, or install utilities for
family housing except housing for which funds have been
appropriated.
The bill includes section 107 limiting the use of minor
construction funds to relocate any activity from one
installation to another without prior notification.
The bill includes section 108 prohibiting the procurement
of steel unless American producers, fabricators, and
manufacturers have been allowed to compete.
The bill includes section 109 prohibiting the use of funds
to pay real property taxes in foreign nations.
The bill includes section 110 prohibiting the use of funds
to initiate a new installation overseas without prior
notification.
The bill includes section 111 establishing a preference for
United States architectural and engineering services where
the services are in Japan, NATO member countries, or
countries bordering the Arabian Sea.
The bill includes section 112 establishing a preference for
United States contractors for military construction in the
United States territories and possessions in the Pacific and
on Kwajalein Atoll, or countries bordering the Arabian Sea,
except bids by Marshallese contractors for military
construction on Kwajalein Atoll.
The bill includes section 113 requiring the Secretary of
Defense to give prior notice to Congress of military
exercises where construction costs exceed $100,000.
The bill includes section 114 limiting obligations of funds
made available for one fiscal year to no more than 20 percent
during the last two months of the fiscal year.
The bill includes section 115 allowing funds appropriated
in prior years to be used for new projects authorized during
the current session of Congress.
The bill includes section 116 allowing the use of expired
or lapsed funds to pay the cost of supervision for any
project being completed with lapsed funds.
The bill includes section 117 providing that funds for
military construction projects are available until the end of
the fourth fiscal year following the fiscal year in which
funds are appropriated, subject to certain conditions.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 118 allowing for the transfer of
proceeds from ``Base Realignment and Closure Account, Part
I'' to the continuing Base Realignment and Closure accounts.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 119 allowing for the transfer of
funds from Family Housing Construction accounts to the
Department of Defense Family Housing Improvement Fund and
funds from Military Construction accounts to the Department
of Defense Military Unaccompanied Housing Improvement Fund.
The bill includes section 120 requiring the secretaries of
the military departments to notify Congressional Committees
sixty days prior to issuing a solicitation for a contract
with the private sector for military family housing.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 121 providing transfer authority
to the Homeowners Assistance Program.
The bill includes section 122 requiring that funds in this
title be the sole source of all operation and maintenance for
flag and general officer quarter houses, and limits the
repair on these quarters to $35,000 per year without
notification.
The bill includes section 123 making funds in the Ford
Island Improvement Fund available until expended.
The bill includes section 124 prohibiting the use of funds
for military construction, family housing, or land
acquisition projects at installations closed or realigned
under BRAC, except under certain conditions.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 125 allowing the transfer of
expired funds to the ``Foreign Currency Fluctuations,
Construction, Defense'' account.
The bill includes section 126 prohibiting the use of funds
for any action related to the expansion of the Pinon Canyon
Maneuver Site, Colorado.
The bill includes section 127 providing that funds from the
Commissary Surcharge Fund may be used to construct a
commissary at U.S. Southern Command Headquarters, Miami-Dade
County, Florida, in lieu of appropriated funds.
The bill includes section 128 allowing for the
reprogramming of construction funds among projects and
activities subject to certain guidelines.
The bill includes section 129 limiting the use of funds for
certain accounts to the projects and activities identified in
this statement and accompanying tables.
The bill includes section 130 authorizing the use of
previously appropriated funds for the construction of an
Aegis Ashore Test Facility at the Pacific Missile Range
Facility, Hawaii.
The bill includes section 131 limiting the number of
parking spaces that may be occupied at the BRAC office
complex in Alexandria, Virginia, until certain conditions are
met.
The bill includes section 132 authorizing the obligation
and expenditure of funds provided in this title for military
construction projects and activities not otherwise authorized
by law.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

compensation and pensions

(including transfer of funds)

The bill appropriates $53,978,000,000 for Compensation and
Pensions. Of the amount provided, not more than $30,423,000
is to be transferred to General Operating Expenses, Veterans
Benefits Administration (VBA); Medical Support and
Compliance; and Information Technology Systems for
reimbursement of necessary expenses in implementing
provisions of title 38.

readjustment benefits

The bill appropriates $10,396,106,000 for Readjustment
Benefits.

veterans insurance and indemnities

The bill appropriates $77,589,000 for Veterans Insurance
and Indemnities.

veterans housing benefit program fund

The bill appropriates such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The bill limits
obligations for direct loans to not more than $500,000 and
provides that $163,646,000 shall be available for
administrative expenses.

vocational rehabilitation loans program account

The bill appropriates $48,000 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account,
plus $337,000, which may be paid to General Operating
Expenses, VBA. The bill provides for a direct loan limitation
of $3,042,000.

native american veteran housing loan program account

The bill appropriates $707,000 for administrative expenses
of the Native American Veteran Housing Loan Program Account.

Veterans Health Administration

Advance Appropriations.--The bill includes an advance
appropriation for the Medical Services, Medical Support and
Compliance, and Medical Facilities accounts. The Department
is directed to include in future budget submissions the
budget plan for the advance appropriation provided in the
previous year, including the amount of funding that will be
allocated in accordance with the Veterans Equitable Resource
Allocation (VERA) model. The Department is expected to make
the advance appropriation available to the Veterans
Integrated Service Networks on October 1, 2011. The
Department is expected to identify the current services level
for the advance appropriation request for the Medical
Services, Medical Support and Compliance, and Medical
Facilities accounts in future budget submissions.
Electronic Health Record Systems Modernization.--The
Department of Veterans Affairs, in coordination with the
Department of Defense, is directed to follow the electronic
health record system modernization requirement in Senate
Report 111-295.

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

The bill appropriates $39,649,985,000 for Medical Services
for fiscal year 2012, to become available on October 1, 2011,
and remain available until September 30, 2012. In
administrative provision section 232, the bill also
appropriates $74,776,000 for Medical Services for fiscal year
2011.
Caregiver support.--The bill includes $64,776,000 in fiscal
year 2011 funding, in addition to $35,424,000 included in the
base estimate, for activities authorized in the Caregivers
and Veterans Omnibus Health Services Act of 2010. Within this
total, $46,500,000 is provided for caregiver support;
$17,700,000 is provided for provisions relating to women
veteran healthcare; $15,000,000 is provided for a program on
readjustment and mental health services for veterans who have
served in Operation Enduring Freedom or Operation Iraqi
Freedom; $3,000,000 for grants to Veteran Service
Organizations to transport veterans in highly rural areas to
VA medical centers; and $18,000,000 for specialized
residential care and rehabilitation for certain veterans with
a traumatic brain injury. Funding provided for readjustment
and mental health services should be focused particularly on
suicide prevention outreach and counseling for veterans in
the National Guard and the Reserves. With the traumatic brain
injury residential care and rehabilitation funding, the
Department should consider developing programs such as those
at the Tampa, Florida, Polytrauma Center. The Department is
directed to include the budget resources necessary for
caregiver support programs in fiscal year 2012 in that fiscal
year budget request.
Vet centers.--As directed in the Senate report, the bill
includes an increase of $10,000,000 to establish new vet
centers across the country. Within these funds, the
Department is directed to work with American Indian, Alaska
Native, and Native Hawaiian organizations to open additional
vet centers in Native communities.
Guide and service dogs.--The Department is directed to
fully and rapidly implement section 1714 of title 38, United
States Code, regarding the provision of guide dogs and
service dogs to qualified veterans, as well as to continue
assisting those veterans with mental illnesses who would
benefit from having a service dog. The Department is directed
to report to the Committees on Appropriations of both Houses
of Congress (``Committees'') by February 25, 2011 on the
status of implementing section 1714 of title 38.
PTSD national center.--The Department is directed to submit
a report to the Committees detailing the resources provided
to the National Center for Post Traumatic Stress Disorder.

MEDICAL SUPPORT AND COMPLIANCE

The bill appropriates $5,535,000,000 for Medical Support
and Compliance for fiscal year 2012, to become available on
October 1, 2011, and remain available until September 30,
2012.

MEDICAL FACILITIES

The bill appropriates $5,426,000,000 for Medical Facilities
for fiscal year 2012, to become available on October 1, 2011,
and remain available until September 30, 2012. The bill
specifies that $130,000,000 for non-recurring maintenance
shall be allocated in a manner not subject to the VERA model.
In administrative provision section 233, the bill also
appropriates $35,000,000 for Medical Facilities for fiscal
year 2011. Within this amount, the bill includes an
additional $20,000,000 for the Department to open new
community-based outpatient clinics (CBOCs), including
$10,000,000 for CBOCs in rural areas. The Department is
directed to provide to the Committees a detailed expenditure
plan for this funding no later than March 1, 2011. The plan
should also include a list of all current CBOCs, regardless
of size or contractual arrangements. The remaining
$15,000,000 of additional fiscal year 2011 funding is to be
used for planning and developing leased health care center
facilities.

MEDICAL AND PROSTHETIC RESEARCH

The bill appropriates $590,000,000 for Medical and
Prosthetic Research, to remain available until September 30,
2012.
Vietnam veterans studies.--The Department is directed to
proceed as quickly as possible with the long-delayed Vietnam
veterans longitudinal study, as directed in the House and
Senate reports. In addition, the Secretary is urged to
conduct epidemiological studies from existing VA medical
data, as directed in the House report, and submit those
studies to peer reviewed scientific publications.
Research facility infrastructure report.--The Department is
directed to submit the research infrastructure review
originally requested by the Committees in 2005 by January 1,
2011.
Burn pits.--There is an increase in respiratory conditions
such as atypical pneumonias, asthma and bronchiolitis among
military personnel who were exposed to burn pits, increased
particulate matter and other potential hazards while serving
in Iraq, Kuwait, and Afghanistan. The Department is
encouraged to develop a national registry of all exposed
personnel, to establish a joint research program with the
Department of Defense to fund research to better describe and
understand these lung conditions, and to develop effective
prevention, detection and treatment strategies for them.

National Cemetery Administration

The bill appropriates $259,004,000 for the National
Cemetery Administration. Of the amount provided, $24,200,000
is available until September 30, 2012.
The bill includes an increase for the National Shrine
Commitment Program and to correct gravesite deficiencies to
include gravesite renovation projects to replace turf, repair
sunken graves, and raise, realign and clean headstones.

General Operating Expenses

The Administration's budget request proposes that funding
for the administrative expenses associated with the VBA and
all Department-wide offices be included within one single
appropriation account. The bill has included funding for
these functions in two separate accounts: General Operating
Expenses, VBA and General Administration. The differences in
the mission and purpose of the Department's executive offices
and the VBA justify providing funding in two separate
accounts. Further, separating these two broad categories will
provide the Congress with greater visibility of budgetary
resources and oversight of expenditures for these two vital
missions.

Departmental Administration

GENERAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The bill appropriates $466,497,000 for General
Administration, of which not to exceed $22,000,000 is
available until September 30, 2012, and of which $23,584,000
is set aside to increase the VA acquisition workforce
capacity. Acquisition funds are available only to supplement,
not supplant, existing acquisition workforce activities.
Funding is available for training, recruiting, retaining, and
hiring additional members of the acquisition workforce as
defined by the Office of Federal Procurement Policy Act.
The bill also provides transfer authority from General
Administration to General Operating Expenses, VBA.
Of the $466,497,000 provided for General Administration,
$11,808,000 is for the Office of the Secretary; $75,198,000
is for the Board of Veterans Appeals; $91,049,000 is for the
Office of the General Counsel; $50,357,000 is for the Office
of Management; $76,177,000 is for the Office of Human
Resources; $28,783,000 is for the Office of Policy and
Planning; $22,091,000 is for the Office of Operations
Security and Preparedness; $24,205,000 is for the Office of
Public and Intergovernmental Affairs; $7,247,000 is for the
Office of Congressional and Legislative Affairs; and,
$79,582,000 is for the Office of Acquisition, Logistics and
Construction.
The Department is directed to submit the planned and actual
expenditures of each General Administration office, as well
as the FTE levels for each, in the quarterly report submitted
to the Committees.
The Department is directed to provide $10,000,000 for the
adaptive sports grant program under section 521A of title 38,
United States Code and section 322 of title 38, United States
Code.
The Department is directed within 30 days of enactment of
this Act to provide to the Committees a detailed listing of
activities that the VA does not plan to fund through the
general purpose VERA allocation. In addition, the Department
is directed to include in the quarterly status reports
required by Section 219 of this Act both quarterly and
cumulative information on the funding allocated from the
National Reserve Fund for emerging program requirements and
innovations, detailing the specific programmatic activities
supported.
The Department is instructed to include in future
congressional budget justifications the additional material
requested in the House report, with the modification of
listing only those programs that are unauthorized, not those
with current authorizations.
The bill includes an additional $1,800,000 for the Office
of Management to establish a second fee care audit team,
modeled on the VA's existing team of permanent VA employees,
in order to increase the number of comprehensive audits of
fee care offices.
The bill includes an additional $1,000,000 for the
Department to award a contract or grant to a Congressionally-
chartered, non-partisan organization to conduct a study on
improvements to management structures within VHA's Fee Care
Program. The study should include the following: the
feasibility and advisability of consolidating fee offices;
the administrative cost savings, if any, that would be
realized if such a consolidation occurred; and whether such
consolidation would allow for more stringent management
controls in order to reduce improper payments within the Fee
Care Program.

GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION

The bill appropriates $2,162,776,000 for General Operating
Expenses, VBA. Of the amount provided, $108,000,000 is
available for obligation until September 30, 2012. The bill
fully funds the budget request for VBA to address increasing
disability claims and the workload associated with Agent
Orange presumptive claims. The bill provides an additional
$12,000,000 for vocational rehabilitation and employment (VR
and E) counselors. The Department is directed to use the
$12,000,000 saved from terminating the ``printer on every
desk'' initiative to hire the additional VR and E counselors.
The bill also provides an additional $14,000,000 to support
direct FTEs in the Education program for workload increases
associated with the post-9/11 GI bill program.

INFORMATION TECHNOLOGY SYSTEMS

The bill appropriates $3,162,501,000 for Information
Technology (IT) Systems. Within this total, $966,000,000 is
provided for staff salaries and expenses, $1,453,685,000 for
the operation and maintenance of existing programs, and
$742,816,000 for new program development.
The bill includes language that requires the Secretary to
submit a reprogramming base letter within 30 days of
enactment of this Act identifying by IT project its
development and operations cost. Thereafter, the Department
is directed to provide on a monthly basis an IT expenditure
plan with the specific information items mentioned in the
House and Senate reports.
The bill also includes language restricting the obligation
of $742,816,000 in IT development funds until the Department
submits a certification letter to the Committees identifying
the projects or programs that are ready to receive funding in
fiscal year 2011 and in what amounts. The Department is
directed to submit the total life cycle development costs of
projects and programs receiving development funds in fiscal
year 2011, and to include these estimated costs in future
budget submissions.

OFFICE OF INSPECTOR GENERAL

The bill appropriates $115,367,000 for the Office of
Inspector General. Of the amount provided, $6,000,000 is
available for obligation until September 30, 2012.

CONSTRUCTION, MAJOR PROJECTS

The bill appropriates $1,151,036,000 for Construction,
Major Projects. The bill designates $940,932,000 for the
projects and activities and in the amounts specified below:

[In thousands of dollars]
------------------------------------------------------------------------
Location and description This bill
------------------------------------------------------------------------
Veterans Health Administration (VHA):
New Orleans, LA--New Medical Facility.................... 310,000
Denver, CO--New Medical Facility......................... 450,700
Palo Alto, CA--Polytrauma/Ambulatory Care Replacement.... 30,000
Alameda Point, CA--Outpatient Clinic and Columbarium 17,332
(Design)................................................
Omaha, NE--Hospital Replacement Facility (Design)........ 56,000
Advanced Planning Fund--Various Locations................ 89,750
Facility Security Projects--Various Locations............ 41,390
Judgment Fund--Various Locations......................... 6,000
BRAC Land Acquisition--Various Locations................. 13,000
Resident Engineers for Major Construction--Various 23,964
Locations...............................................
Total VHA.............................................. 1,038,136
National Cemetery Administration (NCA):
Indiantown Gap, PA--Gravesite Expansion and Cemetery 23,500
Improvements--Phase 4...................................
Los Angeles, CA--Columbarium Expansion................... 27,600
Tahoma, WA--Gravesite Expansion and Cemetery 25,800
Improvements--Phase 2...................................
Advanced Planning Fund--Various Locations................ 20,000
NCA Land Acquisition Fund--Various Locations............. 10,000
Total NCA.............................................. 106,900
General Administration: Staff Offices Department Advance 6,000
Planning Fund...........................................
Total Construction, major projects..................... 1,151,036
------------------------------------------------------------------------

Funding for leasing health care center facilities (HCCFs)
is provided in the Medical Facilities account.
The Department is directed to submit with all future budget
requests the findings associated with the Strategic Capital
Investment Planning review, which is designed to address the
problems of aging infrastructure and underutilized
properties.
The Department is directed to report obligations for each
Major Construction project on a quarterly basis, with the
first report to the Committees to be submitted no later than
January 15, 2011, to reflect obligations incurred through
December 31, 2010. The Department is directed to provide a 5-
year capital plan for Major Construction projects, and
include the total cost of each project and an obligation plan
by fiscal year.

CONSTRUCTION, MINOR PROJECTS

The bill appropriates $517,700,000 for Construction, Minor
Projects. Of this amount, $428,712,000 is designated for the
VHA, $43,573,000 is for the National Cemetery Administration,
$22,625,000 is for General Administration - Staff Offices,
and $22,790,000 is for the VBA.
The bill includes an additional $40,000,000 for high
priority minor construction projects, of which $8,265,000 is
designated for the construction and renovation needs
associated with the hiring of new disability claims
processors.
The bill includes an additional $10,000,000 for the
renovation of unused buildings on Department of Veterans
Affairs campuses for the purpose of providing housing with
supportive services for homeless veterans. This funding will
allow the Department to make the renovations and pursue
public/private partnerships for operation. The Department is
directed to provide an expenditure plan for this funding to
the Committees by April 9, 2011.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

The bill appropriates $85,000,000 for Grants for
Construction of State Extended Care Facilities.

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

The bill appropriates $46,000,000 for Grants for
Construction of State Veterans Cemeteries.

Administrative Provisions

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

The bill includes section 201 allowing for transfers among
various mandatory accounts.
The bill includes section 202 allowing for the transfer of
funds among the three medical accounts.
The bill includes section 203 allowing for the use of
salaries and expenses funds to be used for other authorized
purposes.
The bill includes section 204 restricting the use of funds
for the acquisition of land.
The bill includes section 205 limiting the use of funds in
the Medical Services account to only entitled beneficiaries
unless reimbursement is made to the Department.
The bill includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of
prior year accrued obligations for those accounts.
The bill includes section 207 allowing for the use of
appropriations available in this title to pay prior year
obligations.
The bill includes section 208 allowing funds for the
administration of the National Service Life Insurance Fund,
the Veterans' Special Life Insurance Fund, and the United
States Government Life Insurance Fund.
The bill includes section 209 allowing for the proceeds
from enhanced-use leases to be obligated in the year in which
the proceeds are received.
The bill includes section 210 allowing for the use of
$38,783,000 in this title for salaries and other
administrative expenses to be used to reimburse the Office of
Resolution Management and $3,354,000 to reimburse the Office
of Employment Discrimination Complaint Adjudication.
The bill includes section 211 limiting the use of funds for
any lease with an estimated annual rental cost of more than
$1,000,000 unless approved by the Committees.
The bill includes section 212 requiring the Secretary of
the Department of Veterans Affairs to collect third-party
payer information for persons treated for non-service
connected disability.
The bill includes section 213 allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The bill includes section 214 allowing for the use of
Medical Services funds to be used for recreational facilities
and funeral expenses.
The bill includes section 215 allowing for funds deposited
into the Medical Care Collections Fund to be transferred to
the Medical Services account.
The bill includes section 216 which allows Alaskan veterans
to use medical facilities of the Indian Health Service or
tribal organizations at no additional cost to the Department
of Veterans Affairs or the Indian Health Service.
The bill includes section 217 providing for the transfer of
funds from the Department of Veterans Affairs Capital Asset
Fund to the Construction, Major Projects and Construction,
Minor Projects accounts and makes those funds available until
expended.
The bill includes section 218 prohibiting the use of funds
for any policy prohibiting the use of outreach or marketing
to enroll new veterans.
The bill includes section 219 requiring the Secretary to
submit quarterly reports on the financial status and service
level status of the VHA.
The bill includes section 220 allowing for the transfer of
funds from various accounts to the Information Technology
Systems account.
The bill includes section 221 providing for transfer of
funds among projects within the Information Technology
Systems account.
The bill includes section 222 authorizing the transfer of
not more than $5,000,000 to the Secretary of Health and Human
Services for a Graduate Psychology Education Program which
directly benefits veterans.
The bill includes section 223 prohibiting any funds to be
used to contract out any function performed by more than ten
employees without a fair competition process.
The bill includes section 224 limiting the obligation of
non-recurring maintenance funds during the last two months of
the fiscal year.
The bill includes section 225 allowing for the transfer of
up to $235,360,000 from certain accounts to the Joint
Department of Defense/Department of Veterans Affairs Medical
Facility Demonstration Fund.
The bill includes section 226 allowing for the transfer of
certain funds deposited in the Medical Care Collections Fund
to the Joint Department of Defense/Department of Veterans
Affairs Medical Facility Demonstration Fund.
The bill includes section 227 allowing a minimum of
$15,000,000 to be transferred from Medical Services, Medical
Support and Compliance, and Medical Facilities to the
Department of Defense/Department of Veterans Affairs Health
Care Sharing Incentive Fund.
The bill includes section 228 rescinding fiscal year 2011
funds from the three medical accounts ($1,015,000,000 for
Medical Services, $145,000,000 for Medical Support and
Compliance, and $145,000,000 for Medical Facilities) and then
appropriating those amounts for fiscal year 2011 with two-
year authority.
The bill includes section 229 requiring the Department to
notify the Committees of all bid savings in Major
Construction projects that total at least $5,000,000 or five
percent of the programmed amount of the project, whichever is
less. The Department is also directed to notify the
Committees 14 days prior to obligating such bid savings and
to describe the anticipated use of such savings.
The bill includes section 230 prohibiting the Department
from increasing the scope of work of Major Construction
projects beyond the original scope identified in budget
justification documents. The Committees have been frustrated
trying to track the status and scope of projects that are
requested over multiple budget years. Important elements such
as size and cost change with little explanation. Since the
original information provided about the project in the budget
request includes little detail, it is hard to judge when the
scope of the project changes. To address this problem, the
Department is directed to include in the fiscal year 2012
budget request and thereafter a document comparable to the
Department of Defense Form 1391 indicating key baseline data
for each project to identify its original scope. If the scope
of a project changes, the Department is required to notify
immediately the Committees. The Department is encouraged to
request funding for Major Construction projects only when the
planning for the project is sufficiently advanced so that it
can be executed in the budget year. Such a timeline should
make scope changes less likely. These procedures will align
VA construction directives with those for the military
construction projects funded in this Act.
The bill includes section 231 providing that $162,734,000
of fiscal year 2011 funding for Medical Facilities shall be
available for renewable energy projects.
The bill includes section 232 providing additional fiscal
year 2011 funding of $74,776,000 for Medical Services.
The bill includes section 233 providing additional fiscal
year 2011 funding of $35,000,000 for Medical Facilities.
The bill includes section 234 regarding the designation of
supplemental funds.

TITLE III

RELATED AGENCIES

American Battle Monuments Commission

SALARIES AND EXPENSES

The bill appropriates $67,200,000 for Salaries and
Expenses. The bill provides $3,000,000 more than the budget
request. The additional funds are to be used for improvements
and rehabilitation of the Bataan Memorial at Cabanatuan in
the Philippines, as well as expansion of the Commission's
interpretive program.

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

The bill appropriates such sums as necessary for the
Foreign Currency Fluctuation Account.

United States Court of Appeals For Veterans Claims

SALARIES AND EXPENSES

The bill appropriates $28,297,000 for Salaries and
Expenses. The amount provided includes $2,515,229 for the pro
bono program. The bill does not provide any funding for
transfer to the General Services Administration for the
construction of a courthouse to house the United States Court
of Appeals for Veterans Claims due to the uncertain total
cost of the project and concerns with the adequacy of the
proposed site.

Department of Defense--Civil

Cemeterial Expenses, Army

SALARIES AND EXPENSES

The bill appropriates $50,340,000 for Salaries and
Expenses. The bill provides $8,240,000 more than the budget
request for the following activities identified by Arlington
Cemetery management: additional personnel ($4,481,000), an
operations center ($1,000,000), additional office space and
equipment ($300,000), information technology upgrades
($1,000,000), records reconciliation ($500,000), call center
upgrades ($300,000), security assessments and corrective
actions ($159,000), and global information system integration
($500,000). In addition, the bill includes $4,000,000 for the
development of a detailed master plan for Arlington National
Cemetery, as directed by the Secretary of the Army on June
10, 2010, and for initial planning for an expansion of the
current visitors center to enhance the visitor experience.

Armed Forces Retirement Home

TRUST FUND

The bill appropriates $71,200,000 for the Armed Forces
Retirement Home.

TITLE IV

OVERSEAS CONTINGENCY OPERATIONS

DEPARTMENT OF DEFENSE

Military Construction, Army

(INCLUDING TRANSFER OF FUNDS)

The bill provides an additional $918,845,000 for Military
Construction, Army. The bill includes a general reduction of
$176,000,000 against the total projects appropriated to
account for the carryover of unobligated balances resulting
from cancellations and bid savings among projects
appropriated in prior years. The bill also includes a
provision providing for the transfer of $7,000,000 from the
account to the Department of Defense Inspector General for
the purpose of carrying out audits of military construction
projects in Afghanistan.

Military Construction, Navy and Marine Corps

The bill provides an additional $160,430,000 for Military
Construction, Navy and Marine Corps.

Military Construction, Air Force

The bill provides an additional $129,266,000 for Military
Construction, Air Force. The bill includes a general
reduction of $216,000,000 against the total projects
appropriated to account for the carryover of unobligated
balances resulting from cancellations and bid savings among
projects appropriated in prior years.

Military Construction, Defense-Wide

The bill provides an additional $48,461,000 for Military
Construction, Defense-Wide.

Administrative Provisions

The bill includes section 401 providing a designation of
funds appropriated in this title.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 402 providing for the transfer of
up to $250,000,000 of funds provided to Military
Construction, Army, and Military Construction, Air Force, in
title IV of division E of Public Law 111-117 among projects
and activities within those accounts to accommodate cost and
scope changes, changes of location, or projects not otherwise
authorized that are necessary to support urgent military
operational requirements in Afghanistan, subject to
notification.

(INCLUDING TRANSFER OF FUNDS)

The bill includes section 403 providing for the transfer of
up to $250,000,000 of funds provided to Military
Construction, Army, and Military Construction, Air Force, in
chapter 9 of title I of Public Law 111-212 among projects and
activities within those accounts to accommodate cost and
scope changes, changes of location, or projects not otherwise
authorized that are necessary to support urgent military
operational requirements in Afghanistan, subject to
notification.
The bill includes section 404 authorizing the obligation
and expenditure of funds provided in this title for military
construction projects and activities not otherwise authorized
by law.

TITLE V

GENERAL PROVISIONS

(INCLUDING RESCISSIONS OF FUNDS)

The bill includes section 501 prohibiting the use of funds
in the Act beyond the fiscal year unless expressly so
provided.
The bill includes section 502 requiring pay raises to be
absorbed within the levels appropriated in this Act.
The bill includes section 503 prohibiting the use of funds
in this Act for programs, projects or activities not in
compliance with Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
The bill includes section 504 prohibiting the use of funds
in this Act to support to defeat legislation pending before
Congress.
The bill includes section 505 encouraging all Departments
to expand their use of ``E-Commerce'' technologies.
The bill includes section 506 prohibiting the transfer of
funds made available in this Act to any instrumentality of
the United States Government without authority from an
appropriations Act.
The bill includes section 507 specifying the congressional
committees that are to receive all reports and notifications.
The bill includes section 508 prohibiting the use of funds
in this Act for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the House of Representatives.
The bill includes section 509 requiring all reports
submitted to be posted on official websites.
The bill includes section 510 prohibiting the use of funds
in this Act for the processing of new enhanced-use leases at
the National Homes for Disabled Volunteer Soldiers located in
Milwaukee, Wisconsin.
The bill includes section 511 authorizing and providing
$46,550,000 for construction of a nursing care home care unit
at the Beckley, West Virginia, Veterans Affairs Medical
Center.
The bill includes section 512 authorizing a major medical
facility project at the Department of Veterans Affairs
Medical Center in West Los Angeles, California in an amount
not to exceed $35,500,000. The Department is authorized to
obligate funds derived from bid savings from major medical
facility projects to carry out this project.
The bill includes section 513 rescinding $200,000,000, in
unobligated balances from prior appropriations Acts from
``Military Construction, Army.''
The bill includes section 514 rescinding $128,000,000, in
unobligated balances from title X of Public Law 111-5 from
``Military Construction, Army'', ``Military Construction,
Navy and Marine Corps'', ``Military Construction, Air
Force'', ``Military Construction, Defense-Wide'', ``Military
Construction, Army National Guard'', ``Military Construction,
Air National Guard''.
This bill includes section 515 rescinding $117,505,000, in
unobligated balances from title II of division E of Public
Law 111-117, under the heading ``Departmental Administration,
Information Technology Systems'' for staffing and
administrative payroll.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division K,
which makes appropriations for the Department of State,
foreign operations, and related programs for fiscal year
2011. As provided in Section 4 of the consolidated bill, this
explanatory statement shall have the same effect with respect
to the allocation of funds and the implementation of this
division as if it were a joint explanatory statement of a
committee of conference.
This statement includes explanatory language, directives
and tables for many, but not all of the accounts included in
this division. Language is not included for the following
accounts: Department of State--Capital Investment Fund;
Emergencies in the Diplomatic and Consular Service;
Repatriation Loans Program Account; Payment to the American
Institute in Taiwan; Payment to the Foreign Service
Retirement and Disability Fund; International Boundary and
Water Commissions, United States and Mexico; The Asia
Foundation; Center for Middle Eastern-Western Dialogue Trust
Fund; Eisenhower Exchange Fellowship Program; Israeli Arab
Scholarship Program; Commission for the Preservation of
America's Heritage Abroad; United States Commission on
International Religious Freedom; Commission on Security and
Cooperation in Europe; Congressional-Executive Commission on
the People's Republic of China; Capital Investment Fund--
United States Agency for International Development (USAID);
International Disaster Assistance; Transition Initiatives;
Complex Crises Fund; Development Credit Authority; Inter-
American Foundation; Department of the Treasury,
International Affairs Technical Assistance; Debt
Restructuring; Global Environment Facility; Contribution to
the International Development Association; Contribution to
the Inter-American Development Bank; Contribution to the
Enterprise for the Americas Multilateral Investment Fund;
Contribution to the Asian Development Fund; Contribution to
the African Development Fund; Contribution to the
International Fund for Agricultural Development; and Trade
and Development Agency. However, the table at the end of this
division includes funding levels for appropriations by
account, and comparisons to last year's levels and the budget
request for all accounts included in division K of this Act.

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $9,553,200,000 for Diplomatic and
Consular Affairs (D&CP), of which $1,560,700,000 is for
Worldwide Security Protection.
The Secretary of State is directed to continue in fiscal
year 2011 the semi-annual reporting requirement on the
hiring, training, and deploying of new staff described under
this heading in the explanatory statement accompanying the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117).
Within the amount provided, funds may be used to address
urgent renovation requirements for the Blair House, following
consultation with the Committees on Appropriations.
The bill does not include the budget request for the
Foreign Affairs Security Training Center. The Secretary of
State is directed to submit a report to the Committees on
Appropriations not later than 60 days after selection of the
location site for the Center including the estimated
completion cost of the project; prioritization, cost,
timeline, and description of the phases; and a cost-benefit
analysis comparing the 10-year costs for the training from
leased facilities with the 10-year costs for training at the
Center, including the cost of constructing the new facility.
The bill provides $2,000,000 for training, equipment and
other support for the Bureau for Democracy, Human Rights, and
Labor (DRL) and at United States missions to conduct vetting
of units and individuals of foreign security forces,
consistent with section 620M of the Foreign Assistance Act of
1961, as amended by this Act. The Committees on
Appropriations direct the Department of State to ensure that
Human Rights Officers at United States missions shall be
individuals with appropriate specialized training and
experience to effectively carry out the responsibilities of
the position, and that DRL be consulted on such appointments.
The bill includes the budget request for cyber-security. In
addition, the Secretary of State is directed, in coordination
with the USAID Administrator, to consult with the Committees
on Appropriations not later than 60 days after enactment of
this Act on the cost-benefit and performance implications of
further consolidation of the information technology platforms
of the two agencies at the country level.
The Secretary of State should expand support of the Special
Coordinator for Tibetan Issues and fill existing staff
positions to enable the Special Coordinator to carry out the
broad responsibilities detailed in section 621(d) of Public
Law 107-228, as well as for convening coordinating meetings
for appropriate United States Government agencies,
nongovernmental organizations (NGOs), and representatives of
the Tibetan leadership.
Section 7034(u) directs the Secretary of State to conduct a
pilot program to recruit, hire, and train up to 25 mid-career
professionals for the Foreign Service to help address the
projected future shortfall of mid-career Foreign Service
Officers, which shall be carried out after consultation with
the Committees on Appropriations.
The bill provides $1,760,900,000 to support the transition
from a military to civilian United States presence in Iraq,
including $25,000,000 of the $50,000,000 that was requested
by the Department of State for transfer from the
International Narcotics Control and Law Enforcement (INCLE)
account. The bill does not include the requested transfer
authority from INCLE to D&CP.
The bill provides $334,000,000 to offset the loss of
assumed revenue from expanded consular fee retention
authority.
The bill includes funds for the requested new positions
related to Department of State operations and programs in
Afghanistan, Pakistan and Iraq.
The Secretary of State is urged to continue support for the
educational partnerships developed between the Department of
State and community colleges and universities that focus on
recruiting and preparing students from institutions with
large minority populations for positions in the Foreign
Service and for the Office of Science and Technology
Advisor's science fellowship programs. In addition, the
Secretary should ensure that United States small, minority-
owned, and disadvantaged business enterprises are able to
fully participate in the provision of goods and services for
the Department of State.
The Office of Public Diplomacy and Public Affairs is
encouraged to continue funding for new media programming for
targeted Arabic language television programs, as specified in
Senate Report 111-237.
The Secretary is directed to submit a report on
implementation and progress toward achieving each of the
sustainability goals and targets applicable to all United
States Government agencies, as specified in Executive Order
13514.
The efforts undertaken by the Office of Global Women's
Issues to integrate gender considerations into all programs
should continue with full consultation with, and support of,
the Office of the Director of Foreign Assistance and USAID.
The Department of State is expected to work to increase
consultations between the United Nations (UN) and New York
City officials, to ensure local codes, regulations and
security requirements are taken into account in any
renovation or construction of facilities.
The Department of State shall follow the directive related
to property inventory in Senate Report 111-237.
Not later than 180 days after enactment of this Act, the
Secretary of State, in consultation with the USAID
Administrator, shall submit a report to the Committees on
Appropriations on the number of private security contractors
serving at United States missions in Iraq and Afghanistan,
including: the cost and duties of such contractors; existing
oversight mechanisms and the number of Department of State
and USAID personnel, as appropriate, conducting such
oversight; and a cost-benefit analysis of replacing such
contractors with United States Government personnel.
The bill provides $43,000,000 for costs related to the Asia
Pacific Economic Cooperation (APEC) Forum in fiscal year
2011, which with the $41,500,000 allocated in fiscal year
2010 provides $84,500,000 for APEC Forum costs, including
appropriate costs for providing security for visiting foreign
officials and their delegations attending APEC meetings.
The bill provides $8,356,000 under this heading to support
the establishment of new American Centers. In addition,
$6,000,000 is provided under the Embassy Security,
Construction, and Maintenance (ESCM) heading for related
construction and renovation costs. Additional funds may be
needed under ESCM for this purpose, and the Department of
State is directed to consult with the Committees on
Appropriations prior to the transfer of up to $8,356,000 to
ESCM for this purpose.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

Diplomatic and Consular Programs
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Activities Authority
------------------------------------------------------------------------
Human Resources............................................ 2,754,289
Public Diplomacy Programs (non-add).................... [140,728]
Human Resources Initiative (non-add)................... [507,128]
Worldwide Security Protection (non-add)................ [249,315]
Overseas Programs.......................................... 3,432,216
Ambassador's Fund for Cultural Preservation (non-add).. [9,250]
Cultural Antiquities Task Force (non-add).............. [1,000]
Locally Employed Staff (non-add)....................... [773,479]
Public Diplomacy Programs (non-add).................... [415,243]
Diplomatic Policy and Support.............................. 884,988
Security Programs.......................................... 2,481,707
Worldwide Security Protection (non-add)................ [1,311,385]
------------
Total--Diplomatic and Consular Programs............ 9,553,200
------------------------------------------------------------------------
Subtotal, Afghanistan Operations........................... 911,120
Subtotal, Iraq Operations.................................. 1,760,900
Subtotal, Pakistan Operations.............................. 153,357
Subtotal, Worldwide Security Protection.................... 1,560,700
Offices/Programs
Leahy Vetting Program...................................... 2,000
Office of Global Women's Issues............................ 2,761
Office to Monitor and Combat Trafficking in Persons........ 6,410
------------------------------------------------------------------------

CIVILIAN STABILIZATION INITIATIVE

The bill provides $35,000,000 for Civilian Stabilization
Initiative (CSI) in this title. In addition, $15,000,000 is
provided under the same heading in title II of the bill, for
a total of $50,000,000 for the CSI in fiscal year 2011.
The Committees on Appropriations believe the CSI has
potential as a mechanism for responding to international
crises, but it remains a work in progress and has yet to
demonstrate that it is effective. Given that the Quadrennial
Diplomacy and Development Review (QDDR) has not been
finalized and submitted to the Congress, the Secretary of
State is directed to pursue a minimal stand up and
implementation plan for CSI in fiscal year 2011 and support
no more than a total of 170 Civilian Response Corps active
personnel. The fiscal year 2011 plan to increase the number
of stand-by corps from 1,030 to 2,000 is unsustainable. The
Secretary of State is directed to consult with the Committees
on Appropriations prior to implementing any reforms of CSI
that may be proposed in the QDDR, including the establishment
of a new office or bureau, which is subject to the
limitations of section 7015(a) of this Act.
Not later than 6 months after enactment of this Act, and
after a comprehensive review of the activities of the Office
of the Coordinator for Reconstruction and Stabilization, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing a refined and more focused mission
for this office, including clarification of its role in
international crisis response; changes in staffing levels
required to meet its mission; budget modifications, as
appropriate; lessons learned since its inception; and the
mechanisms that have been established to ensure coordination
with other crisis response capabilities of the United States
Government, particularly USAID and the Department of Defense.
Until the report is submitted, the Secretary is directed to
freeze hiring of new active and standby Civilian Response
Corps personnel.

OFFICE OF INSPECTOR GENERAL

The bill provides $115,000,000 for Office of Inspector
General (OIG) under this heading, of which $22,000,000 is for
the Special Inspector General for Iraq Reconstruction (SIGIR)
and $30,287,000 is for the Special Inspector General for
Afghanistan Reconstruction (SIGAR). In addition, the
Supplemental Appropriations Act, 2010 (Public Law 111-212)
included $7,200,000 for SIGAR for fiscal year 2011 and
section 7071(a)(4)(B) of this bill provides $1,500,000 by
transfer to both the SIGAR and the OIG for enhanced oversight
of assistance for Afghanistan, making a total of $38,987,000
available for the SIGAR and $64,213,000 for the OIG in fiscal
year 2011.
The Committees on Appropriations recognize the valuable
presence of the OIG's Middle East Regional Office, and direct
that it remain an independent office, report directly to the
Inspector General, and continue conducting evaluations in the
Middle East region. In addition, the activities undertaken by
the OIG are distinct from SIGAR and SIGIR and should continue
in Iraq and Afghanistan.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The bill provides $654,200,000 for Educational and Cultural
Exchange Programs, of which $13,500,000 is for expanded
exchange and English language programs requested under the
Economic Support Fund (ESF) heading for the Global Engagement
initiative. The Department of State shall follow the
directive in Senate Report 111-237 regarding proposed
reallocations to Pakistan and other Muslim-majority
countries.
Any proposal for the programmatic and geographic
distribution of available resources (including unobligated
balances and recoveries) shall be submitted through the
normal reprogramming process not later than 60 days after
enactment of this Act. The overall funding distribution shall
conform to the programmatic guidance included in this
statement. Such plan should detail, by country, the amount
allocated for Global Engagement initiative activities.
The bill provides funding to continue each of the programs
referenced in the first paragraph following the table under
this heading in the explanatory statement accompanying the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117).
The bill provides $8,500,000 to continue the One-time
Competitive Grants Program. This program shall be only for
the actual exchange of people, should follow the criteria
established under this heading in the explanatory statement
accompanying the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161), and should benefit a population that is
not being addressed through existing exchange programs.
The Department of State should consider proposals from the
following organizations, in addition to those listed under
the One-time International Exchange Grant Program heading in
Senate Report 111-237, which shall be considered in full and
open competition, and in accordance with all applicable rules
and regulations: Santa Clara University; South Africa
Washington Internship Program; Spelman College; Washington
Ireland Program; and World Youth Peace Summit. The Department
is also encouraged to continue funding the exchange programs
listed in the fourth and fifth paragraphs under the heading
in House Report 111-187, continue to support exchange
programs and activities in the visual and performing arts,
and consider funding for the OneWorld 2011 conference
bringing together representatives from the United States and
several Muslim-majority countries.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Academic Programs:
Fulbright Program...................................... 260,326
Global Academic Exchanges:
Educational Advising and Student Services.............. 13,408
English Language Programs.............................. 52,272
------------
Subtotal, Global Academic Exchanges................ 65,680
Special Academic Exchanges:
Regional Graduate Fellowships.......................... 22,660
American Overseas Research Centers..................... 5,000
South Pacific Exchanges................................ 500
Timor-Leste Exchanges.................................. 500
Disability Exchange Clearinghouse...................... 500
Benjamin Gilman International Scholarship Program...... 10,800
George Mitchell Fellowship Program..................... 500
Hemispheric Program.................................... 500
Tibet Fulbright Program................................ 775
------------
Subtotal, Special Academic Exchanges............... 41,735
Total, Academic Programs....................... 367,741

Professional and Cultural Exchanges:
International Visitor Program.......................... 96,569
Citizen Exchange Programs.............................. 103,844
Kennedy-Lugar Youth Ambassadors Program (non-add)...... [25,500]
Special Professional and Cultural Exchanges:
Congress Bundestag Youth Exchange...................... 4,000
Mike Mansfield Fellowship Program...................... 1,902
Irish Institute........................................ 1,020
Ngawang Choephel Fellows............................... 675
Youth Science Programs................................. 150
Institute for Representative Government................ 496
Pakistan Literacy Training Program..................... 375
------------
Subtotal, Special Professional and Cultural 8,618
Exchanges.........................................
Total, Professional and Cultural Exchanges..... 209,031

One-time Grant Program..................................... 8,500
Program Evaluation......................................... 6,174
Exchanges Support.......................................... 62,754
Total, Educational and Cultural Exchange 654,200
Programs......................................
------------------------------------------------------------------------

representation allowances

The bill provides $8,175,000 for Representation Allowances.
The Department of State is directed to continue to provide
the semi-annual report to the Committees on Appropriations
containing detailed information on the uses of funds
appropriated under this heading.

protection of foreign missions and officials

The bill provides $30,000,000 for Protection of Foreign
Missions and Officials, of which $27,600,000 is for the
program in New York and $2,400,000 is for the program
elsewhere in the United States.
The Secretary of State is to continue to submit the report
required under this heading in House Report 111-187 regarding
the amount of claims submitted by eligible jurisdictions and
the funds available to pay such claims. The Secretary of
State should also consider the guidance included under this
heading in Senate Report 111-237 regarding the financial
benefits to jurisdictions from visits of foreign delegations.

embassy security, construction, and maintenance

The bill provides $1,838,300,000 for Embassy Security,
Construction, and Maintenance, of which $925,000,000 is for
worldwide security upgrades and $913,300,000 is for other
construction, operations and maintenance. The amount provided
includes $174,000,000 above the request to offset the loss of
assumed revenue from expanded consular fee retention
authority.
The Secretary of State is directed to provide a spend plan
to the Committees on Appropriations not later than 60 days
after enactment of this Act, which shall be consistent with
the directives under this heading in the explanatory
statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117).
The bill provides the amount requested for security
enhancements of soft targets.
The bill provides $6,000,000 for construction and
renovation costs for American Centers. The Department of
State shall consult with the Committees on Appropriations
regarding a possible transfer from D_CP of up to $8,356,000
to establish new American Centers at locations worldwide.
The bill provides $833,000,000 for the Department of
State's Capital Security Cost-Sharing program contribution.
The Committees on Appropriations are concerned about the
sustainability of the rising cost of constructing,
maintaining, and operating new, state-of-the-art embassy
compounds and direct the Secretary of State to review the
cost assumptions and construction process to ensure that new
embassy compounds are constructed, transferred to the
Department of State, and operated in a cost-effective and
sustainable manner.

International Organizations

contributions to international organizations

The bill provides $1,545,430,000 for Contributions to
International Organizations. The Secretary of State is
directed to conduct a review of all international
organizations that the United States participates in; align
United States participation in and funding for such
organizations with United States national interests; promptly
initiate steps to withdraw from any which do not merit United
States participation; and refrain from entering into new
commitments without adequate resources.
The Department of State is directed to update the reporting
requirement related to the voting practices of UN member
states as specified under this heading in the explanatory
statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) for the current calendar
year.
The bill includes a new provision under this heading
directing that credits to United States-assessed
contributions to the UN Tax Equalization Fund should be used
to offset other assessed contributions to the UN, subject to
the regular notification procedures of the Committees on
Appropriations.
In an effort to control costs and ensure security at the
new North American Treaty Organization Headquarters building,
the Department of State is directed to complete an agreement
with the Department of Defense on the allocation of costs for
the ``fit-out'' of the United States Mission space within the
new building.

contributions for international peacekeeping activities

The bill provides $2,096,382,000 for Contributions for
International Peacekeeping Activities.
The Department of State shall follow the directive related
to the UN Office of Internal Oversight Services as specified
under this heading in the explanatory statement accompanying
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law
111-117).
The Committees on Appropriations are concerned with
continuing reports of abuses of civilians by UN peacekeeping
troops, including those who have been credibly alleged to
have committed such abuses in their home countries. The bill
requires the Secretary of State to work with the UN and
governments that contribute peacekeeping troops to develop
effective vetting procedures.
The bill includes a new provision under this heading
directing that credits to United States-assessed
contributions to the UN Tax Equalization Fund should be used
to offset other assessed contributions to the UN, subject to
the regular notification procedures of the Committees on
Appropriations.

International Commissions

american sections, international commissions

The bill provides $12,655,000 for American Sections,
International Commissions, of which $2,422,000 is for the
International Boundary Commission, $7,931,000 is for the
International Joint Commission (including $300,000 to expand
the Upper Great Lakes study as described under this heading
in Senate Report 111-237), and $2,302,000 is for the Border
Environment Cooperation Commission.
American Sections, International Commissions shall follow
the directive, as specified under this heading in Senate
Report 111-237 related to the International Boundary
Commission and the International Joint Commission.

international fisheries commissions

The bill provides $51,000,000 for International Fisheries
Commissions, of which $3,000,000 is for lamprey control and
water quality improvements in the Lake Champlain Basin, and
$3,900,000 is for sea lamprey control and fishery research
for the Great Lakes Basin.
The bill provides $500,000 above the request for the
International Pacific Halibut Commission to initiate the
relocation and fit-out of its offices. These funds are
available through fiscal year 2012 in order to facilitate the
orderly transition into new space.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Commission/Program Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission............................. 24,700
Water Quality Improvements and Lamprey Control (non- [3,000]
add)..................................................
Inter-American Tropical Tuna Commission.................... 1,800
Pacific Salmon Commission.................................. 3,190
Pacific Salmon Treaty Commitment........................... 15,000
International Pacific Halibut Commission................... 3,750
Relocation and Fit-out (non-add)....................... [500]
Other Marine Conservation Organizations:
International Whaling Commission....................... 195
North Pacific Anadromous Fish Commission............... 187
International Commission for the Conservation of 295
Atlantic Tunas........................................
Northwest Atlantic Fisheries Organization.............. 202

Commission for the Conservation of Antarctic Marine Living 115
Resources.................................................
North Atlantic Salmon Conservation Organization........ 50
International Council for the Exploration of the Sea... 260
North Pacific Marine Science Organization.............. 206
International Sea Turtle Conservation.................. 170
Antarctic Treaty....................................... 65
Western and Central Pacific Fisheries Commission....... 655
Expenses of the United States Commissioners............ 160
Subtotal, Other Marine Conservation Organizations.......... 2,560
Total, International Fisheries Commissions..... 51,000
------------------------------------------------------------------------

RELATED AGENCY

Broadcasting Board Of Governors

international broadcasting operations

The bill provides $744,500,000 for International
Broadcasting Operations of the Broadcasting Board of
Governors (BBG) for the operating and engineering costs of
Voice of America (VOA); the Office of Cuba Broadcasting;
Radio Free Europe/Radio Liberty; Radio Free Asia (RFA);
Middle East Broadcasting Networks; and the BBG. The bill does
not provide funding requested for program enhancements, with
the exception of the upgrade of the Network Control Center.
The bill provides not less than the $8,000,000 requested
for broadcasting to North Korea. Funds also are included to
continue at present levels RFA and VOA Tibetan language
services.
The Committees on Appropriations do not support closing the
Greenville Transmitting Station and direct that none of the
funds available in this Act be used for such purposes. The
bill provides funding to continue VOA broadcasts in Greek.
The Committees on Appropriations understand that the BBG has,
over the past several years, internally funded surge
broadcasts in Burmese, Swahili, and Spanish and is not
planning to continue these broadcasts in fiscal year 2011.
The BBG is directed to include justification for the
discontinuation of these broadcasts in the spend plan and to
continue these broadcasts at current levels until the BBG
receives Congressional approval for any change in broadcast
hours. The bill includes a new provision requiring that the
Committees on Appropriation be notified prior to reducing or
increasing BBG broadcast hours or implementing changes to
transmission platforms.
The BBG is directed to conduct an evaluation of the
effectiveness of Persian News Network (PNN) and Radio Farda
programming to Iran and report to the Committees on
Appropriations not later than March 31, 2011, on its findings
and proposals for BBG programming to Iran. The bill provides
adequate funding to continue the radio rebroadcasts of PNN
television programming and the one hour original VOA Persian
radio broadcast during this evaluation period.
The bill provides funding requested for BBG Pashto and Dari
broadcasts to Afghanistan and BBG broadcasts to Iraq. The
bill also provides $750,000 to support expanded Internet
anti-censorship efforts, in addition to funds made available
for such purposes.
The BBG shall follow the directive specified in Senate
Report 111-237 related to Cuba.
The BBG is directed to undertake a strategic review of
Alhurra and the effectiveness of its programming in the
region and to report to the Committees on Appropriations on
its findings and recommendations for improving program and
journalistic quality, viewership, efficiency in operations,
and sustainability of Alhurra's cost of operations.
The BBG is directed to provide the report requested under
this heading in Senate Report 111-237 regarding revenue from
privatization and commercial efforts.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program Authority
------------------------------------------------------------------------
International Broadcasting Bureau (IBB):
Voice of America....................................... 206,877
Broadcasting to Cuba................................... 28,789
Engineering and Technical Services..................... 188,249
Agency Direction....................................... 28,290
IBB Management and Support............................. 47,172
------------
Subtotal, IBB...................................... 499,377

Independent Grantee Organizations:
Radio Free Europe/Radio Liberty........................ 94,488
Radio Free Asia........................................ 37,679
Middle East Broadcasting Networks...................... 112,956
------------
Subtotal, Grantees................................. 245,123

Total, International Broadcasting Operations... 744,500
------------------------------------------------------------------------

broadcasting capital improvements

The bill provides $6,875,000 for Broadcasting Capital
Improvements. Funds should be programmed consistent with the
directives under this heading in Senate Report 111-237.

RELATED PROGRAMS

United States Institute Of Peace

The bill provides $44,050,000 for the United States
Institute of Peace (USIP). The $2,500,000 requested for
building security equipment, construction, and costs
associated with the planning and rehabilitation of United
States Navy Potomac Annex Buildings 6 and 7 is not provided.
The planning and rehabilitation of these buildings should be
paid for with funds from other sources, including private or
Federal funding from organizations and agencies that will
utilize the proposed training facility. USIP may reprogram
funds as necessary to address the security requirements of
the headquarters facility, subject to consultation with, and
the regular notification procedures of, the Committees on
Appropriations.

East-West Center

The bill provides $23,100,000 for East-West Center.
The bill provides funding to support the initiatives
described in Senate Report 111-237.

National Endowment for Democracy

The bill provides $118,000,000 for National Endowment for
Democracy (NED). An additional $10,500,000 is provided to the
NED for democracy programs in Egypt, Pakistan, Cuba, North
Korea, and the Democratic Republic of the Congo (DRC), which
shall support new small grants and not be used to fund
current, on-going programs. These countries present
challenging programmatic and complex political environments
well suited to NED's mission. In some cases, NED is more
appropriate and cost effective for the promotion of democracy
abroad than the Department of State or USAID. NED shall
consult with the Committees on Appropriations on the uses of
these funds prior to the obligation of funds and program
implementation, and shall provide the financial spend plan in
accordance with the directives in Senate Report 111-237.
USAID and the Department of State are to coordinate
democracy programs with NED to avoid duplication of
activities.
NED and the Department of State shall follow the directive
related to the pass-through nature of the NED grant, as
specified in Senate Report 111-237.
NED is directed to use $250,000 for the training and
education of Tibetans in democracy activities and for
monitoring the human rights situation in Tibet.
Within the total provided, funding is included for
activities to support democracy promotion, human rights,
labor rights, and the rule of law, as well as funding for the
International Forum for Democratic Studies, Reagan-Fascell
Fellows program, the World Movement for Democracy, and the
Center for International Media Assistance.

OTHER COMMISSIONS

United States-China Economic and Security Review Commission

The bill provides $3,625,000 for United States-China
Economic and Security Review Commission.
Funds are provided for the Commission to undertake a study
on China's use of country of origin labeling as a method of
avoiding anti-dumping and countervailing duties on products,
including with respect to components of Chinese steel.

TITLE II

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill provides $1,392,000,000 for Operating Expenses, of
which $18,091,000 is to support the USAID Forward procurement
reform initiatives. Funds should be used to increase the
number of procurement and oversight staff to ensure proper
use of USAID assistance funds.
USAID is directed to provide regular updates on actions
taken and recommended by the Procurement Reform Task Force
and to notify the Committees on Appropriations prior to
implementing new procurement reform proposals.
The Department of State and USAID shall follow the
directives related to disability programs, as specified in
Senate Report 111-237.
USAID shall follow the reporting requirement related to
small minority-owned and disadvantaged business enterprises
in House Report 111-187.
The bill provides $264,324,000 for the Development
Leadership Initiative (DLI), including to support the hiring
of not more than 100 additional DLI Foreign Service Officers.
This amount is lower than the budget request due to the
reduced costs assumed per new hire and the reduced number of
new hires in fiscal year 2011. USAID is directed to provide
quarterly updates on the status and costs of the hiring,
training, and deploying of personnel.
The USAID Administrator is directed to provide a report on
implementation and progress toward achieving each of the
sustainability goals and targets applicable to all United
States Government agencies, as specified in Executive Order
13514.
USAID and the Department of State are directed to provide
updates to the Committees on Appropriations on decisions made
and actions taken related to the inclusion of USAID program
implementers in the Synchronized Pre-Deployment and
Operational Tracker database.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

USAID OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program Authority
------------------------------------------------------------------------
Development Leadership Initiative.......................... 264,324
Overseas Facilities........................................ 37,457
USAID Forward Procurement Reform........................... 18,091
Overseas Operations........................................ 655,881
Locally Employed Staff Special Compensation (non-add).. [1,000]
Washington Operations...................................... 273,241
Central Support............................................ 231,132
Subtotal, USAID Operating Expenses................. 1,480,126
Less other sources......................................... (88,126)
------------------------------------------------------------------------
TOTAL, USAID Operating Expenses.................... 1,392,000
------------------------------------------------------------------------

CIVILIAN STABILIZATION INITIATIVE

The bill provides $15,000,000 for Civilian Stabilization
Initiative in this title, which includes $5,000,000 for
deployments. The bill also provides $35,000,000 under the
same heading in title I of the bill, for a total of
$50,000,000 for the CSI in fiscal year 2011.

OFFICE OF INSPECTOR GENERAL

The bill provides $46,500,000 for Office of Inspector
General.
The OIG is directed to provide a spend plan and summary of
oversight work in fiscal year 2011. The activities undertaken
by the USAID Inspector General in Iraq and Afghanistan are
distinct from SIGIR and SIGAR and should continue.

TITLE III

BILATERAL ECONOMIC ASSISTANCE

Funds in this Act are allocated, unless otherwise noted,
according to the following table, and are subject to the
provisions of section 7019 of this Act:

Sectors
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program Authority
------------------------------------------------------------------------
Food Security and Agricultural Development................. 1,400,000
Dairy and livestock programs (non-add)................. [30,000]
Plant biotechnology and research (non-add)............. [35,000]
Collaborative Research Support Programs (non-add)...... [33,000]
Global Crop Diversity Trust (non-add).................. [12,000]
Water...................................................... 315,000
Basic Education............................................ 925,000
Higher Education........................................... 225,000
Higher education programs in Africa (non-add).......... [25,000]
of which for United States-African partnerships (non- [15,000]
add)..................................................
Microenterprise/Microfinance............................... 265,000
Climate Change and Environment............................. 1,476,550
American Schools and Hospitals Abroad...................... 24,000
Victims of Torture......................................... 13,000
USAID's Cooperative Development Program.................... 12,000
Women's Leadership Training programs....................... 22,500
------------------------------------------------------------------------

Funds Appropriated to the President

GLOBAL HEALTH AND CHILD SURVIVAL

(INCLUDING TRANSFER OF FUNDS)

The bill provides $8,222,000,000 for Global Health and
Child Survival. Of the total, $2,722,000,000 is for USAID
global health programs, and $5,500,000,000 is apportioned
directly to the Office of the United States Global AIDS
Coordinator (OGAC) at the Department of State for global HIV/
AIDS programs.
USAID is directed to consult with the Committees on
Appropriations prior to the finalization of Global Health
Initiative-plus country plans and prior to the obligation of
funding from the Strategic Reserve Fund.
The Committees on Appropriations note that the Secretary of
State has not provided the report requested in the
explanatory statement accompanying the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) on global health
program effectiveness. The Secretary is directed to provide
this report not later than 90 days after enactment of this
Act, which shall include a brief description of key global
health challenges; the interventions that have been found to
have the greatest impact in addressing these challenges; and
further steps the United States could take to help
significantly reduce mortality and morbidity. The report
should pay special attention to those challenges that have
not received adequate support in the past.
OGAC is directed to consult with the Committees on
Appropriations on how the integration of health and
development programs is impacting the effectiveness and
outcomes of HIV/AIDS programs; the implementation of a
strategy to train 140,000 new health workers; OGAC's strategy
to implement an effective monitoring and evaluation program;
and how administrative costs, including overhead, are
calculated for participating agencies.
OGAC and the Global Fund to Fight AIDS, Tuberculosis and
Malaria (Global Fund) have announced their intention to work
together to begin to harmonize bilateral and multilateral
assistance programs to reduce duplication and leverage
investments, including treatment. OGAC and the Global Fund
are directed to jointly report to the Committees on
Appropriations on these discussions not later than 120 days
after enactment of this Act and to provide early estimates of
countries where OGAC funding will decrease and Global Fund
support will increase based upon this division of program
priorities.
USAID is directed to continue to support the GAVI Alliance
and is further directed to undertake a modeling effort with
the GAVI Alliance to establish budget projections and
programmatic implications of the roll-out of new vaccines in
the next three years.
USAID should continue and expand support for an integrated
response to neglected tropical diseases, including
schistosomiasis, lymphatic filariasis, onchocerciasis, soil
transmitted helminthes, and trachoma; and explore
opportunities to address buruli ulcer, chagas, and leprosy.
The USAID Special Advisor for Orphans and Vulnerable
Children and the Department of State's Special Advisor to the
Office of Children's Issues are directed to jointly provide a
report to the Committees on Appropriations not later than 90
days after enactment of this Act detailing how USAID and the
Department of State are assisting developing countries to
provide family-based care to orphans, including helping such
countries develop data on the number of children living
outside of parental care; and identify and replicate best
practices in providing family-based care.
OGAC is directed to provide the report to the Committees on
Appropriations related to the Global Fund as specified in
House Report 111-187.
OGAC is directed to ensure that family planning services
are available to individuals served by OGAC programs.
OGAC is directed to provide $6,000,000 to USAID to support
microbicides research, including next generation anti-
retroviral based microbicides. OGAC shall consider support
for microbicides trials for young and adolescent women at the
Kenya Medical Research Institute's Centers for Disease
Control and Prevention HIV research branch. USAID and OGAC
are directed to consult with the Committees on Appropriations
on this program.
OGAC and the Department of State shall follow the regular
notification procedures for current and prior year funding
for all OGAC-funded programs, including all reprogramming
requirements contained in sections 7015 and 7019 of this Act.
OGAC is directed to work with relevant host governments and
donors to make information available regarding educational,
vocational and microfinance opportunities at global health
clinics, especially those that target most at-risk
populations.
Of the funds made available for global health and HIV/AIDS
programs, funding should be made available for technical
assistance within the relevant host country ministries for
procurement system strengthening. The Global Fund should
designate additional funding for capacity building for host
country fiscal management, audits, reporting, and procurement
systems strengthening.
USAID shall follow the directive related to anti-malaria
assistance through international and indigenous
nongovernmental organizations (NGOs) in Burma, as specified
in Senate Report 111-237.
USAID voluntary family planning programs should offer a
broad range of family planning methods and services,
including fertility awareness programs.
USAID is directed to provide the annual report on its
research and development program and to develop a multi-year
strategy for global health research and development
initiatives and programs.
USAID shall follow the directives in Senate Report 111-237
regarding the development of safe, effective and affordable
drugs to combat tuberculosis, including multidrug resistant
tuberculosis and extremely drug resistant tuberculosis.
OGAC and USAID shall follow the directive regarding the
recruitment of healthcare workers, as specified in Senate
Report 111-237.
The Department of State and USAID should consider proposals
from the following organizations, in addition to those listed
under the Proposals heading in Senate Report 111-237, which
shall be considered in full and open competition, and in
accordance with all applicable rules and regulations: Emory
University's Global Health Leadership Development Program;
International Association of Multicultural Women; Institute
for Global Health at the University of Massachusetts; Project
C.U.R.E.; Einstein College of Medicine's Global Diabetes
Initiative; Afya Foundation; Tel Aviv University; Physicians
for Peace; International Obstetric Fistula Working Group;
Global Campaign to End Fistula; Helen Keller International;
Local Voices; Safe Blood for Africa; TREAT Asia; McCord
Research Foundation; the International Partnership for
Microbicides; and International AIDS Vaccine Initiative.
USAID should expand support for volunteers who work with
orphans and vulnerable children in Africa, and funding should
be provided for programs that strengthen child welfare and
child protection systems, including training of professionals
for these purposes. USAID and OGAC should continue to support
HIV-related media prevention programs in Africa and Asia,
including India.
USAID is directed to consider establishing a pilot
demographic program that would award competitive fellowships
to United States-trained demographers from developing
countries.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

Global Health And Child Survival Programs
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Child Survival and Maternal Health (USAID):................ 761,000
Polio (non-add)........................................ [33,000]
The GAVI Alliance (non-add)............................ [105,000]
Nutrition (non-add).................................... [100,000]
Micronutrients (non-add)............................... [33,000]
Vitamin A (non-add).................................... [23,000]
Iodine Deficiency Disorder (non-add)................... [2,000]
Vulnerable Children (USAID):............................... 15,000
Blind Children (non-add)............................... [2,000]
HIV/AIDS (USAID): 350,000..................................
Microbicides (non-add)................................. [45,000]
HIV/AIDS (Department of State):............................ 5,500,000
Global Fund (non-add).................................. [825,000]
UNAIDS (non-add)....................................... [45,000]
Microbicides (non-add)................................. [6,000]
Family Planning/Reproductive Health (USAID)................ 585,000
Other Infectious Diseases (USAID):......................... 1,011,000
Pandemic Preparedness (non-add)........................ [71,000]
Malaria (non-add)...................................... [615,000]
Tuberculosis (non-add)................................. [235,000]
Global TB Drug Facility (non-add)...................... [15,000]
Neglected Tropical Diseases (non-add).................. [90,000]
------------------------------------------------------------------------
Total, Global Health and Child Survival............ 8,222,000
Strategic Reserve Fund, OGAC........................... [50,000]
Strategic Reserve Fund, USAID.......................... [50,000]
------------------------------------------------------------------------

development assistance

The bill provides $2,767,700,000 for Development Assistance
(DA).
USAID is directed to implement agricultural development and
food security programs, including the Feed the Future
initiative, as specified in Senate Report 111-237. USAID is
further directed to ensure that monitoring and evaluation are
critical components of Feed the Future and baseline data is
collected in order to measure the impact of United States-
funded programs. USAID is further directed to consult with
the Committees on Appropriations prior to making a
determination to transfer funds to any other United States
Government agency, and shall present the rationale for such
funding transfer.
USAID is directed to expand its support for wheat stem rust
research.
The bill provides a total of $1,476,550,000 for climate
change and environment programs, including $792,800,000 for
bilateral programs administered by USAID and the Department
of State, and $683,750,000 for contributions to multilateral
mechanisms, including the Global Environment Facility, the
Clean Technology Fund and the Strategic Climate Fund. The
Committees intend these funds to be used to support and
promote non-fossil renewable energy technologies, end-use
energy efficiency technologies, carbon sequestration, and
carbon accounting; to support adaptation programs in
countries threatened by climate change; and to protect
sustainable landscapes and biodiversity, including tropical
forests, marine ecosystems, and wildlife. The Committees
intend sustainable landscapes and biodiversity programs to be
used to strengthen the capacity of local governments to
protect and sustainably manage natural resources;
substantially increase and effectively manage protected areas
and contiguous buffer zones; include meaningful participation
by, and respect for the rights of, indigenous peoples and
local communities and increase their land use and tenure
security; and strengthen law enforcement, including the role
of civil society in monitoring and oversight, to prevent
illegal logging and other causes of deforestation and forest
degradation. The bill provides $20,000,000 for conservation
programs in the Brazilian Amazon and $15,000,000 for such
programs in the Andean Amazon, of which $10,000,000 is for
strengthening the capacity of indigenous organizations to
protect the biodiversity of their territories. The bill
provides $21,000,000 for the Congo Basin Forest Partnership,
of which USAID is directed to provide not less than
$9,000,000 to the United States Fish and Wildlife Service
(USFWS) for its programs in central Africa, including to
protect great apes.

Climate Change and Environment
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
USAID Biodiversity programs................................ 215,000
Brazilian Amazon (non-add)............................. [20,000]
Andean Amazon (non-add)................................ [15,000]
Indigenous capacity building (non-add)................. [10,000]
Congo Basin Forest Partnership (non-add) [21,000]
of which for USFWS programs in central Africa (non-add) [9,000]
USAID Climate Change programs.............................. 390,000
Adaptation............................................. 145,000
Clean Energy........................................... 120,000
Sustainable Landscapes................................. 125,000
Department of State Climate Change programs................ 129,300
Least Developed Countries Fund (non-add)............... [45,000]
Special Climate Change Fund (non-add).................. [25,000]
Western Hemisphere climate change...................... [10,000]
Global Environment Facility................................ 143,750
Clean Technology Fund...................................... 315,000
Strategic Climate Fund..................................... 205,000
United Nations climate change programs..................... 58,500
Tropical Forest Conservation Act........................... 20,000
TOTAL, Climate Change and Environment.............. 1,476,550
Subtotal, State/USAID.................................. 792,800
Subtotal, Treasury..................................... 683,750
------------------------------------------------------------------------

USAID is directed to provide $10,000,000 for microfinance
solar energy programs and to continue to consult with the
Committees on Appropriations on implementation of these
programs.
USAID is directed to implement microfinance and
microenterprise programs, as specified in Senate Report 111-
237. USAID is directed to develop a strategy to ensure that
implementing organizations are providing fair interest rates
to borrowers.
USAID is directed to expand programs that address property
rights, and land tenure issues, taking into special
consideration gender issues.
USAID is directed to implement the American Schools and
Hospitals Abroad program, as specified in Senate Report 111-
237.
USAID is directed to integrate schools and educational
programs, as appropriate, in health and development programs
in order to continue to implement the ``Communities of
Learning'' model and to consult with the Committees on
Appropriations on a regular basis on these efforts. USAID is
directed to increase its attention to the quality of
education provided through United States-funded efforts and
to prioritize measurement of early grades reading skills,
including evidence-based instructional approaches, support
for ministries in developing countries, high quality
curricula, teaching and learning programs, and the systematic
measurement of reading gains made by children in USAID-
supported schools. Results of these assessments should be
used to direct changes to existing programs, expand access to
these tools in countries that are currently not measuring
quality, and to begin development of math measurement tools.
Section 7062 of the bill provides that funding under the DA
and ESF headings can be used to support transitional
education programs in humanitarian and other emergency
situations.
Progress has been made in the past year to strengthen and
streamline the World Bank's Education for All Fast Track
Initiative (FTI). The bill provides not less than $25,000,000
for the FTI in fiscal year 2011. USAID should continue its
leadership role on the Executive Board and continue to
provide assistance in the area of monitoring and evaluation.
Basic education funding should be used to support
implementation of reforms to develop a performance-based
financing system based on mutual accountability between
donors and recipients for achieving measurable results in
access and quality; further expand civil society
participation in governance; and build the FTI's capacity to
act as a supervising entity to independently manage,
disburse, and monitor the FTI's fund, with the World Bank
moving to a financial intermediary role.
USAID shall follow the funding directives related to higher
education programs, as specified in Senate Report 111-237.
USAID shall follow the directive related to child marriage
programs, as specified in Senate Report 111-237.
USAID is directed to provide the report to the Committees
on Appropriations on women's economic opportunities, as
specified in House Report 111-187.
USAID and the Department of State are directed to continue
to support programs that protect the rights of workers from
inhumane working conditions and unfair wages. Such programs
should be supported centrally through funding for labor
programs under the Democracy Fund, and they should be made a
priority in country programs in Mexico, Haiti, Sri Lanka,
Bangladesh, Indonesia, the Philippines, Vietnam, Pakistan and
Iraq.
USAID is directed to implement the victims of torture
program, as specified in Senate Report 111-237.
USAID and the Department of State are directed to provide
the report on the prevention and response to gender-based
violence, as specified in Senate Report 111-237.
USAID is directed to implement the safe water and
sanitation program, as specified in Senate Report 111-237.
USAID is directed to collaborate with United States small
businesses specializing in developing country water
purification, desalination and pumping stations powered with
renewable energy technologies to ascertain critical
countries, market sectors, financing/grant leveraging from
the private sector and other Federal financing and export
assistance programs, including those of multinational lending
institutions, philanthropic and service organizations serving
developing countries. In addition, USAID should make funding
available for developing countries hit hardest by natural and
human-caused disasters, and these funds should be directed
toward projects using renewable energy powered water
applications.
USAID is directed to implement university programs, as
specified in Senate Report 111-237 and in House Report 111-
187, and provide the requested report.
USAID is encouraged to implement Volunteers for Prosperity
in a timely manner.
The bill provides $22,500,000 for women's leadership
capacity building, of which $5,000,000 shall be implemented
jointly by the Office of Global Women's Issues at the
Department of State and overseas mission personnel. These
funds should support projects that promote women's political,
economic and social advancement in developing countries.
Project proposals should not exceed $200,000 and should
support activities such as education, political empowerment,
food security, climate change, gender-based violence,
economic opportunity and entrepreneurship, property rights,
and legal reform.
USAID and the Department of State shall follow the
directive related to natural resource transparency in the
allocation of extraction licenses and contracts, and the use
of revenues; and to include benchmarks for effective natural
resource management, transparency and accountability, as
specified in Senate Report 111-237. USAID should ensure that
funds are available for such programs in Liberia, Sierra
Leone, Ghana, Angola, Nigeria, Cte d'Ivoire, and for the
countries participating in the Congo Basin Forest
Partnership.
USAID shall follow the directives related to Angola, South
Africa, and Zimbabwe in Senate Report 111-237.
USAID is directed to support programs in Ethiopia, above
the requested funding level, that strengthen rule of law and
governance, including programs that promote political
expression and association, media freedom, and human rights,
especially through civil society strengthening.
USAID is directed to support programs in Ghana, above the
requested funding level, that strengthen rule of law and
increase government accountability as it relates to oil and
other natural resources.
USAID is directed to support programs in Rwanda, above the
requested funding level, that support political expression
and association, media freedom, and human rights, including
through civil society strengthening.
USAID is directed to provide $1,500,000 to the Department
of the Interior for biodiversity and archeological
conservation, governance and law enforcement programs in
Guatemala, as specified in Senate Report 111-237. In
addition, the Secretary of State is directed to report not
later than 120 days after enactment of this Act on the role
that United States assistance plays in addressing the needs
of Guatemalan women and girls who have been the victims of
violence.
USAID and the Department of State are directed to continue
to prioritize programs in northern Uganda related to
transitional justice and reconciliation. In addition, the
Department of State is directed to provide election
monitoring reports, as specified in Senate Report 111-237.
USAID shall follow the directive related to funding for
rainwater collection or other access to potable water for
rural Ecuadorians affected by oil contamination, as specified
in Senate Report 111-237. USAID is further directed to assist
the Government of Ecuador regarding best practices for
remediation and to work with the Ministry of Health in
providing diagnosis and treatment for illnesses resulting
from oil contamination.
The Department of State and USAID should consider proposals
from the following organizations, in addition to those listed
under the Proposals heading in Senate Report 111-237, which
shall be considered in full and open competition, and in
accordance with all applicable rules and regulations: Texas
A&M University; Borlaug Global Rust Initiative; Esperanza;
Florida Association for Volunteer Action in the Caribbean and
Americas; Sanctuary of Moses Villages; Alfalit; OneWorld
2011; Population Media Center; Scholarships for Education and
Economic Development; Empower Peace Foundation; Raphael
Lemkin Center; University of Massachusetts-Boston Forum for
Cities in Transition from Conflict; Millennium Water
Alliance; Center for Victims of Torture; Women's Campaign
International; and Leitner Center for International Law and
Justice at Fordham Law School.
The Department of State and USAID should consider proposals
from the following institutions, among others, including
those listed under the University Programs heading in Senate
Report 111-237, which shall be considered in full and open
competition, and in accordance with all applicable rules and
regulations: Marquette University; University of Kentucky;
Monterrey Institute for International Studies; Daystar
University; and Monmouth University.
USAID should consider proposals from the following
institutions, among others, including those listed under the
American Schools and Hospitals Abroad Program heading in
Senate Report 111-237, which shall be considered in full and
open competition, and in accordance with all applicable rules
and regulations: American University of Armenia and Ashdod
Emergency Medical Center.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa:
Kenya.................................................. 86,191
Senegal................................................ 75,150
Tribunal (non-add)................................. [2,000]
South Africa........................................... 20,000
Teacher training (non-add)......................... [5,000]
Uganda................................................. 75,000
Programs in northern Uganda (non-add).............. [10,000]
East Asia and the Pacific:
China.................................................. 15,000
Indonesia.............................................. 142,886
Human rights programs (non-add).................... [500]
United States Forest Service (USFS) REDD programs [500]
(non-add).........................................
Philippines............................................ 35,000
Thailand............................................... 6,151
Timor-Leste............................................ 20,200
Vietnam................................................ 25,000
South and Central Asia:
Nepal...................................................... 6,200
Nepalese environmental organizations (non-add)..... [200]
Western Hemisphere:
Ecuador................................................ 28,000
Rainwater collection programs (non-add)............ [500]
El Salvador............................................ 27,000
Salvadoran National Police Inspector General (non- [200]
add)..............................................
Guatemala.............................................. 48,000
Department of the Interior conservation programs [1,500]
(non-add).........................................
Mexico................................................. 10,000
Peru................................................... 68,000
Trade capacity building programs................... [16,000]
Global Programs:
Development Grants program............................. 45,000
Reconciliation Programs................................ 11,000
Trade Capacity Building--Central America............... 10,000
------------------------------------------------------------------------

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

The bill provides $6,787,589,000 for Economic Support Fund.
The Department of State and USAID shall follow the
directives related to assistance for the demilitarization of
the mining sector in the DRC, as specified in Senate Report
111-237, including the report on the Administration's efforts
to work with the UN Security Council DRC Sanctions Committee.
In addition, the Department of State and USAID are directed
to consult with the Committees on Appropriations not later
than 45 days after enactment of this Act on implementation of
a strategy on mineral exploitation and gender-based violence.
The Committees on Appropriations direct the Secretary of
State, in consultation with the Secretary of Defense, to
begin initiation of programs outlined in the comprehensive
strategy required under the Lord's Resistance Army and
Northern Uganda Recovery Act of 2009 (Public Law 111-172).
The Department of State and USAID shall follow the
directives related to governance and transparency in the
management of natural resources in Liberia, including the
participation of civil society, as specified in Senate Report
111-237. In addition, USAID should support efforts to
increase access to electricity and to strengthen other key
transportation infrastructure.
USAID should support programs that seek to consolidate and
build upon areas of relative stability in Somalia, including
in Somaliland and Puntland through programs that support
economic growth; address youth idleness and underemployment;
and foster community-based peace-building and conflict
mitigation.
USAID and the Department of State are directed to continue
programs in Sudan that implement the Comprehensive Peace
Agreement, support the January 2011 referendum, and continue
efforts to assist civilians in Darfur. All United
States Government efforts, including those of CSI and the
Special Envoy to Sudan, should be coordinated and should be
complementary to efforts undertaken by multilateral
organizations. The Secretary of State and the
Special Envoy shall provide a joint summary report on the
steps that the League of Arab States (Arab League) and its
member nations, and the Government of the People's Republic
of China (PRC) have taken to help bring an end to the
conflict and restore stability and peace to southern Sudan,
including a description of the Administration's efforts to
engage the Arab League and the PRC to help resolve the
conflict in Darfur.
The Department of State and USAID are directed to consult
with the Committees on Appropriations prior to expanding
programs in Zimbabwe, as provided for in section 7067(h).
Assistance for Cyprus shall support measures aimed at the
reunification of the island. The Department of State shall
provide a report to the Committees on Appropriations on the
uses of funds for programs in Cyprus not later than 90 days
after enactment of this Act. The Department of State and
USAID shall follow the directives related to Cyprus in Senate
Report 111-237.
USAID and the Department of State are directed to work with
the Government of Egypt to identify and support programs
which foster greater economic and educational opportunities
for Egyptians, enhance political participation, and
strengthen regional cooperation between Egypt and its
neighbors. The bill does not include language related to cash
transfer assistance due to the expiration of the memorandum
of understanding on assistance. However, assistance should be
provided in a manner that supports the efforts of the
Government of Egypt to undertake significant economic and
democratic reforms that are in addition to those which were
undertaken in previous fiscal years, including making efforts
to respect due process and the rights of its citizens to
peaceful expression and association. In addition, USAID shall
ensure that funding for scholarships is for Egyptian students
with high financial need at educational institutions in Egypt
that meet standards similar to those required for American
accreditation.
Of the funding made available under this heading for Iraq,
the Department of State should support programs for ethno-
religious minorities, including through assistance for
displaced and refugee populations and for such populations in
the Nineveh Plains region. Further, the Department of State
is directed to report in writing, not later than 45 days
after enactment of this Act, on the planned use of these
funds. Of the assistance provided for Iraq and the Middle
East Partnership Initiative (MEPI), USAID is directed to
provide up to $10,000,000 to support Iraqi women's democracy
initiatives. The Department of State and USAID shall follow
directives related to Iraq in Senate Report 111-237.
USAID shall ensure that funding for scholarships is used
for students in Lebanon with high financial need at
educational institutions in Lebanon that meet standards
similar to those required for American accreditation.
The Department of State shall follow the directives in
Senate Report 111-237 related to scholarship programs managed
by MEPI. The Department of State is directed to consult with
the Committees on Appropriations regarding the strategy to
promote tolerance and combat incitement as required in
section 7041(c), including the programs that will be
established to support the goals of such strategy.
Of the funds provided for West Bank and Gaza, not more than
$200,000,000 is for cash transfer assistance. The
Secretary of State, in consultation with the USAID
Administrator, is directed to report on measures undertaken
to ensure appropriate oversight of United States assistance
programs in Gaza as well as the delivery of humanitarian and
reconstruction assistance. Such report should
identify parties and activities that impede the provision of
such assistance, to include any organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act. The Secretary of
State is further directed to facilitate a meeting between the
relevant Israeli authorities and interested parties to
discuss the matter surrounding the injury sustained by
Tristan Anderson, an American citizen from Oakland,
California, on March 13, 2009, in the West Bank village of
Nilin. The Department of State is also directed to
conduct thorough and transparent investigations of each case
involving the death or serious injury of an American citizen
in the West Bank and Gaza since 2001 and provide the reports
detailing actions taken to investigate American citizen
casualties in the West Bank and Gaza, as specified in Senate
Report 111-237. The Department of State is directed to update
the report required in the explanatory statement accompanying
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law
111-117) on international participation in the economic
development of the West Bank and the Palestinian Authority.
The Secretary of State is directed to provide a
comprehensive spend plan on assistance for Yemen prior to
obligation of funds and should condition assistance for the
Government of Yemen in order to obtain its full support on
shared objectives, to ensure program effectiveness and reduce
corruption.
The Department of State and USAID, in consultation with the
Department of State's Ambassador-at-Large for Global Women's
Issues, are directed to provide not less than $175,000,000 to
address the needs and protect the rights of Afghan women and
girls, including for the Afghan Independent Human Rights
Commission and the Afghan Ministry of Women's Affairs. Such
assistance should be tied to measurable target indicators of
progress in line with the United States Government's Afghan
Women and Girls assistance strategy and the National Action
Plan for Women of Afghanistan, and shall include a focus on
multi-sectoral small grants and capacity building of Afghan
women-led NGOs. Assistance provided should be
tracked and monitored using gender equality indicators and,
to the extent practicable, emphasize capacity building and
sustainability. In addition, USAID shall ensure that
funds are provided for literacy programs for women and girls.
The Department of State is directed to provide the report
related to ammonium nitrate proliferation in Afghanistan, as
specified in Senate Report 111-237.
The Department of State and USAID are directed to provide
not less than $225,000,000 for the National Solidarity
Program in Afghanistan. The Administration has indicated that
additional government-to-government assistance will be
provided for Afghanistan and the Department of State is
directed to ensure that all appropriate precautions are taken
to protect United States taxpayer funds. The National
Solidarity Program may be a recipient of such funds if
appropriate audit and financial controls are in place.
USAID is directed to use the Office of Transition
Initiatives to the maximum extent practicable in areas
impacted by conflict or prone to conflict in Pakistan and
should expand programs that support the development of
independent media and promote democracy and human rights. In
addition, USAID is directed to consult with the Committees on
Appropriations prior to the obligation of funds for the
Pakistan Civilian Assistance Program, which shall be used to
assist civilians who have suffered losses as a result of
military operations. The Department of State is directed to
continue efforts to work with the Government of Pakistan to
expand the licit tax base in Pakistan in order to ensure
sustainability of its programs.
The Department of State is encouraged to provide support
for the implementation of the United States-Colombia Action
Plan on Racial and Ethnic Equality and the United States-
Brazil Joint Action Plan on Racial and Ethnic Equality.
Funding transferred to the Migration and Refugee Assistance
account shall be for emergency relief through international
and indigenous NGOs for Colombian refugees in neighboring
countries. USAID shall ensure that funds provided for Afro-
Colombian and indigenous communities are programmed in
consultation with these communities.
The Department of State and USAID shall follow the
directives related to Haiti, as specified in Senate Report
111-237, and provide $25,000,000 for bilateral basic
education programs that support the Government of Haiti's
basic education plan, which is being coordinated through the
Inter-American Development Bank. Funds to support
Haiti's education sector should only be made available to the
extent that the Secretary of State reports to the Committees
on Appropriations that such funds are matched by other donor
contributions. In addition, USAID should consider
supporting a center for victims of trauma in Haiti.
The Department of State shall follow the directive related
to funding for the Salvadoran National Police Inspector
General's Office, as specified in Senate Report 111-237.
The Secretary of State is directed to provide a report not
later than 90 days after enactment of this Act on how
programs funded under this heading and the DA heading related
to the Merida Initiative are achieving judicial and law
enforcement reforms in Mexico.
The Department of State and USAID shall follow the
directives related to Burma, as specified in Senate Report
111-237. USAID and the Department of State are directed to
fulfill the programming requirements on the Thai-Burma border
and consider expansion of such programs to the Burma-India,
Burma-China, and Burma-Bangladesh borders.
The Department of State and USAID shall follow the
directives related to Cambodia, Nepal, Thailand, and the
Philippines, as specified in Senate Report 111-237.
USAID should support capacity-building programs in
Cambodia, above the requested funding level, that promote
good governance and accountability in the management of
timber and other natural resources, and should include a
credible and comprehensive review of existing natural
resource concessions and technical assistance to establish
procedures to ensure transparency in the allocation and
ownership of future concessions, as specified in Senate
Report 111-237.
The Department of State and USAID shall follow the
directives related to Tibet, as specified in Senate Report
111-237. The Special Coordinator for Tibetan Issues should
play an active role in the allocation of funds for programs
and activities in Tibet, as authorized by Public Law 107-223.
USAID should consider expanding its Tibetan program by
assisting in long-term earthquake recovery in the Yushu
region.
The Department of State and USAID shall follow the
directives related to environmental remediation of dioxin-
contaminated sites and related health/disability activities
in Vietnam, as specified in Senate Report 111-237.
The Department of State is directed to continue the
Civilian Science Research Initiative through programs that
engage scientists in the establishment of new international
cooperative research and development partnerships that
provide former weapons scientists with the opportunity to
participate in scientific research with their civilian
counterparts and to develop skills relevant for sustained
civilian employment.
The Department of State and USAID are directed to expand
programs that promote transparency, accountability, and civil
society participation related to the allocation of licenses
and contracts for natural resources. USAID and the Department
of State shall follow the directive related to natural
resources transparency and the Kimberley Process, as
specified in Senate Report 111-237.
The Department of State and USAID shall follow the
directives related to the Global Engagement initiative, as
specified in Senate Report 111-237. Total funding for the
initiative is detailed in the following table:

GLOBAL ENGAGEMENT INITIATIVE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Diplomatic and Consular Programs........................... 3,500
Educational and Cultural Exchange Programs................. 13,500
Economic Support Fund...................................... 33,000
------------
TOTAL, Global Engagement initiative.................... 50,000
------------------------------------------------------------------------

The Department of State is directed to ensure that polio
vaccination efforts are incorporated into programs in
Pakistan and Afghanistan.
The Department of State, through the Office of Oceans and
International Environment and Scientific Affairs (OES), is
directed to explore the possibility of the Global Environment
Facility (GEF) providing developing countries with the option
of nominating a national entity which meets agreed fiduciary
standards to receive funding directly from the GEF and to
undertake reforms to ensure the timely endorsement of
National Adaptation Programme of Action projects. OES is also
directed to work with the Forest Carbon Partnership Facility
management team to ensure implementation of the World Bank's
safeguard policies at all stages of the strategy process,
including prior to the disbursement of grants.
The Secretary of State is directed to consult with other
United States Government agencies and refugee assistance
organizations, as appropriate, to develop strategies to
respond to projected increases in short and long-term
displacement of people by climate change-related hazards,
such as floods, droughts and desertification causing
decreases in agricultural productivity and the availability
of water, and rising sea levels, and provide a report to the
Committees on Appropriations detailing such strategies not
later than 180 days after enactment of this Act.
The Department of State and USAID shall follow the
directives related to Reconciliation Programs, as specified
in Senate Report 111-237. USAID is directed to fund as many
people-to-people activities as possible and to provide an
annual report on the status of applications and funding for
programs to the Committees on Appropriations not later than
May 1, 2011.
USAID and the Department of State should ensure that
trafficking programs include technical assistance to help
countries meet minimum standards to prevent trafficking,
prosecute perpetrators, protect victims (including at long-
term residential rehabilitation facilities, where
appropriate), and support research initiatives. The
Department of State and USAID should ensure that assistance
programs do not increase vulnerability to, or prevalence of,
trafficking and slavery. Increased funding is
provided for anti-trafficking activities in sub-Saharan
Africa. The Department of State and USAID are directed to
ensure that programs in India and Cambodia will continue to
assist victims of trafficking, rape and other sexual
violence, to improve the capacity of government institutions,
including the judiciary, law enforcement (as appropriate),
and civil society organizations, and to combat human
trafficking and violence against women and children. Programs
should be put in place to assist Haitian children living in
bondage, known as ``restaveks''. Total funding for
trafficking in persons programs is detailed in the following
table:

TRAFFICKING IN PERSONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account authority
------------------------------------------------------------------------
Diplomatic and Consular Programs--Operations............... 6,410
Development Assistance--Country Programs................... 6,250
Economic Support Fund...................................... 14,700
Office to Combat Trafficking in Persons (non-add)...... 12,000
Country Programs (non-add)............................. 2,700
Assistance for Europe, Eurasia and Central Asia............ 6,282
International Narcotics Control and Law Enforcement for the 9,400
Office to Combat Trafficking in Persons...................
------------
Total, Trafficking in Persons...................... 43,042
------------------------------------------------------------------------

The Department of State and USAID shall follow the
directives related to wheelchair and disability programs;
forensic assistance programs; and the Near East Regional
Democracy programs, as specified in Senate Report 111-237.
The Committees on Appropriations note that continued
funding for the International Fund for Ireland is provided
under this heading, and intend that this will be the final
United States contribution to the Fund.
The Department of State and USAID should consider proposals
from the following organizations, in addition to those listed
under the Proposals heading in Senate Report 111-237, which
shall be considered in full and open competition, and in
accordance with all applicable rules and regulations:
University of Massachusetts, Boston; Street Law; Education
for Employment Foundation; Hebrew University; Florida
Association of Volunteer Action in the Caribbean; The Bridge
Fund; CURE International Hospital and Family Health Center in
Kabul; Alliance for Middle East Peace (including Seeds of
Peace); American Bar Association Rule of Law Initiative;
National Center for State Courts; and Cross International.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/program authority
------------------------------------------------------------------------
Africa:
DRC.................................................... 69,000
Mining sector programs (non-add)................... [10,000]
Liberia................................................ 140,000
Sierra Leone........................................... 18,000
Special Court (non-add)............................ [4,500]
Somalia................................................ 25,818
Sudan.................................................. 270,210
Zimbabwe............................................... 50,200
Basic education programs (non-add)................. [5,000]
East Asia and the Pacific:
Burma.................................................. 37,500
Cambodia............................................... 42,800
North Korea democracy assistance....................... 3,500
Philippines............................................ 35,000
Thailand conflict resolution........................... 2,500
Tibet.................................................. 7,500
Vietnam................................................ 15,000
Environmental remediation of dioxin-contamination [15,000]
and related health/disability activities (non-add)
Europe and Eurasia:
Cyprus................................................. 11,000
International Fund for Ireland......................... 15,000
Near East:
Egypt.................................................. 250,000
Democracy, governance, and human rights programs [20,000]
(non-add).........................................
Education programs (non-add)....................... [35,000]
Scholarships (non-add)............................. [10,000]
Iraq................................................... 300,000
Marla Ruzicka Fund (non-add)....................... [5,000]
Programs for ethno-religious minorities (non-add).. [20,000]
Jordan................................................. 360,000
Lebanon................................................ 109,000
Scholarships (non-add)............................. [12,000]
USFS (non-add)..................................... [500]
Tunisia economic development and human rights programs. 2,000
West Bank and Gaza..................................... 400,400
Local NGOs operating in the West Bank to strengthen [3,000]
civil society and improve social services for the
Palestinian people (non-add)......................
Yemen.................................................. 37,000
Near East Regional Democracy........................... 40,000
Internet freedom (non-add)......................... [10,000]
MERC and MEM........................................... 5,000
USAID Middle East Regional for USFS programs in Egypt.. 100
Middle East Partnership Initiative..................... 70,000
Scholarships (non-add)............................. [11,000]
TSCTP.................................................. 6,000
South and Central Asia:
Afghanistan............................................ 2,100,000
Afghan Civilian Assistance Program (non-add)....... [20,000]
National Solidarity Program (non-add).............. [225,000]
Programs for women and girls (non-add)............. [175,000]
Nepal.................................................. 35,000
Pakistan............................................... 1,275,000
Pakistan Civilian Assistance Program (non-add)..... [10,000]
Sri Lanka.............................................. 5,000
South and Central Asia Regional........................ 4,500
Western Hemisphere:
Colombia............................................... 195,000
Cuba................................................... 20,000
Guatemala.............................................. 5,000
Haiti.................................................. 166,281
Technical assistance for electricity production and [2,000]
distribution (non-add)............................
Basic education programs (non-add)................. [25,000]
Mexico................................................. 10,000
Caribbean Basin Security Initiative.................... 15,000
Global Programs:
Disability Programs.................................... 5,000
USAID programs to address the needs of, and protect [2,500]
and promote the rights of, people with
disabilities (non-add)............................
Support and promote independent living centers (non- [1,500]
add)..............................................
Sports programs (non-add).......................... [1,000]
Extractive Industries.................................. 5,000
House Democracy Assistance Commission.................. 2,000
Kimberley Process...................................... 3,000
Support for Vice Chair activities (non-add)........ [500]
Leahy War Victim Fund.................................. 14,000
Reconciliation Programs................................ 16,000
Title VIII............................................. 5,000
Trade Capacity Building--Central America............... 10,000
Wheelchair Programs.................................... 5,000
------------------------------------------------------------------------

DEMOCRACY FUND

The bill provides $115,000,000 for Democracy Fund.
As part of its human rights programming, the Department of
State is directed to consider programs that support
international religious freedom and promote human rights of
vulnerable populations, including in countries where the
annual Department of State Human Rights Report has documented
human rights violations.
The Department of State should consider the proposal listed
under the Proposal heading in Senate Report 111-237, which
shall be considered in full and open competition, and in
accordance with all applicable rules and regulations.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

DEMOCRACY FUND
[Budget Authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/activity authority
------------------------------------------------------------------------
China, Hong Kong, Taiwan............................... 20,000
Internet access and freedom............................ 7,500
Unallocated............................................ 41,000
------------
Human Rights and Democracy Fund............................ 68,500
Elections and Political Process Fund................... 30,000
International Labor Programs........................... 9,000
Support for Human Rights, Media and Rule of Law........ 7,500
------------
USAID, DCHA/DG............................................. 46,500
------------
Total, Democracy Fund.............................. 115,000
------------------------------------------------------------------------

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

The bill provides $709,000,000 for Assistance for Europe,
Eurasia and Central Asia.
The Department of State should provide up to $8,000,000 to
address ongoing humanitarian needs and the plight of victims
of the Nagorno-Karabakh conflict, in a manner consistent with
prior years.
The Department of State is directed to provide $8,500,000
for the North Caucasus for immediate and long-term needs of
conflict-affected populations, as specified in Senate Report
111-237, subject to prior consultation with the Committees on
Appropriations.
Of the funds made available for Organization for Security
and Cooperation in Europe (OSCE), the Department of State is
directed to provide not less than $210,000 to support OSCE's
education and police initiatives to combat anti-Semitism in
Europe and Eurasia.
The Department of State and USAID should make assistance
available for Roma communities who are experiencing
discrimination and violence in some European countries
through organizations working to protect Roma and their
culture.
The Department of State shall follow the directives related
to the USFS in Russia and Ukraine, as specified in Senate
Report 111-237.
The Committees on Appropriations support negotiations
toward a peaceful settlement of the ongoing dispute between
Armenia and Azerbaijan over the status of Nagorno-Karabakh
and continue to encourage all parties to refrain from threats
of violence, the use of inflammatory rhetoric or incitement
to the use of force. The Committees on Appropriations note
that section 907 of Public Law 102-511 is still in effect and
the Secretary of State is directed to provide a report not
later than 90 days after enactment of this Act, analyzing the
effectiveness of section 907 in furthering a resolution to
the conflict that includes recommendations for increasing
opportunities for reconciliation between parties.
The Department of State is directed to provide a report to
the Committees on Appropriations related to the extent to
which the Government of Serbia is taking steps to end Serbian
support of Republika Srpska institutions, as specified in
Senate Report 111-237.
The Department of State and USAID should consider proposals
from the following organizations, in addition to those listed
under the Proposals heading in Senate Report 111-237, which
shall be considered in full and open competition, and in
accordance with all applicable rules and regulations:
Civilian Research and Development Foundation; American Jewish
Joint Distribution Committee; Miramed; and the School of
Public Service at the American University in Kosovo.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

Assistance for Europe, Eurasia and Central Asia
[BUDGET AUTHORITY IN THOUSANDS OF DOLLARS]
------------------------------------------------------------------------
Budget
Country authority
------------------------------------------------------------------------
Central Asia:
Kazakhstan............................................. 10,400
Kyrgyz Republic........................................ 40,000
Tajikistan............................................. 40,000
Turkmenistan........................................... 10,000
Uzbekistan............................................. 8,250
Regional--Central Asia................................. 6,700
------------
Subtotal, Central Asia............................. 115,350
Europe and Eurasia:
Albania................................................ 20,000
Armenia................................................ 40,000
Azerbaijan............................................. 22,120
Belarus................................................ 14,000
Bosnia and Herzegovina................................. 42,000
Office of the High Representative (non-add)............ [3,700]
Georgia................................................ 68,000
Kosovo................................................. 79,000
Macedonia.............................................. 22,000
Moldova................................................ 20,000
Montenegro............................................. 8,000
Russia................................................. 58,000
North Caucasus (non-add)............................... [8,500]
Serbia................................................. 48,000
Ukraine................................................ 85,000
Regional--Europe and Eurasia........................... 67,530
============
Subtotal, Europe and Eurasia....................... 593,650
============
Total, Assistance for Europe, Eurasia and Central Asia..... 709,000
------------------------------------------------------------------------

Department of State

MIGRATION AND REFUGEE ASSISTANCE

The bill provides $1,685,000,000 for Migration and Refugee
Assistance, of which $35,000,000 is provided to respond to
small-scale emergency humanitarian requirements of
international and NGO partners and not less than $25,000,000
is for refugees resettling in Israel.
The Secretary of State should consider the guidance
included under this heading in Senate Report 111-237
concerning refugees from countries in Africa (Somalia, Uganda
and Eritrea), the Near East (Iraq), the Western Hemisphere
(Colombia) and South Asia (Burma and Laos) as allocation and
policy decisions are made for fiscal year 2011. The Secretary
of State also should work with the Office of the UN High
Commissioner for Refugees to develop durable solutions for
Zimbabwean refugees.
Funds are provided to continue assistance for Tibetan
refugees in India and Nepal. The Secretary of State should
work with the Government of Nepal to address the problem of
safe passage for Tibetan refugees, as noted in Senate Report
111-237.
Section 7041(e) continues the accountability report
concerning assistance for the UN Relief and Works Agency.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

The bill provides $45,000,000 for United States Emergency
Refugee and Migration Assistance Fund (ERMA) and amends the
Migration and Refugee Assistance Act of 1962 to authorize the
Secretary of State to make the required determination for the
release of ERMA funds and to raise the cumulative cap to
$200,000,000.

Independent Agencies

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $425,000,000 for Peace Corps.
The Peace Corps is directed to provide a report to the
Committees on Appropriations not later than 90 days after
enactment of this Act on the implementation of the Peace
Corps' comprehensive agency assessment, including the
rationale for the geographic and sectoral distribution of
volunteers and efforts to pilot new, technical programs
through an expanded Peace Corps Response Corps, or similar
short-term missions.
The Peace Corps is directed to provide a report to the
Committees on Appropriations on the implementation of the
Peace Corps Office of Inspector General's recommendations in
the Report on Volunteer Safety and Security (IG-10-08-A) not
later than 90 days after enactment of this Act.

MILLENNIUM CHALLENGE CORPORATION

(INCLUDING TRANSFER OF FUNDS)

The bill provides $1,105,000,000 for Millennium Challenge
Corporation (MCC).
The MCC is directed to continue to provide the spending
plan as specified in the explanatory statement accompanying
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law
111-117).
The MCC is directed to submit a report to the Committees on
Appropriations not later than 90 days after enactment of this
Act, which includes an assessment of the current practices,
procedures and recommendations related to efforts to monitor
and address patterns of corruption in MCC compact countries;
and specific actions that the MCC will take to improve these
efforts and the processes in place to determine whether the
level of corruption warrants suspension or termination of the
MCC compact.
In February 2008, the United States recognized Kosovo as a
sovereign and independent state and as such Kosovo should be
eligible for consideration of MCC assistance, in accordance
with the MCC's regular procedures and operations.
The Chief Executive Officer of the MCC shall continue to
implement funding restrictions for military assistance and
training, and reimburse USAID for all expenses incurred, as
directed in prior years.
Section 7085 of this Act provides authority permitting the
MCC to support concurrent and subsequent compacts, subject to
conditions, and to preserve income classification for certain
countries.

AFRICAN DEVELOPMENT FOUNDATION

The bill provides $30,500,000 for African Development
Foundation (ADF).
The ADF has made progress in the past two years in reducing
overhead expenses and prioritizing program spending. ADF
should consider further organizational restructuring,
consolidation of administrative services with similar
organizations, purchase of services within the United States
Government, and, where appropriate, selective outsourcing.
The President of ADF shall report to the Committees on
Appropriations not later than 90 days after enactment of this
Act on the actions ADF will take in fiscal year 2011 to
further reduce administrative costs, as specified in Senate
Report 111-237.

Department of the Treasury

DEBT RESTRUCTURING

The bill provides $56,000,000 for Debt Restructuring, of
which up to $36,000,000 may be used for debt relief for
Haiti, and not less than $20,000,000 is to support
implementation of the Tropical Forest Conservation Act.

TITLE IV

INTERNATIONAL SECURITY ASSISTANCE

Department of State

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

(INCLUDING TRANSFER OF FUNDS)

The bill provides $1,590,000,000 for International
Narcotics Control and Law Enforcement. The Secretary of State
is directed to notify in writing and provide justification to
the Committees on Appropriations within 5 days of exercising
``notwithstanding'' authority under this heading.
The Department of State is directed to ensure that all
training of foreign security forces funded under this heading
shall include a comprehensive human rights component and that
all United States laws regarding human rights, including
section 620M of the Foreign Assistance Act of 1961, as
amended by this Act, are consistently applied to assistance
funded under this heading.
The Department of State shall follow the directive related
to funding and a multi-year plan for the continued operation
of the International Law Enforcement Academy (ILEA) at
Roswell, New Mexico, as specified in Senate Report 111-237.
The ILEAs shall incorporate gender-based violence training
into its programs, as appropriate.
The Secretary of State is directed to submit a report not
later than 180 days after enactment of this Act, briefly
describing, on a country-by-country basis, justice reform,
rule of law, and police training programs to be funded by the
Department of State and other Federal agencies abroad in
fiscal year 2011, including the objectives and intended
results of such programs; the extent to which such programs
are coordinated with country strategies established by USAID
and the Department of State, and those of multilateral
donors, as appropriate; the mechanisms for monitoring such
funds; and the metrics for measuring progress in achieving
results.
The Department of State is directed to report to the
Committees on Appropriations not later than 45 days after
enactment of this Act on the proposed uses of funding for
Colombia's judicial agencies, including activities to be
supported, how the assistance program is designed and the
benchmarks that have been established to meet the stated
goals.
The Department of State shall follow the directive related
to the Office of the Ombudsman Delegate for the Rights of
Children, Youth, and Women in Colombia, as specified in
Senate Report 111-237.
The Department of State is directed to provide forensic
equipment and training to states and localities in Mexico
that have the highest rate of homicide and other violent
crime to ensure local law enforcement agencies have the
necessary tools to solve and prosecute these cases.
Additionally, the Department of State shall follow the
directives related to the interoperability of law enforcement
communications equipment and technology, as specified in
Senate Report 111-237.
The Department of State is directed that unless otherwise
noted, funding for global programs under this heading shall
be presumed to be at the request level.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Afghanistan................................................ 375,000
Bolivia.................................................... 14,000
Colombia................................................... 196,500
Guatemala.................................................. 4,000
CICIG (non-add)........................................ [4,000]
Haiti...................................................... 15,249
Indonesia.................................................. 11,570
Iraq....................................................... 162,000
Lebanon.................................................... 30,000
Liberia.................................................... 17,000
Mexico..................................................... 100,000
Nepal...................................................... 4,000
Pakistan................................................... 120,000
Paraguay................................................... 1,000
Peru....................................................... 37,000
Sudan...................................................... 32,000
Yemen...................................................... 11,000
Central America Regional Security Initiative (CARSI) 57,056
(Western Hemisphere Regional).............................
Caribbean Basin Security Initiative (CBSI)................. 22,500
Combating Copyright Piracy................................. 5,000
International Law Enforcement Academies.................... 37,200
Roswell, New Mexico (non-add).......................... [5,000]
Office to Monitor and Combat Trafficking in Persons........ 9,400
Unallocated................................................ 328,525
------------
Total, International Narcotics Control and Law 1,590,000
Enforcement.......................................
------------------------------------------------------------------------

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

The bill provides $740,000,000 for Nonproliferation, Anti-
terrorism, Demining and Related Programs. The Secretary of
State is directed to notify in writing and provide
justification to the Committees on Appropriations within 5
days of exercising ``notwithstanding'' authority under this
heading.
The bill does not include requested authorization language
and funding regarding a new ``Countering Violent Extremism''
program/account. The Committees on Appropriations provide
funding for these programs under ESF.
The bill provides not less than $7,000,000 for the removal
of cluster munitions and other unexploded ordnance in Laos
and not less than $3,500,000 for humanitarian demining
activities in Vietnam. The Department of State shall follow
the directive related to international demining in Senate
Report 111-237.
The Department of State is directed to provide a report, as
specified in Senate Report 111-237, describing the
circumstances known to the Secretary that led to the release
of convicted Lockerbie bomber Abdelbaset Ali Mohmend al-
Megrahi from a Scottish prison.
Funds in this account are allocated according to the
following table, and are subject to the provisions of section
7019 of this Act:

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs Authority
------------------------------------------------------------------------
Nonproliferation Programs
1Nonproliferation and Disarmament Fund................. 57,000
Export Control and Related Border Security Assistance.. 61,520
Global Threat Reduction................................ 71,000
Biosecurity Engagement Program (non-add)............. [37,000]
1IAEA Voluntary Contribution........................... 79,500
CTBT International Monitoring System................... 33,000
1Weapons of Mass Destruction Terrorism................. 2,000
UN Security Council Resolution 1540 Trust Fund......... 3,000
CTBTO Preparatory Commission--Special Contributions.... 7,767
------------
Subtotal--Nonproliferation Programs................ 314,787
Anti-Terrorism Programs
Anti-terrorism Assistance.............................. 205,103
Terrorist Interdiction Program......................... 43,050
CT Engagement with Allies.............................. 10,000
Counterterrorism Financing............................. 20,950
Countering Violent Extremism........................... 0
------------
Subtotal--Anti-Terrorism Programs.................. 279,103
Regional Stability & Humanitarian Assistance
Conventional Weapons Destruction....................... 139,110
Humanitarian Demining Program (non-add).............. [79,610]
Small Arms/Light Weapons Destruction (non-add)....... [59,500]
------------
International Trust Fund............................... 7,000
------------
Subtotal--Regional Stability & Humanitarian 146,110
Assistance........................................
============
Total, Nonproliferation, Anti-terrorism, 740,000
Demining, and Related Programs..................
------------------------------------------------------------------------

PEACEKEEPING OPERATIONS

The bill provides $305,000,000 for Peacekeeping Operations.
The Committees on Appropriations support the efforts of the
Multinational Force and Observers mission in the Sinai, and
endorse continued funding for force protection efforts.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
DRC.................................................... 22,000
Liberia................................................ 5,000
Somalia................................................ 5,000
AMISOM (UNSOA)\1\--Assessed peacekeeping costs......... 55,918
Sudan.................................................. 42,000
Trans-Sahara Counter-terrorism Program................. 20,000
Africa Regional........................................ 15,600
East Africa Regional Strategic Initiative (EARSI).... [10,000]
Africa Conflict Stabilization and Border Security.... [5,600]
Unallocated............................................ 20,000
------------
Subtotal--Africa................................... 185,518
Global
Global Peace Operations Initiative..................... 93,482
Multinational Force and Observers...................... 26,000
============
Subtotal--Global................................... 119,482
------------
Total, Peacekeeping Operations................... 305,000
------------------------------------------------------------------------
\1\Requested within Contributions for International Peacekeeping
Activities account.

Funds Appropriated to the President

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The bill provides $107,000,000 for International Military
Education and Training (IMET), of which $3,500,000 is
available until expended. The bill includes a general
provision (section 7067(a)(1)) that provides that assistance
for Angola, Cameroon, Central African Republic, Chad, Cote
d'Ivoire, Guinea and Zimbabwe may be made available only for
training related to international peacekeeping operations and
expanded international military education and training (E-
IMET). The bill prohibits funding for Equatorial Guinea and
Somalia, and funding for the Krygyz Republic is restricted to
E-IMET only.
The Department of State is directed that unless otherwise
indicated in the table, funding for countries under this
heading shall be presumed to be at the request level.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

INTERNATIONAL MILITARY EDUCATION AND TRAINING
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Armenia.................................................... 450
Azerbaijan................................................. 450
Colombia................................................... 1,695
East Asia and Pacific Regional............................. 230
Egypt...................................................... 1,400
Equatorial Guinea.......................................... 0
Guatemala.................................................. 825
Haiti...................................................... 220
Kyrgyz Republic (E-IMET only).............................. 500
Mexico..................................................... 1,100
Pakistan................................................... 4,100
Somalia.................................................... 0
Sudan...................................................... 225
Tunisia.................................................... 1,325
Turkey..................................................... 4,500
Vietnam.................................................... 450
IMET Administrative Costs.................................. 5,120
------------------------------------------------------------------------

FOREIGN MILITARY FINANCING PROGRAM

The bill provides $5,440,000,000 for Foreign Military
Financing Program (FMF).
The Committees on Appropriations recognize the challenges
facing Guatemala from narcotics trafficking, organized crime,
and clandestine groups that target social and political
activists, provide $1,000,000 for FMF programs for the
Guatemalan Navy and Air Force, and permit assistance for the
Army Corps of Engineers for limited purposes, while
continuing to restrict funding for the Guatemalan Army in a
general provision (section 7044(d)(2)) and subject to the
conditions specified in Senate Report 111-237.
Prior to the obligation of funds under this heading for
Honduras, the Secretary of State is directed to report to the
Committees on Appropriations that the Armed Forces of
Honduras have withdrawn from internal policing and other
civilian activities.
The Department of State shall provide the report, as
specified in Senate Report 111-237, regarding Morocco.
The Department of State shall provide the report regarding
Sri Lanka, as specified in Senate Report 111-237, to include
crimes against humanity, war crimes, and violations of
international humanitarian law.
Section 7068(d)(1) requires the Secretary of State to
report to the Committees on Appropriations on Indonesia as
specified in Senate Report 111-237, including on the steps
taken to guarantee freedom of expression in Papua and the
southern Moluccan Islands. Additionally, the Department of
State is directed to consult with the Committees on
Appropriations prior to any decision to provide training or
other assistance to Unit 81 of the Indonesian Special Forces
(Kopassus).
Section 7068(g) withholds from obligation $3,000,000 of
funds under this heading for the Philippines, until the
Secretary of State provides the report to the Committees on
Appropriations, as specified in Senate Report 111-237.
The Secretary of State is directed to report to the
Committees on Appropriations on the events leading up to and
surrounding the violent ethnic clashes in Osh, Kyrgyz
Republic in June, 2010. The report should include whether
there were any attempts to destabilize the government, the
parties implicated in such efforts, and the involvement of
any factions or units of Kyrgyz Republic Armed Forces. In
addition, the Committees on Appropriations direct that
pursuant to section 620M of the Foreign Assistance Act of
1961, as amended by this Act, assistance may not be provided
for any unit of the Kyrgyz Republic Armed Forces if the
Secretary of State has credible information that such unit
has committed a gross violation of internationally recognized
human rights.
The Committees on Appropriations are concerned with reports
of the use of torture by units of the Bahraini Ministry of
Interior's Criminal Investigations Directorate and the
Bahrain National Security Agency, and the Department of State
is directed to consult with the Committees if it intends to
provide assistance to such units.
Funds in this account are allocated, unless otherwise
noted, according to the following table, subject to the
provisions of section 7019 of this Act:

FOREIGN MILITARY FINANCING PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Armenia.................................................... 3,500
Azerbaijan................................................. 3,500
Bahrain.................................................... 19,500
Cambodia................................................... 500
Colombia................................................... 44,500
Maritime Interdiction and Riverine Operations (non-add).... [12,500]
Egypt...................................................... 1,300,000
Ethiopia................................................... 843
Georgia.................................................... 16,000
Guatemala.................................................. 1,000
Haiti...................................................... 1,600
Indonesia.................................................. 22,000
Israel..................................................... 3,000,000
Jordan..................................................... 300,000
Lebanon.................................................... 100,000
Mexico..................................................... 6,000
Morocco.................................................... 9,000
Oman....................................................... 13,000
Pakistan................................................... 288,000
Philippines................................................ 33,000
Poland..................................................... 42,000
Tunisia.................................................... 12,500
Ukraine.................................................... 11,000
Yemen...................................................... 35,000
Caribbean Basin Security Initiative........................ 16,000
FMF Admin Cost............................................. 56,583
Unallocated................................................ 104,974
------------
Total.................................................. 5,440,000
------------------------------------------------------------------------

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

The bill provides $1,000,000,000 for Pakistan
Counterinsurgency Capability Fund and continues the
provisions contained in the Supplemental Appropriations Act,
2009 (Public Law 111--32), which established the account to
address the extraordinary security situation in Pakistan and
ensure such assistance aligns with United States foreign
policy objectives in Pakistan and the broader region. Funding
is intended for training and equipping of Pakistan's security
forces with a focus on the Army, the Special Services Group,
Army Aviation, and the paramilitary Frontier Scouts and
supports a long-term partnership with Pakistan to address
issues of international terrorism, poverty and development.
The Committees on Appropriations are concerned with reports
that Pakistani security forces have denied access to
humanitarian organizations to internally displaced persons
(IDPs) and other vulnerable populations and detainees.
Accordingly, the bill includes explicit authority to support
training in civil-military humanitarian assistance. The
Committees on Appropriations direct that section 620M of the
Foreign Assistance Act of 1961, as amended by this Act, shall
be applied to assistance for Pakistan in this Act to ensure
that it is not misused and that individuals responsible for
abuses are appropriately punished.

TITLE V

MULTILATERAL ASSISTANCE

Funds Appropriated to the President

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

The bill provides $395,500,000 for International
Organizations and Programs.
The Department of State is directed to consider support to
international science facilities in order to foster new
scientific discoveries through voluntary contributions to
appropriate organizations.
The Department of State is directed to provide the report
related to the Organization of American States, as specified
in Senate Report 111-237.
The Department of State should actively work within the UN
system to ensure that countries with records on women's human
rights that are consistent with international standards are
elected to leadership positions at UN Women--the UN Entity on
Gender Equality and the Empowerment of Women.
Funds in this account are allocated, unless otherwise
noted, according to the following table, and are subject to
the provisions of section 7019 of this Act:

INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs Authority
------------------------------------------------------------------------
Center for Human Settlements............................... 2,100
International Civil Aviation Organization.................. 950
International Conservation Programs........................ 8,000
International Contributions for Scientific, Educational & 1,000
Cultural Activities.......................................
International Development Law Organization................. 600
IMO Maritime Security Programs............................. 400
International Panel of Climate Change/UN Framework 13,500
Convention on Climate Change..............................
Montreal Protocol Multilateral Fund........................ 25,500
OAS Development Assistance Programs........................ 3,700
OAS Fund for Strengthening Democracy....................... 2,500
UN Capital Development Fund................................ 1,000
UN Children's Fund......................................... 134,000
UN Democracy Fund.......................................... 4,000
UN Development Program..................................... 97,000
UN Environment Program..................................... 11,500
UN High Commissioner for Human Rights...................... 7,000
UN Office for the Coordination of Humanitarian Affairs..... 3,100
UN Population Fund 57,500
UN Voluntary Fund for Technical Cooperation in the Field of 1,425
Human Rights..............................................
UN Voluntary Fund for Victims of Torture................... 7,200
UN Women's Fund (UNIFEM)/UN Development Fund for Women..... 6,500
UNIFEM Trust Fund.......................................... 3,725
World Meteorological Organization.......................... 2,200
World Trade Organization Technical Assistance.............. 1,100
International Chemicals and Toxin Programs................. 0
------------
Total, International Organizations and Programs........ 395,500
------------------------------------------------------------------------

INTERNATIONAL FINANCIAL INSTITUTIONS

The Department of the Treasury is directed to review all
general capital increase requirements to ensure that only
those with the highest priority and relevance are submitted
as part of the fiscal year 2012 budget request. At a time of
tight fiscal estimates, it is critical that the United States
only make commitments that are necessary to further United
States interests.
The Department of the Treasury is directed to work with the
international financial institutions to ensure that programs
address pandemic preparedness among other global health
priorities.
The Department of the Treasury is directed to provide a
report to the Committees on Appropriations not later than 60
days after enactment of this Act on the steps being taken to
require that each of the international financial
institutions, including the World Bank and the International
Monetary Fund, initiate a full review of their respective
compensation systems to ensure that they do not outpace the
cost of living and are consistent with the austerity measures
that are being undertaken by member states.
The Department of the Treasury is directed to seek to
ensure that the United States share of funding in
international funds, including the Clean Technology Fund, the
Global Food Security Fund, and the Strategic Climate Fund,
does not exceed 33 percent of the total amount of funds
contributed to any such Fund from all sources in the coming
years.
The Secretary of the Treasury is directed to seek to ensure
that all international financial institutions provide
financing to the Government of Haiti on a grant-only basis.
The Secretary of the Treasury is directed to seek to ensure
that all loans from international financial institutions are
in compliance with the Department's Guidance to Multilateral
Development Banks for Engaging with Developing Countries on
Coal-Fired Power Generation. In addition, as the Department
of the Treasury and the Department of State continue
negotiations for the possible establishment of a Green Fund,
actions should be taken to ensure that this new entity
reflects this policy guidance.
The Secretary of the Treasury shall provide a report to the
Committees on Appropriations not later than 180 days after
enactment of this Act that describes for each international
financial institution the amount and type of assistance
provided, by country, for the extraction and export of oil,
gas, coal, timber, or other natural resources in the
preceding 12 months; and the consideration given by each
institution, when providing such assistance, to whether the
country has in place functioning systems to account for
revenues from such extraction and exports.
The Department of the Treasury is directed to request that
the World Bank commission an independent evaluation of the
impact of the Bank's current forest policy on poverty
alleviation, deforestation, and forest degradation at the
local and national levels, and the expected carbon emissions
that will result from the implementation of such policy, and
post the findings on the Bank's Web site not later than one
year after enactment of this Act.

CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

The bill provides $315,000,000 for Contribution to the
Clean Technology Fund.
The Department of the Treasury is directed to provide a
report to the Committees on Appropriations, the Senate
Foreign Relations Committee, and the House Financial Services
Committee not later than 180 days after enactment of this Act
that describes the purpose and progress of each project
supported by the Fund, including the extent to which
assistance made available by the Fund has reduced or will
reduce greenhouse gas emissions in recipient countries; and
how each project furthers the Fund's investment plan for the
country or countries in which the project is implemented.

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

The bill provides $205,000,000 for Contribution to the
Strategic Climate Fund.
The Department of the Treasury is directed to consult with
the Committees on Appropriations on the allocation of funds
between the Pilot Program for Climate Resilience, the Forest
Investment Program and the Program for Scaling-Up Renewable
Energy in Low-Income Countries prior to the obligation of
funds. Programs funded should complement bilateral
investments in adaptation, sustainable landscapes protection,
and clean energy.

GLOBAL FOOD SECURITY FUND

The bill provides $215,000,000 for Global Food Security
Fund. The Committees on Appropriations direct that these
funds be provided to the Global Agriculture and Food Security
Program Trust Fund at the World Bank. Programs funded should
complement bilateral investments in agricultural development
and food security.
The Department of the Treasury is directed to continue its
efforts to ensure accountability and transparency of programs
funded through the Fund, including fair representation on the
Board for all members of the private sector, including
private businesses, foundations and NGOs.

CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

The bill provides $106,586,000 for Contribution to the
Asian Development Bank (ADB) for the first of five scheduled
United States paid-in capital contributions to the ADB's
Fifth General Capital Increase (GCI-V).

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The bill includes a limitation on the amount that the
United States Governor of the ADB may subscribe to the
callable portion of the United States share of the GCI-V in
an amount not to exceed $2,558,048,769 in fiscal year 2011.

TITLE VI

EXPORT AND INVESTMENT ASSISTANCE

Export-Import Bank of the United States

ADMINISTRATIVE EXPENSES

The bill provides $99,000,000 for Administrative Expenses
for the Export-Import Bank.
The Board of the Export-Import Bank is directed to
prioritize within its administrative expenses budget, funding
for the Bank's small business initiative to establish up to
15 new regional offices, and limit, to the degree possible,
increased funding for additional permanent headquarters
staff. The Export-Import Bank is directed to provide a
spending plan to the Committees on Appropriations for the
uses of funds under this heading not later than 60 days after
enactment of this Act.
The Export-Import Bank is directed to continue the
reporting requirement regarding renewable energy or end-use
energy efficiency technologies, specified in the explanatory
statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117). The Bank shall provide
the report contained in Senate Report 111-237 addressing
steps taken to implement the Government Accountability
Office's recommendations regarding the Bank's failure to
allocate 10 percent of its annual financing to renewable
energy or energy efficiency technologies, as directed by
Congress.

Overseas Private Investment Corporation

PROGRAM ACCOUNT

The bill provides $29,000,000 for Program Account of the
Overseas Private Investment Corporation (OPIC).
OPIC is directed to provide the reports and continue the
consultations required in the explanatory statement
accompanying the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117).

TITLE VII

GENERAL PROVISIONS

The following general provisions from the Department of
State, Foreign Operations and Related Programs Appropriations
Act, 2010 (division F of Public Law 111-117) were dropped:
7068, 7074, 7080 and 7091. All other longstanding general
provisions were retained, modified, or incorporated into this
Act.
Sec. 7002. Unobligated Balances Report.
This provision directs departments and agencies that
receive funds provided by this Act to provide a quarterly
accounting of funds that remain unobligated and unexpended,
which should disaggregate the funds by fiscal year to the
extent it can be supported by the agency's or department's
financial management systems and processes. The Secretary of
State is directed to report unobligated and unexpended
balances for future supplemental appropriations disaggregated
by fiscal year.
Sec. 7008. Coups d'Etat.
The modifications to this provision shall apply to
prospective coups d'etat and shall not apply to retrospective
assessments.
Sec. 7034. Special Provisions.
The World Food Program is directed to continue to work
collaboratively with USAID and the Department of State in
providing assistance for high risk countries.
The Secretary of State, Secretary of the Treasury, USAID
Administrator, and the heads of the MCC, BBG, OPIC, and the
Export-Import Bank of the United States, are directed to
report, in writing, to the Committees on Appropriations that
they have instituted a policy to eliminate unnecessary idling
of motor vehicles owned or leased by the United States
Government. Such a policy may include exceptions to
accommodate essential security, health, or safety concerns,
and if necessary to perform a job function, ensure safe
operating conditions, or to operate a motor vehicle in
accordance with manufacturer specifications.
Sec. 7045. Colombia.
The bill includes language by reference similar to prior
years, except that it modifies the requirements of
7046(b)(1)(B), (b)(2), (c), and (d)(1) from the Department of
State, Foreign Operations and Related Programs Appropriations
Act, 2009 (division H of Public Law 111-8, as amended).
Funds made available in this Act for Colombia are to be
allocated according to the following table, and are subject
to the provisions of section 7019 of this Act:

COLOMBIA ALL SPIGOTS CHART
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs/Accounts Authority
------------------------------------------------------------------------
Foreign Military Financing Program......................... 44,500
International Military Education and Training.............. 1,695
Nonproliferation, Anti-terrorism, Demining and Related 4,750
Programs..................................................
Economic Support Fund
Support for Democracy.................................... 15,000
Alternative Development.................................. 115,000
Afro-Colombian/Indigenous Communities (non-add)........ [12,000]
Biodiversity Conservation (non-add).................... [3,000]
Support for Vulnerable Groups/IDPs....................... 39,000
Demobilization and Reintegration......................... 18,000
Transfer to MRA.......................................... 8,000
------------
Subtotal--Economic Support Fund........................ 195,000
International Narcotics Control and Law Enforcement
Support for Rule of Law Programs
Human Rights (USAID)..................................... 7,000
Judicial Reform Programs................................. 7,000
Office of the Ombudsman Delegate for the Rights of 200
Children, Youth and Women in Colombia...................
Defensoria del Pueblo.................................... 1,000
Office of the Attorney General........................... 16,000
Human Rights Unit...................................... [7,000]
Justice and Peace Unit................................. [5,000]
Witness/Victims Protection Program..................... [3,000]
Forensic Investigations................................ [1,000]
UN High Commissioner for Human Rights.................... 500
Carabineros.............................................. 4,000
Individual Deserter Program.............................. 500
Demand Reduction......................................... 500
Money Laundering......................................... 300
------------
Subtotal--Support for Rule of Law Programs............. 37,000
Interdiction, Eradication and Support
Support to the Colombian Military
Army Counterdrug Mobile Brigade.......................... 500
Army Aviation Support.................................... 22,500
Air Bridge Denial Program................................ 1,000
Navy Maritime Interdiction Support....................... 5,000
------------
Subtotal--Support to the Colombian Military............ 29,000
Support to Colombian National Police
Aviation................................................. 45,000
Eradication.............................................. 40,000
Interdiction............................................. 20,000
------------
Subtotal--Support to the Colombian National Police..... 105,000
Program, Development and Support
United States Personnel.................................. 2,029
LES...................................................... 2,151
ICASS Costs.............................................. 1,010
Program Support.......................................... 1,510
------------
Subtotal--Program, Development and Support............. 6,700
Critical Flight Safety Program
Huey-II wiring........................................... 2,000
Aircraft/Aircrew Safety of Flight........................ 1,400
Rotary Wing Depot (UH-60, Huey-II)....................... 10,000
Fixed Wing Depot (C208, C-27 and AT-802)................. 5,400
------------
Subtotal--Critical Flight Safety Program............... 18,800
------------
Subtotal--Interdiction, Eradication and Support........ 159,500
------------
Subtotal--Colombia INCLE............................... 196,500
------------
Regional INCLE
International Law Enforcement Academy.................... 300
Interregional Aviation Support........................... 11,250
------------
Subtotal--Regional INCLE............................... 11,550
Total--INCLE............................................... 208,050
Total--Colombia............................................ 453,995
------------------------------------------------------------------------

Sec. 7080. Transparency, Accountability and Anti-Kleptocracy.
The Department of the Treasury is directed to continue to
provide the report to the Committees on Appropriations
related to the International Monetary Fund's (IMF) New
Arrangements to Borrow as outlined in section 7090(d) of the
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2010 (Public Law 111-117).
The Secretary of the Treasury is directed to provide a
report to the Committees on Appropriations within 30 days
after the Board of Executive Directors of the IMF approves a
loan for a country where the amount of the net public debt of
the country exceeds 60 percent of the gross domestic product
and the country is not eligible for assistance from the
International Development Association, outlining the
likelihood that the loan will be repaid. The report should
also describe the borrowing country's current debt status,
including to the extent possible, its maturity structure,
whether it has fixed or floating rates, whether it is
indexed, and by whom it is held; the borrowing country's
external and internal vulnerabilities that could potentially
affect its ability to repay; and the borrowing country's debt
management strategy.
The bill limits assistance to the central government of
countries that do not fully disclose their national budget
and government contracts and licenses for natural resource
exploitation. If the Secretary of State waives this
requirement, the Department of State is required to provide a
report to the Committees on Appropriations that includes
current data on the country's budget transparency; identifies
any steps taken by such government to publicly disclose its
national budget which are additional to those which were
undertaken in previous fiscal years; includes recommendations
of short- and long-term steps that the government can take to
improve budget transparency; and identifies benchmarks for
measuring progress in countries that receive a waiver.
Sec. 7082. Buying Power Maintenance, International
Organizations.
This provision establishes a Buying Power Maintenance
account under the Contributions to International
Organizations heading to enable the Department of State to
offset adverse fluctuations in foreign currency exchange
rates related to United States assessed contributions to
international organizations. While the Committees on
Appropriations recognize the budgeting challenges related to
exchange rate fluctuations, the Secretary of State is
directed to continue to utilize funding that remains
available after paying the annual assessed contributions to
continue to synchronize contributions in the fiscal year in
which they are due. The Secretary is also directed to report
to the Committees on Appropriations by October 30, 2011, on
the total amount transferred into the Buying Power
Maintenance account in fiscal year 2011 and the sources of
this funding.
Sec. 7088. Inspectors General Personnel.
The Inspectors General of the Department of State and USAID
should not exercise the waiver authority in this section for
annuitants who have been retired for seven years or more,
except in exceptional circumstances.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and rule XLIV of the Standing Rules of the
Senate, neither this division nor its accompanying
explanatory statement contains any congressional earmarks,
congressionally directed spending items, limited tax benefits
or limited tariff benefits as defined in the applicable House
or Senate rules.

DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2011

Following is an explanation of the effects of Division L,
which makes appropriations for the Departments of
Transportation and Housing and Urban Development and Related
Agencies for fiscal year 2011. As provided in Section 4 of
the consolidated bill, this explanatory statement shall have
the same effect with respect to the allocation of funds and
the implementation of this division as if it were a joint
explanatory statement of a committee of conference.

Congressional Directives

The language and allocations set forth in the House report
(House Report 111-564) and Senate report (Senate Report 111-
230) should be complied with unless specifically addressed to
the contrary in this explanatory statement. The explanatory
statement, while repeating some report language for emphasis,
does not intend to negate the language referred to above
unless expressly provided herein. In cases where the House or
the Senate has directed the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations. The Department of
Transportation and the Department of Housing and Urban
Development are directed to notify the House and Senate
Committees on Appropriations seven days prior to the
announcement of a new program or authority.

TITLE I--DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Salaries and Expenses

The bill provides $115,509,000 for the salaries and
expenses of the Office of the Secretary of Transportation.
The bill includes funding by office as specified below:
Immediate office of the secretary............................$2,667,000
Office of the deputy secretary................................1,000,000
Office of the executive secretariat...........................1,683,000
Office of the under secretary of transportation for policy...16,568,000
Official of small and disadvantaged business utilization......1,563,000
Office of the chief information officer......................19,663,000
Office of the assistant secretary for governmental affairs....2,500,000
Office of the general counsel................................19,960,000
Office of the assistant secretary for budget and programs....11,156,000
Office of the assistant secretary for administration.........25,695,000
Office of public affairs......................................2,055,000
Office of intelligence, security and emergency response......10,999,000
Office of the under secretary of transportation for
policy.--The bill includes $804,000 and 6 full time
equivalent (FTE) to support the ongoing workload requirements
of the Office of the Under Secretary of Transportation for
Policy. In addition, the bill provides $1,500,000 to staff
the U.S. Embassies in Kabul and Baghdad. The bill also
includes $3,000,000 and 5 FTE in the Office of the Under
Secretary of Transportation for Policy to further the
Department's livability initiative and develop the benchmarks
and performance measures necessary to study the impact of
transportation investments on sustainability.
DOT is reminded of the importance of submitting a
comprehensive list of federal barriers to local coordination
of housing and transportation by May 15, 2011 as outlined in
Senate report 111-230.
Office of the chief information officer.--The bill provides
funding for an additional position for a chief information
security officer, an additional position for a chief
information officer of OST, and an additional 11 positions
for a single group to build a strategy for the Department's
investments in all kinds of information technology, including
the information technology that promotes collaboration and
networked activities. The bill also provides $5,000,000 for
the Next Generation IT Infrastructure initiative.
The DOT OIG is directed to submit a report to the
Committees on Appropriations on the Cyber Security Initiative
and the Next Generation IT Infrastructure initiative by May
15, 2011. This report should provide an evaluation of the
Department's plan to improve cyber security and upgrade the
overall IT environment, identify areas of risk in these
initiatives and the Department's plan to mitigate this risk,
and assess the Department's plans to staff these initiatives.
Office of the assistant secretary for governmental
affairs.--The principal role of the office of Governmental
Affairs is to serve as a liaison between the Secretary and
the United States Congress. The communication between the
office of Governmental Affairs and the Appropriations
Committee has been lacking and must improve to ensure that
announcements on grants, programs, reports and regulations
are relayed in a timely and equitable manner.
Office of the assistant secretary for budget and
programs.--The bill includes $275,000 for 3 FTE to improve
oversight and $183,000 for 2 FTE for the OST budget office.
It does not include $1,000,000 requested by the Department to
establish a new office for program evaluation in the Office
of the Assistant Secretary for Budget and Programs.
Office of the general counsel.--The bill includes an
additional $250,000 for the Office of the General Counsel and
continues to encourage the office to use its resources for
activities that will most effectively increase the protection
of air travel consumers.
The Department is directed to submit a letter report to the
Committees on Appropriations on the status of reaching a
resolution on level boarding within 6 months of enactment of
this Act.
The Government Accountability Office (GAO) is directed to
analyze the Department's acquisition workforce and report its
findings to the Committees on Appropriations no later than
December 31, 2011. The evaluation should include an
assessment of the acquisition workforce of each agency, an
evaluation of the current role of the Office of the Secretary
in supporting and overseeing acquisitions, and a presentation
of the best practices used in the Federal government.

NATIONAL INFRASTRUCTURE INVESTMENTS

The bill provides $500,000,000 for capital investments in
surface transportation infrastructure.
The GAO is directed to evaluate how DOT used its discretion
to select fiscal year 2010 Transportation Investment
Generating Economic Recovery (TIGER) awards.

FINANCIAL MANAGEMENT CAPITAL

The bill provides $20,000,000 for the financial management
capital program. The bill does not include any funding for
FTE in this account. GAO is directed to review the cost,
schedule and performance of this project and submit a report
to the Committees on Appropriations by May 30, 2011. This
assessment should include information on the status of the
project's schedule, budget, and expenditures as well as a
prioritization of project risks and their mitigation efforts.
The report should also include an assessment of the extent to
which the investments being made today will offer to the
Department the flexibility to use its new financial
management tools to address a variety of future needs, many
of which the Department may not be able to anticipate at this
time.

CYBER SECURITY INITIATIVES

The bill provides $30,000,000 for the cyber security
initiatives. This funding includes resources to cover the
cost of FTE.

OFFICE OF CIVIL RIGHTS

The bill provides $9,767,000 for the office of civil
rights.

TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT

The bill provides $16,769,000 for transportation planning,
research and development. The bill includes $1,000,000 to
support the Bureau of Transportation Statistics' Commodity
Flow Study. Additionally, the bill directs funding to be
allocated to the following projects:

Project name Amount
Aviation Futures Alliance Employment, Export and Industry Growth
Analysis, WA.................................................$500,000
Chicago Aviation Education Initiative, IL......................$250,000
Great Lakes Maritime Research Institute, MN..................$1,000,000
I-81 Corridor Coalition, PA....................................$700,000
International Mobility and Trade Corridor Project, Whatcom Coun$750,000
PSRC Sustainable Transportation and Growth Modeling Demonstration
Project, King County, WA.....................................$750,000

WORKING CAPITAL FUND

The bill includes a limitation of $148,096,000 for working
capital fund activities.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

The bill provides a total appropriation of $913,000. Within
the funds provided, $329,000 is for the costs of guaranteed
loans for short-term working capital and $584,000 is provided
for administrative expenses. The bill limits loans made under
this program to $18,367,000.

MINORITY BUSINESS OUTREACH

The bill provides $3,553,000 for minority business outreach
and allows funds to be used for business opportunities
related to any mode of transportation.

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(including transfer of funds)

The bill provides $146,000,000 for payments to air
carriers. In addition to these funds, the program will
receive $50,000,000 in mandatory spending pursuant to the
Federal Aviation Authorization Act of 1996. The funding
provided in the bill is necessary to support air service in
all eligible communities.

administrative provisions--office of the secretary of transportation

Section 101 prohibits funds in this Act available to the
Department of Transportation from being obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Section 102 prohibits funds from being obligated or
expended to establish or implement a program where essential
air service communities are required to assume subsidy costs
commonly referred to as local participation.
Section 103 allows the Secretary of Transportation or his
designee to engage with states to consider proposals related
to the reduction of motorcycle fatalities.

Federal Aviation Administration

oPerations

(airport and airway trust fund)

(including transfer of funds)

The bill includes $9,817,739,000 for operations of the
Federal Aviation Administration, of which $4,559,000,000 is
to be derived from the airport and airway trust fund.
Air traffic organization.--The bill includes $7,653,128,000
for the air traffic organization, including $47,300,000 for
RNAV/RNP procedures; $2,500,000 for additional acquisition
workforce personnel and training; and $20,000,000 for
operational support for the en route automation modernization
(ERAM) program.
Controller placement study.--The bill requires FAA to
conduct a study on testing alternatives for the placement of
air traffic controllers after their completion of training at
the FAA Academy.
Aviation safety (AVS).--The bill provides $1,304,486,000
for aviation safety, of which no less than $18,000,000 shall
be for staff increases in flight standards and aircraft
certification. The DOT Office of Inspector General (OIG) is
directed to evaluate the FAA's use of its model for safety
inspector staffing in identifying needs for fiscal year
2012.This evaluation should address both safety inspector
staffing levels and the placement of the inspectors. The OIG
is instructed to report to the House and Senate Committees on
Appropriations no later than May 31, 2011.
Staff offices.--The bill includes $208,644,000 for FAA's
staff offices. Specifically, the bill includes $4,011,000 in
half-year funding for 110 additional hazardous materials
safety inspectors and emergency operations positions and
$400,000 for the office of civil rights to conduct a barrier
analysis on the ethnic diversity of FAA's air traffic
controller and inspector workforces.

facilities and equipment

(airport and airway trust fund)

The bill includes $2,990,000,000 for FAA facilities and
equipment. The following table compares the fiscal year 2011
budget request and the bill by program:

Automatic dependent surveillance-broadcast (ADS-B).--The
bill includes $176,100,000 for the ADS-B program. In
addition, $10,000,000 is included to expedite the development
of ADS-B ``in'' capabilities, and $14,200,000 is included to
provide additional ADS-B coverage for general aviation.
Terminal air traffic control facilities replacement.--The
terminal air traffic control facilities replacement program
is funded at $121,600,000 and includes $1,500,000 for Lihue
Airport, Hawaii and $250,000 for Greenwood-Leflore Airport,
Mississippi.
Runway status lights.--The runway status lights program is
funded at $56,000,000, of which $1,000,000 is provided to
implement runway status lights at Honolulu International
Airport, Hawaii.
Weather camera program.--The weather camera program is
funded at $4,200,000, of which $1,000,000 is provided to
install weather cameras in the State of Hawaii.
Instrument landing system establishment.--The instrument
landing system program is funded at $7,800,000, including
$500,000 for runway 5 at Kinston Regional Jetport, North
Carolina.
Seattle TRACON.--The FAA is directed to take all measures
necessary to improve the security at its facilities,
including the Seattle terminal radar approach control
facility.
NextGen demonstration.--The bill includes $25,000,000 to
allow the FAA to make competitive grants for avionics
equipage improvements that will demonstrate the benefits of
NextGen. The Federal share shall not exceed 80 percent.

research, engineering and development

(Airport and airway trust fund)

The bill provides $198,000,000 for the FAA's research,
engineering, and development activities as noted in the
following table:

Within the funds provided for FAA's advanced materials
research activities, $750,000 is provided for the Advanced
Material in Transport Aircraft Structures Center in Seattle,
Washington; $500,000 is provided for the National Institute
for Aviation Research at Wichita State University for new
equipment, additional personnel and to conduct research in
advanced materials; and, $500,000 is also provided for the
National Institute for Aviation Research at Wichita State
University for education and training for composite airframe
maintenance and airworthiness. Within the funds for aviation
safety risk analysis, $1,000,000 is provided for the Alaska
Aviation Safety project for research involving simulation
training, in-cockpit navigational aids, two-way wireless data
tethers and other flight safety enhancements.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

The bill includes a liquidating cash appropriation of
$3,550,000,000; an obligation limitation of $3,515,000,000; a
limitation on administrative expenses of not more than
$99,622,000; no less than $15,000,000 for the airport
cooperative research program; and no less than $27,217,000
for airport technology research.
Of the funds covered by the obligation limitation in this
bill, FAA is directed to provide funding for the following
projects and activities as listed in the following table:

ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION

Section 110 retains a provision that limits the number of
technical workers at the Center for Advanced Aviation Systems
Development to 600 in fiscal year 2011.
Section 111 retains a provision that prohibits the FAA from
requiring airport sponsors to provide the agency ``without
cost'' building construction, maintenance, utilities and
expenses, or space in sponsor-owned buildings, except in the
case of certain specified exceptions.
Section 112 retains a provision that allows reimbursement
for fees collected and credited under 49 U.S.C. 45303.
Section 113 retains a provision that allows reimbursement
of funds for providing technical assistance to foreign
aviation authorities to be credited to the operations
account.
Section 114 retains a provision that prohibits funds to
change the weight restrictions or prior permission rules at
Teterboro Airport, NJ.
Section 115 retains a provision that prohibits funds
limited in this Act for the Airport Improvement Program to be
provided to an airport that has denied a request from the
Secretary of Transportation to use public space at the
airport for the purpose of conducting outreach on air
passenger rights.
Section 116 retains a provision that prohibits the FAA from
paying Sunday premium pay except in those cases in which an
individual actually worked on a Sunday.
Section 117 retains a provision that prohibits the FAA from
using funds to purchase store gift cards or gift certificates
through a government-issued credit card.
Section 118 retains a provision that allows all airports
experiencing the required level of boardings through charter
and scheduled air service to be eligible for funds under 49
U.S.C. 47114(c).
Section 119 prohibits funds from being obligated or
expended for retention bonuses for FAA employees without
prior written approval of the DOT Deputy Assistant Secretary
for Administration.

Federal Highway Administration

LIMITATION ON ADMINISTRATIVE EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The bill limits obligations for administrative expenses of
the Federal Highway Administration (FHWA) to $420,843,000 and
makes $3,300,000 in contract authority above the limitation
available for the administrative expenses of the Appalachian
Regional Commission in accordance with section 104 of title
23, United States Code.
Fiscal management information system.--Within this
limitation, $1,000,000 is provided for the FHWA to conduct a
review, in consultation with the Department's chief
information officer, of the agency's fiscal management
information system to define known and future grant
management system requirements, including Federal Funding
Accountability and Transparency Act and Recovery Act
information needs; stakeholder data analysis objectives; and
expanded query, reporting, and interface requirements. The
findings of this review are to be reported to the Committees
on Appropriations by no later than April 1, 2011. The report
should identify a range of at least three cost-effective
options--basic, moderate, and comprehensive--and should
describe the pros and cons of each of the options, as well as
the time, funding, and other resources necessitated by each
option.
Travel budget.--The bill funds the FHWA's travel expenses
at $9,272,000, which is $1,000,000 below the budget request.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The bill limits obligations for the federal-aid highways
program to $41,776,000,000 in fiscal year 2011 and, within
the limitation, limits obligations for transportation
research to $429,800,000. The bill also allows the Secretary
to charge and collect fees from the applicant for a direct
loan, guaranteed loan, or line of credit to cover the cost of
the financial and legal analyses performed on behalf of the
Department as authorized under section 605(b) of title 23,
United States Code. The fees so collected are not subject to
any obligation limitation or the limitation on administrative
expenses set for the infrastructure finance program under
section 608 of title 23, United States Code.
Bridge oversight.--The Department's Office of Inspector
General is directed to provide a second evaluation of FHWA's
progress in fulfilling each of the recommendations given in
its report on the national bridge inspection program (Report
Number MH-2009-013) and to submit a report to the Committees
on Appropriations with its findings no later than August 1,
2011.

FERRY BOATS AND FERRY TERMINAL FACILITIES

Within the funds available for ferry boats and ferry
terminal facilities, funds are to be available for the
following projects and activities as listed in the following
table:

TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM

Within the funds made available for the transportation,
community and system preservation program, funds are to be
distributed to the following projects and activities as
listed in the following table:

FEDERAL LANDS

Within the funds available for the federal lands program,
funds are to be available for the following projects and
activities as listed in the following table:

The funds allocated above shall be derived from the FHWA's
public lands discretionary program and not from funds
allocated to the National Park Service's regions or from
funds allocated to the Fish and Wildlife Service's regions.

INTERSTATE MAINTENANCE DISCRETIONARY

Within the funds available for the interstate maintenance
discretionary program, funds are to be available for the
following projects and activities as listed in the following
table:

DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM

Within the funds available for the Delta region
transportation development program, funds are to be available
for the following projects and activities as listed in the
following table:

I-80 Exit at Stoney Hollow Road, PA.--The statement of
managers accompanying the fiscal year 2002 appropriations Act
includes $3,000,000 in Interstate maintenance discretionary
funding for ``I-80 Exit at Stoney Hollow Road,
Pennsylvania.'' These funds shall be made available for ``I-
80 Exits 298/299 Improvements, Monroe County, Pennsylvania.''
Highway 53 Chetek, WI.--The statement of managers
accompanying the fiscal year 2004 appropriations Act includes
$2,000,000 in section 115 funding for ``WI Highway 53 Chetek,
Wisconsin.'' These funds shall be made available for
``Chetek-area Transportation System Improvements, Chetek,
Wisconsin.''
Marin Parklands/Muir Woods Visitor Access, CA.--The
statement of managers accompanying the fiscal year 2004
appropriations Act includes $1,100,000 in federal lands
funding for ``Marin Parklands/Muir Woods Visitor Access,
California.'' Of these funds, $220,000 shall be made
available for ``Pacific Way Bridge, County of Marin, CA'' and
$180,000 of these funds shall be made available for ``Signal
at Flamingo/Highway 1, County of Marin, CA.''
Feasibility Study for Routes 495/195 interchange, Wareham,
MA.--The statement of managers accompanying the fiscal year
2004 appropriations Act includes $500,000 in section 115
funding for ``Feasibility study for Routes 495/195
Interchange, Wareham, Massachusetts.'' These funds shall be
made available for ``Design and construction of improvements
to Route 28 corridor adjacent to the I-495/Route 28
interchange in Wareham, MA.''
Trenton Channel Bridge Replacement, Wayne County, MI.--The
statement of managers accompanying the fiscal year 2004
appropriations Act includes $400,000 in national corridor
planning and border development program funding for ``Trenton
Channel Bridge Replacement, Wayne County, Michigan.'' These
funds shall be made available for ``Trenton Channel Bridge
Improvements, Wayne County, Michigan.''
Waterfront Parking Garage, Camden, NJ.--The statement of
managers accompanying the fiscal year 2006 appropriations Act
includes $800,000 in section 112 funding for ``Waterfront
Parking Garage, Camden, NJ.'' These funds shall be made
available for ``Pedestrian flow improvements and associated
environmental remediation, Camden, NJ.''

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

The bill provides a liquidating cash appropriation of
$42,515,000,000, which is available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this Act and prior appropriations
Acts.

(RESCISSION OF UNOBLIGATED BALANCES)

(HIGHWAY TRUST FUND)

The bill rescinds unobligated balances of funds made
available for specific projects in previous authorization
Acts.

PLANNING CAPACITY GRANTS

The bill appropriates $100,000,000, available until
September 30, 2012, for grants to metropolitan planning
organizations; State, local, and tribal governments; and
public agencies, such as transit authorities that conduct
surface transportation planning, in order to improve the
capacity of those organizations to conduct their
transportation planning. Of the funds provided, the bill sets
aside $25,000,000 for grants that will improve planning for
rural areas and $12,000,000 for grants that will lead to
greater public involvement in transportation planning. The
bill also allows the Secretary to retain up to one percent of
the funds provided under this heading to fund the award and
oversight of these planning capacity grants and directs this
funding to be split equally between the Federal Highway
Administration and the Federal Transit Administration. The
bill also specifies that the Federal share payable on each
program, project, or activity funded under this heading shall
be 80 percent and no grant shall be greater than $5,000,000.

ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION

(INCLUDING RESCISSIONS)

Section 120 distributes the federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to
be credited to the federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
American requirements.
Section 123 prohibits tolling in Texas, with exceptions.
Section 124 appropriates funds for the projects, programs,
and activities specified in the following table:

The bill specifies that the Federal share payable on each
program, project, or activity funded under this section shall
be 100 percent and allows funds to be transferred to another
Federal agency if so requested by a State.
Section 125 rescinds unobligated balances associated with
demonstration or high priority projects which were funded in
previous appropriations Acts.
Section 126 rescinds unobligated balances made available
for highway related safety grants in prior appropriations
Acts.
Section 127 provides additional funding to the Delta region
transportation development program.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The bill includes a liquidation of contract authorization
and a limitation on obligations of $252,553,000 for the
operating expenses of and motor carrier safety research by
the Federal Motor Carrier Safety Administration (FMCSA). Of
this limitation, $8,586,000 is to remain available for
obligation until September 30, 2013. The bill also includes
$7,325,000 in budget authority from the highway trust fund
for information management operations and programs. The bill
provides funding in the following manner:
Operating expenses.........................................$195,669,000
Research and technology.......................................8,586,000
Information management.......................................41,943,000
Regulatory development........................................9,777,000
Outreach and education........................................2,903,000
Commercial motor vehicle operators grants.....................1,000,000

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(INCLUDING RESCISSION)

The bill provides a liquidating cash appropriation and a
limitation on obligations of $310,070,000 for motor carrier
safety grants. The bill provides funding for motor carrier
safety grants as follows:
Motor carrier safety assistance program (MCSAP)............$165,070,000
High priority grants (MCSAP).................................15,000,000
New entrant motor carrier audits (MCSAP).....................32,000,000
Commercial driver's license (CDL) program improvement grants.25,000,000
Border enforcement grants....................................32,000,000
Performance and registration information system management gra5,000,000
Commercial vehicle information systems and networks deploymen25,000,000
Safety data improvement grants................................3,000,000
CDL information system modernization (CDLIS)..................8,000,000
Of the funds provided for CDLIS the bill includes language
that requires FMCSA to use $3,000,000 for new entrant motor
carrier audits and $5,000,000 for CDL program improvement
grants. The bill also permanently rescinds $30,569,000 in
unobligated balances.
Reincarnated carriers.--GAO is directed to evaluate the
effectiveness of the new-entry safety audit, conduct a
programmatic evaluation of the New Applicant Screening
Program, and the Passenger Carrier Vetting Process and submit
a report to the Committees on Appropriations by June 1, 2011.
In addition, GAO should evaluate the degree to which the
complexities of the application of State laws on corporate
successorship may in certain circumstances affect the FMCSA's
ability to deny operating authority and pursue enforcement
actions against unsafe reincarnated carriers. Finally, the
DOT IG is instructed to audit FMCSA's implementation of the
new entrant safety assurance process and its response to the
NTSB's recommendations H-09-33 through H-09-41 and submit a
report to the Committees on Appropriations by June 1, 2011
with the results of that review.

MOTOR CARRIER SAFETY

(HIGHWAY TRUST FUND)

(RESCISSION)

The bill permanently rescinds $7,330,000 in unobligated
balances from the motor carrier safety program.

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(HIGHWAY TRUST FUND)

(RESCISSION)

The bill permanently rescinds $15,076,000 in unobligated
balances from the national motor carrier safety program.

ADMINISTRATIVE PROVISION--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Section 135 retains the provision that subjects funds
appropriated in this Act to the terms and conditions of
section 350 of Public Law 107-87 and section 6901 of Public
Law 110-28, including that the Secretary submit a report on
Mexico-domiciled motor carriers.
The Secretary of Transportation, in coordination with the
Ambassador of the United States Trade Representative, no
later than January 14, 2011, is directed to establish and
report on a proposal to implement a cross border trucking
program that maintains the safety of our roads and highways,
enhances the efficient movement of commerce, and eliminates
harmful and retaliatory tariffs on agricultural products.
This report should also include what actions the Department
or other executive agencies are taking to ensure Mexico
provides reciprocal access and fair treatment to United
States owned bus companies.

National Highway Traffic Safety Administration

OPERATIONS AND RESEARCH

The bill provides $163,177,000 from the general fund for
highway and traffic safety activities. Of this amount, a
total of $44,945,000 shall remain available until September
30, 2012. The bill also continues language prohibiting funds
from being used to amend tire grading standards.

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The bill provides an appropriation for liquidating cash of
contract authorization of $110,073,000 from the highway trust
fund for payment of obligations incurred in carrying out the
provisions of the highway safety research and development
program as authorized by section 403 of title 23, United
States Code. The bill also specifies that the funds are
available until expended.
The bill limits obligations from the highway trust fund to
$110,073,000 for authorized activities associated with the
highway safety research and development program. Of this
limitation, a total of $29,737,000 shall remain available
until September 30, 2012, and shall be in addition to any
limitation imposed on obligations in future fiscal years.
The following table summarizes the total funding level
provided in the bill for operations and research (general
fund and highway trust fund combined) by budget activity.
Salaries and benefits.......................................$80,525,000
Travel........................................................1,028,000
Operating expenses...........................................25,567,000
Contract programs:
Safety performance (rulemaking)............................23,338,000
Safety assurance (enforcement).............................21,125,000
Highway safety programs....................................46,785,000
Research and analysis......................................74,682,000
________________

Total..................................................$273,050,000

ADMINISTRATIVE EXPENSES

The bill provides $107,120,000 for NHTSA's salaries and
benefits, travel, and other operating expenses. This funding
level includes $2,400,000 to fund 16 additional full-time
equivalent staff years.

SAFETY PERFORMANCE (RULEMAKING)

The bill provides $23,338,000 for NHTSA's safety
performance standards (rulemaking) programs to fund the
following activities:
Safety standards support.....................................$2,300,000
New car assessment program...................................13,043,000
Fuel economy program..........................................7,900,000
Climate control..................................................20,000
Theft control and other programs.................................75,000
________________

Total.....................................................$23,338,000

SAFETY ASSURANCE (ENFORCEMENT)

The bill provides $21,125,000 for the agency's safety
assurance (enforcement) programs to fund the following
activities:
Vehicle safety compliance....................................$8,096,000
Safety defects investigations............................... 12,829,000
Odometer fraud investigations.................................. 200,000
________________

Total.....................................................$21,125,000
Sudden unintended acceleration (SUA).--The bill provides an
additional $3,000,000 to support SUA related research such
as: a human factors study that will evaluate driver usability
versus pedal designs, and assess if a vehicle's pedal design
and placement affect susceptibility to pedal misapplication
leading to unintended acceleration incidents; further
research into electronic throttle control systems; and the
evaluation of electronic data recorder testing.

HIGHWAY SAFETY PROGRAMS

The bill provides the following amounts for highway safety
programs:
Impaired driving............................................$11,456,000
Drug impaired driving.........................................1,488,000
Safety countermeasures........................................4,345,000
National occupant protection.................................10,358,000
Enforcement and justice services..............................3,501,000
Emergency medical services....................................2,174,000
Enhance 9--1--1 activities....................................1,250,000
NEMSIS implementation.........................................2,500,000
Driver licensing..............................................1,016,000
Highway safety research.......................................8,597,000
International activities in behavioral traffic safety...........100,000
________________

Total.....................................................$46,785,000

Ignition interlock program.--NHTSA is directed to use
$200,000 of the amount provided for highway safety research
to fund the development of a model ignition interlock program
to examine best practices and draft guidelines to assist the
states in implementing such programs to combat impaired
driving.
Impaired driving.--Within the funding provided for highway
safety research, the bill includes $2,250,000 to support
NHTSA's partnership with leading automobile manufacturers in
the Automotive Coalition for Traffic Safety to develop
alcohol detection technologies that could be installed in a
vehicle to prevent drunk driving.

RESEARCH AND ANALYSIS

The bill provides the following amounts for research and
analysis:
Safety systems...............................................$8,226,000
Biomechanics.................................................11,000,000
Heavy vehicles................................................2,115,000
Crash avoidance and human-vehicle performance.................8,104,000
Hydrogen fuel cell and alternative fuel vehicle system........2,500,000
National Center for Statistics and Analysis:
Traffic records.............................................1,650,000
Fatality analysis reporting system..........................8,725,000
National automotive sampling system........................25,906,000
State data systems..........................................2,490,000
Special crash investigations................................1,800,000
Data analysis program.......................................2,166,000
________________

Total, Research and Analysis............................$74,682,000

Alternative fuels research.--The bill provides an
additional $1,500,000 for research into the safety of
vehicles that use alternative fuels. NHTSA is directed to use
this funding to continue research on the safety of emerging
battery technologies, particularly lithium ion batteries used
in hybridized fuel cells, and to continue the development of
pack and vehicle level test procedures for charging,
discharging, damage tolerance, fire impingement, as well as
the development of full-scale vehicle crash test procedures.
National automotive sampling system (NASS).--The bill
provides $13,000,000 above the request to fund the
modernization of the NASS data collection system that
provides crash data on a nationally representative sample of
police-reported motor vehicle crashes and related injuries.
In addition, NHTSA is directed to submit a report to the
Committees on Appropriations, by not later than August 1,
2011, that assesses the deficiencies of the NASS data
collection program, evaluates the data elements that should
be collected from each crash, provides details on the NASS
modernization efforts and related expenditures, and makes
recommendations on how to improve data quality, timeliness,
and accessibility.

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The bill provides a liquidating cash appropriation of
$4,170,000 for the national driver register and specifies
that the funds are available until expended. The bill also
limits obligations from the highway trust fund for the
national driver register to $4,170,000.

NATIONAL DRIVER REGISTER MODERNIZATION

The bill provides $2,530,000 for the modernization of the
national driver register and specifies that these funds are
to remain available until September 30, 2012.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The bill provides $611,828,000 to liquidate contract
authorizations for highway traffic safety grants and
specifies that these funds are to remain available until
expended. The bill limits obligations for highway traffic
safety grants to $611,828,000 and includes separate
obligation limitations for each of the agency's safety grant
programs. The bill also specifies that the limitation
provided for safety belt performance grants shall remain
available until September 30, 2012, and shall be in addition
to any limitation imposed on obligations in future fiscal
years.
The bill maintains language that prohibits the use of funds
for construction, rehabilitation, and remodeling costs or for
office furnishings or fixtures for state, local, or private
buildings or structures. Language is also continued that
limits the amount available for technical assistance to
$500,000 under section 410 of title 23, U.S.C., and limits
the amount that can be used to conduct the evaluation of the
high visibility enforcement program to $750,000 in fiscal
year 2011.
Distracted driving prevention.--The bill reallocates
$50,000,000 from the seat belt performance grants program to
fund a new distracted driving grant program for states that
enact and enforce laws to prevent distracted driving with a
focus on texting bans. Within this funding level, up to
$5,000,000 may be used for broadcast and print media
advertising to support enforcement of state laws to prevent
distracted driving, focused on reaching those segments of the
population most likely to engage in distracted driving
behavior. The bill requires NHTSA to give three days advance
notice to Congress before any grant is awarded and specifies
that no State shall receive greater than $3,000,000 in any
fiscal year.

ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION

(INCLUDING RESCISSIONS)

Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority that was made
available in previous public laws for multiple years from
limitations on obligations for the current year.
Section 142 rescinds unobligated balances from the Consumer
Assistance to Recycle and Save Program.
Section 143 rescinds unobligated contract authority
authorized from the highway trust fund for NHTSA's national
driver register program.
Section 144 rescinds unobligated contract authority
authorized from the highway trust fund for NHTSA's highway
traffic safety grant programs.

Federal Railroad Administration

SAFETY AND OPERATIONS

The bill provides $203,348,000 for safety and operations of
the Federal Railroad Administration (FRA). Of the funds
provided, $8,380,000 is available until September 30, 2012 in
order to accommodate inspection related travel and the close
call system and $24,913,000 is available until September 30,
2015 in order to accommodate the Automatic Track Inspection
Program, the Railroad Safety Information System, the
Southeastern Transportation Study, research and development
activities, contract support, Alaska Railroad liabilities,
PRISM-Delphi Integration and acquisition as well as build-out
of headquarters space. The bill does not provide any
additional positions beyond the budget request.
Next Generation Corridor Equipment Pool Committee.--Within
the funds provided $1,000,000 is for grants to Amtrak and
States for participation in the Next Generation Corridor
Equipment Pool Committee.

Railroad Research And Development

The bill provides $40,000,000 for railroad research and
development. The FRA Administrator is given the flexibility
to fund the activities included in its budget request within
the resources provided. In addition, within the funds made
available for this program, funds are to be distributed to
the projects and activities as listed in the following table:

Project name Amount
High-Speed Rail from Orlando to Miami, FL......................$500,000
Metrolink--Positive Train Control, CA........................$1,000,000
Northern Lights Express Intercity Passenger Rail Study, MN.....$500,000
PEERS Rail-Grade Crossing Safety, Statewide, IL................$500,000
San Diego--Positive Train Control, CA........................$1,000,000
Whistle Free Zone Project, MN..................................$400,000
Rail-highway crossing hazard eliminations.--The following
funding allocations for rail-highway grade crossing projects
and activities authorized under section 1103(f) of Public Law
109-59 are recommended:

Project name Amount
Empire Corridor West High Speed Rail Improvements, Cayuga Count$360,000
Empire Corridor West High Speed Rail Improvements, Oneida Count$625,000
Improvement to Safety Devices at Highway/Railway Grade Crossing$750,000
Traffic Separation Studies in Durham and Wake County, NC.......$500,000

RAILROAD SAFETY TECHNOLOGY PROGRAM

The bill provides $75,000,000 to implement the railroad
safety technology program authorized in the Rail Safety
Improvement Act of 2008.
The high cost of implementing positive train control
technology is widely recognized, including the impact of
these costs on small grantees. For this reason, FRA is
directed to continue providing assistance for railroad safety
technology to provide the greatest benefit across the rail
and transit industries.

CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND INTERCITY
PASSENGER RAIL SERVICE

The bill provides $1,000,000,000 for grants to support
intercity rail service and high speed rail corridors. The
Department is directed to begin the Advance Notice of
Proposed Rule Making process within 180 days of enactment of
this Act. In addition, FRA is directed to incorporate in the
national rail plan an estimate of the cost to complete the
system of high speed rail envisioned in the plan and a
complete map of that system and resubmit the plan by March 1,
2011. GAO is directed to evaluate how FRA used its discretion
to select high speed rail and intercity passenger rail fiscal
year 2010 awards.

NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

The bill provides a total of $1,901,484,000 for the
operations, capital improvements and debt service to the
National Railroad Passenger Corporation (Amtrak).

OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

The bill provides $563,000,000 in operating grants to
Amtrak. Such funds are available until expended.
Amtrak is reminded of its obligation to provide the
Committees on Appropriations with the annual budget, business
plan, and five-year financial plan no later than 60 days
after enactment of the bill. Amtrak is directed to notify the
Committees if it expects to miss any of its reporting
deadlines. Amtrak is also directed to provide five day notice
to the Committees on Appropriations before making any changes
to Amtrak's budget, business plan, five-year financial plan,
grant and legislative request and all subsequent supplemental
plans, including any applications to incur debt.

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

The bill provides $1,338,484,000 for capital and debt
service payment grants to Amtrak. Such funds are available
until expended. Within the funds provided, the bill includes
$277,000,000 for Amtrak's debt service payment. The bill
requires that grants made after the first $200,000,000 be
provided only on a reimbursable basis. The bill continues to
support the Amtrak Fleet Plan, but does not include a
specific set aside for this purpose.
Americans with Disabilities Act.--The bill includes
$190,000,000 for compliance with the Americans with
Disabilities Act (ADA). Amtrak is expected to set aside the
funding included and continue to give ADA compliance priority
for the use of these funds.

ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION

Section 150 retains a provision that ceases the
availability of Amtrak funds if the railroad contracts for
services outside the United States for any service performed
by a full-time or part-time Amtrak employee as of July 1,
2006.
Section 151 retains a provision that allows FRA to receive
and use cash or spare parts to repair, and replace damaged
track inspection cars.

Federal Transit Administration

ADMINISTRATIVE EXPENSES

The bill provides $106,700,000 for the administrative
expenses of the Federal Transit Administration (FTA). The
bill specifies that no more than $2,050,000 shall be provided
for travel.
The bill includes $5,000,000 for public transportation
fixed guideway safety oversight activities if authorizing
legislation is enacted before September 30, 2011. It is
important to establish an office for safety oversight and
this appropriation will start that effort.

FORMULA AND BUS GRANTS

(LIQUIDATION OF CONTRACT AUTHORITY)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The bill limits obligations from the Mass Transit Account
for the formula and bus grant program to $8,360,565,000. The
specific programmatic distribution of formula and bus grant
funds will be determined through legislation extending or
reauthorizing the surface transportation programs. The bill
includes a liquidating cash appropriation of $9,200,000,000.
Bus and bus facilities.--Within the funds provided for bus
and bus facilities, the FTA is directed to allocate funds to
the following priorities:

Alternatives analysis.--The FTA is directed to allocate
funds to the following alternatives analysis projects:

(HIGHWAY TRUST FUND)

(RESCISSION)

The bill rescinds $17,394,000 in excess fiscal year 2010
contract authority.

RESEARCH AND UNIVERSITY RESEARCH CENTERS

The bill provides $65,376,000 from the General Fund for
FTA's research activities. Of the amounts provided,
$4,300,000 is for the National Transit Institute, $10,000,000
is for transit cooperative research programs and $7,000,000
is for the university centers program.
Of the remaining funds provided for national research
programs, FTA is directed to allocate funds to the following
activities:

Project name Amount
City of College Station Public Transportation Initiative, TX...$150,000
CTAA Job links, DC...........................................$2,400,000
Innovation in Public Transportation Infrastructure Systems Planning,
College of Staten Island, Staten Island, NY..................$450,000
Project Transit, Philadelphia, PA............................$1,000,000
Queens College Barriers to Public Transportation Survey, NY....$250,000

CAPITAL INVESTMENT GRANTS

The bill provides $1,850,000,000 from the General Fund for
capital investment grants.
New starts and small starts.--Within the funds provided,
FTA is directed to allocate funds to the following projects:

(RESCISSION)

The bill rescinds $25,830,000 of unobligated balances from
Capital Investment Grant funds appropriated in Public Law
111-117.

GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS REDUCTIONS

The bill provides $65,000,000 for energy efficiency and
greenhouse gas reduction grants.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

The bill provides $150,000,000 to carry out section 601 of
division B of Public Law 110-432 to remain available until
expended.
WMATA is directed to provide quarterly reports beginning
January 1, 2011 to the Committees on Appropriations measuring
safety improvements of FTA's Tri-State Audit.

ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION

Longstanding administrative provisions are continued.

Saint Lawrence Seaway Development Corporation

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

The bill provides $33,868,000 for the operations,
maintenance, and capital asset renewal of the Saint Lawrence
Seaway Development Corporation (SLSDC). The bill directs the
SLSDC to use the additional funds for capital investments as
planned for in the Asset Renewal Plan. The SLSDC is directed
to provide an annual report by April 30 of each year
consistent with the requirements stated in the Explanatory
Statement of the Department of Transportation Appropriations
Act of 2009.

Maritime Administration

MARITIME SECURITY PROGRAM

The bill includes $174,000,000 for the maritime security
program.

OPERATIONS AND TRAINING

The bill includes $172,262,000 for the Maritime
Administration's operations and training account. The bill
allocates the funds for operations and training as follows:
U.S. Merchant Marine Academy
Salaries and Benefits.....................................$33,177,000
Midshipman Program..........................................8,402,000
Instructional Program.......................................4,184,000
Program, Direction and Admin................................8,545,000
Maintenance, Repair and Operations..........................9,112,000
Capital Improvements.......................................30,900,000
Midshipman Fee Refunds......................................6,000,000
Subtotal, U.S. Merchant Marine Academy..................100,320,000
State Maritime Academies (SMA)
SMA Direct Payments.........................................2,275,000
Student Incentive Payments..................................2,400,000
Schoolship Maintenance and Repair..........................11,240,000
Subtotal, State Maritime Academies.......................15,915,000
MARAD Operations
Salaries and Benefits......................................29,047,000
Non-Discretionary Operations...............................11,179,000
Information Technology......................................8,865,000
Discretionary Operations and Travel.........................1,686,000
Maritime Program Expenses...................................5,250,000
Subtotal, MARAD Operations...............................56,027,000
Total, Operations and Training.......................$172,262,000

MARAD is directed to provide a quarterly report to the
Committees on Appropriations on the number of vacancies and
the duties associated with each vacant position. These
reports should also break out the number of FTE currently on
board and the estimated number of FTE on board by the end of
the year. The Secretary is also directed to provide the
Committees on Appropriations with a plan to assist MARAD in
addressing the Office of Personnel Management's human
resource audit recommendations within 90 days. The plan
should establish policies, procedures and timelines to
restore the hiring authority of the Maritime Administration.
Environment and Compliance.--The bill includes $4,500,000
to continue the independent testing of ballast water
technologies to meet domestic and international regulatory
requirements, as well as assist in the testing, validation or
certification of air emissions reduction technology with the
Environmental Protection Agency.
Information Technology.--The bill includes additional
resources to implement the data collection, analysis and
reporting requirements of the Cruise Vessel Security and
Safety Act of 2010.

SHIP DISPOSAL

The bill includes $10,000,000 for the disposal of obsolete
vessels of the National Defense Reserve Fleet.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

The bill includes $4,000,000 for the administrative
expenses of the maritime guaranteed loan program (title XI).

ASSISTANCE TO SMALL SHIPYARDS

The bill includes $15,000,000 for assistance to small
shipyards.

ADMINISTRATIVE PROVISION--MARITIME ADMINISTRATION

Section 175 authorizes MARAD to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of MARAD, and allow payments received to be
credited to the Treasury.

Pipeline and Hazardous Materials Safety Administration

OPERATIONAL EXPENSES

(PIPELINE SAFETY FUND)

(INCLUDING TRANSFER OF FUNDS)

The bill provides $23,383,000 for the necessary operational
expenses of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), of which $639,000 is to be derived
from the Pipeline Safety Fund. The bill also requires that of
the available funds, $1,000,000 shall be transferred to
Pipeline Safety to fund pipeline safety information grants to
communities.
Pipeline integrity management.--During the past year, there
have been multiple incidents--such as the crude oil pipeline
failure in Salt Lake City, UT, in June; the oil spill near
Marshall, MI, in July; and the crude oil pipeline failure in
Romeville, IL, in September--that have served as stark
reminders of the importance of maintaining the safety of our
nation's pipeline system that is essential to delivering
vital energy products to U.S. households and businesses. In-
line pipeline pigging devices, when appropriately deployed,
are widely regarded to be the most reliable and cost-
effective means of assessing the integrity of pipeline
infrastructure. However, not all portions of this energy
delivery system are capable of being ``pigged'', that is,
assessed using instrumented in-line inspection (ILI) devices.
Roughly 13,000 miles of natural gas transmission pipelines in
high consequence areas, such as those involved in the San
Bruno incident, are unpiggable and thereby unable to be
inspected by ILI devices under the integrity management
program. These lines are currently assessed either using
pressure testing techniques or a range of direct assessment
methodologies. The bill includes $1,000,000 for PHMSA to
advance research to ensure that more effective integrity
assessment technology, at least as effective as pigging, is
made available to better assess pipeline integrity risks.

HAZARDOUS MATERIALS SAFETY

The bill provides $49,434,000 to continue PHMSA's hazardous
materials safety functions, of which $6,497,000 shall be
available until September 30, 2013. The bill also directs
PHMSA to include a proposal to establish a reasonable user
fee with its fiscal year 2012 budget to assist in covering a
portion of the cost of expenses incurred to process
applications and ensure compliance with the terms of special
permits and approvals issued under 49 U.S.C. 5117. Within the
funds provided, $4,210,000 is for 44 new positions to enable
PHMSA to improve its oversight, management, and processing of
special permits and approvals and $4,790,000 is for
improvements to the PHMSA's data management and information
technology modernization effort and is available until
September 30, 2013.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

The bill provides a total of $111,111,000 for the office of
pipeline safety. Of this amount, $18,905,000 shall be derived
from the Oil Spill Liability Trust Fund and shall be
available until September 30, 2013. The remaining $92,206,000
shall be derived from the Pipeline Safety Fund, of which
$51,206,000 shall remain available until September 30, 2013.
The bill also directs that no less than $1,053,000 of the
funds provided shall be used for the state one-call grant
program.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

The bill provides $28,318,000 for emergency preparedness
grants, of which $188,000 shall be for activities related to
emergency response training curriculum development and
updates.

Research and Innovative Technology Administration

RESEARCH AND DEVELOPMENT

The bill provides $16,790,000 to continue research and
development activities. Of the funds provided, $9,655,000
shall remain available until September 30, 2013.

Activity Conference level
Salaries and Administrative Expenses.........................$7,135,000
Alternative Fuels Safety Research and Development (R&D).........500,000
Research, Development, and Technology Coordination (RD&T).......900,000
Nationwide Differential Global Positioning System (NDGPS).....7,400,000
Positioning, Navigation, and Timing (PN&T)......................855,000
NDGPS.--The bill fully funds the equipment recapitalization
request at $2,000,000 and funds Operations and Maintenance
(O&M) at $5,400,000.

BUREAU OF TRANSPORTATION STATISTICS

(LIMITATION ON OBLIGATIONS)

Under the appropriation of the Federal Highway
Administration, the bill provides $27,000,000 for the Bureau
of Transportation Statistics (BTS). Additionally, the bill
provides $1,000,000 for BTS within the Transportation
Planning, Research, and Development (TPR&D) account.

Office of Inspector General

SALARIES AND EXPENSES

The bill provides $86,406,000 for the activities of the
Office of Inspector General (OIG). The bill also maintains
language which authorizes the OIG to investigate allegations
of fraud and unfair or deceptive practices and unfair methods
of competition by air carriers and ticket agents.

Surface Transportation Board

SALARIES AND EXPENSES

The bill provides $30,874,000 for salaries and expenses of
the surface transportation board. The bill permits the
collection of up to $1,250,000 in user fees to be credited to
this appropriation. The bill provides that the general fund
appropriation be reduced on a dollar-for-dollar basis by the
actual amount collected in user fees to result in a final
appropriation from the general fund estimated at no more than
$29,624,000. Within the total funding level, $625,000 is
provided for upgrades to the Uniform Railroad Costing System.

General Provisions--Department of Transportation

Longstanding general provisions from fiscal year 2010 are
continued unless otherwise noted below.
Section 188 prohibits funds from being used to make a grant
unless the Secretary of Transportation notifies the House and
the Senate Committees on Appropriations no less than three
days in advance of any discretionary grant award, letter of
intent, full funding grant agreement or any project
competitively selected to receive a discretionary grant award
totaling $1,000,000 or more, and directs the Secretary give
concurrent notification for any ``quick release'' of funds
from the Federal Highway Administration's emergency relief
program. Three day notice is also required for programs that
total in excess of $40,000,000.
Section 192 modifies a provision that caps the amount of
fees that the Surface Transportation Board can charge/collect
for rate or practice complaints.
Section 194 clarifies or extends funding for various
projects that were included in previous appropriations Acts.
Section 195 clarifies funding for projects that were
included in SAFETEA-LU and TEA-21.
Section 196 requires the Department of Transportation to
continue a study related to the Missouri River.
Section 197 extends pilot programs related to truck weight
in the States of Maine and Vermont.

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Management and Administration

HUD is directed to provide quarterly updates on its efforts
to improve the Department's hiring, performance appraisal,
and succession planning processes, and the budgeting of S&E
resources. These reports should include updates on the number
of FTE projected for each office in the Department compared
to last year's actual level and the authorized level for the
current fiscal year. Additionally, these reports should track
the obligation of funds provided for each office and
specifically detail any transfer of funds between accounts.
Budget justifications.--HUD is directed to provide more
detailed information on its salaries and expenses request for
each office within the Department in its fiscal year 2012
budget request and all future budget requests. The budget
request must include a detailed justification for the
incremental funding increases, decreases and FTE fluctuations
being requested by program, activity or program element. The
budget request must also include an organizational chart for
each operating area within the Department detailing the
number of FTE per office and changes in these numbers for the
upcoming fiscal year. Additionally, the budget request must
include detailed information on non-personnel related
expenses, including travel, by program office. This should
include information on prior-year travel and travel planned
for fiscal year 2012. For international travel the Department
should include the location and purpose of any proposed
trips.
The Department is reminded that its authority to reprogram
funds between the programs, projects, and activities within
each account without prior approval from the Committees on
Appropriations is limited. In addition, HUD must provide one
month prior notice to the Committees on Appropriations of any
office, program or activity reorganizations.

Executive Direction

The bill provides $28,310,000 for Executive Direction.
Funds are provided as follows:
Immediate Office of the Secretary and Deputy Secretary.......$7,464,000
Office of Hearings and Appeals................................1,706,000
Office of Small and Disadvantaged Business Utilization..........719,000
Immediate Office of the Chief Financial Officer.................839,000
Immediate Office of the General Counsel.......................1,395,500
Office of the Assistant Secretary for Congressional and
Intergovernmental Relations.................................2,709,000
Office of the Assistant Secretary for Public Affairs..........4,691,000
Office of the Assistant Secretary for Public and Indian Affair1,843,000
Office of the Assistant Secretary for Community and Planning
Development.................................................1,487,500
Office of the Assistant Secretary for Housing, Federal Housing
Commissioner................................................3,015,000
Office of the Assistant Secretary for Policy Development and
Research......................................................992,000
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity...................................................700,000
Office of the Chief Operating Officer...........................749,000

ADMINISTRATION, OPERATIONS AND MANAGEMENT

The bill provides $525,040,000 for the administrative
functions of the Department. Funds are provided as follows:
Office of Chief Human Capital Officer--Personnel Compensation and
Benefits..................................................$65,449,000
Office of Departmental Operations and Coordination--Personnel
Compensation and Benefits...................................9,122,000
Office of Field Policy and Management--Personnel Compensation and
Benefits...................................................48,465,000
Office of the Chief Procurement Officer--Personnel Compensation and
Benefits...................................................15,932,000
Office of the Chief Financial Officer--Personnel Compensation and
Benefits...................................................33,597,000
Office of the General Counsel--Personnel Compensation and Ben86,482,000
Office of the Departmental Equal Employment Opportunity--Personnel
Compensation and Benefits...................................3,115,000
Office of Faith-Based and Community Initiatives--Personnel Compensation
and Benefits................................................1,171,000
Office of Sustainability--Personnel Compensation and Benefits.2,237,000
Office of Strategic Planning and Management--Personnel Compensation and
Benefits....................................................3,695,000
Office of Disaster and Emergency Management--Personnel Compensation and
Benefits....................................................4,375,000
Non-personnel expenses......................................251,400,000

HUD is directed to maintain the responsibilities of the
appropriations attorneys under the Office of the Chief
Financial Officer.
The bill provides funding requested for the Acquisition
Workforce Initiative directly to the Office of the Chief
Procurement Officer with the expectation that this funding
will be used primarily to hire additional acquisition staff.
The bill does not include any funding for the design phase
of the modernization of the Robert C. Weaver HUD headquarters
building.
The bill reduces the Department's request for travel-
related expenses by 10 percent with the expectation the
reduction will be absorbed through reductions in conference
and other non-oversight related travel.

Personnel Compensation and Benefits

PUBLIC AND INDIAN HOUSING

The bill provides $194,889,000 for the personnel
compensation and benefits for this account.
The Secretary is directed to submit a comprehensive report
to the House and Senate Committees on Appropriations by May
15, 2011 on the administrative, regulatory and statutory
barriers to the efficient operation of public housing
agencies' (PHA) voucher and public housing programs. The
report should include a list of the reporting and data
systems required of PHAs, and how this information is used.
The Secretary is directed to submit a staffing plan for the
Office of Public and Indian Housing to the House and Senate
Committees on Appropriations within 120 days of enactment of
this Act. This plan should include detailed information on
the allocation of staff among programs, as well as between
field offices and headquarters. In addition, the plan should
address the hiring process to ensure that PIH is bringing on
staff with the appropriate expertise.

COMMUNITY PLANNING AND DEVELOPMENT

The bill provides $104,656,000 for the personnel
compensation and benefits for this account.

HOUSING

The bill provides $390,885,000 for the personnel
compensation and benefits for this account.
HUD is directed to submit a report within 6 months of the
enactment of this Act detailing how LEAN processing in the
Office of Insured Healthcare Facilities is being implemented.
This report should include policies put in place that protect
the program against losses, as well as the staffing necessary
to ensure effective program management. Additionally, the
report should determine whether LEAN processing would be
effective for the Office of Multifamily Housing.

OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

The bill provides $14,000,000 for the personnel
compensation and benefits for this account to be derived from
the GNMA guarantees of mortgage-backed securities guaranteed
loan receipt account.

POLICY DEVELOPMENT AND RESEARCH

The bill provides $21,138,000 for the personnel
compensation and benefits for this account.

FAIR HOUSING AND EQUAL OPPORTUNITY

The bill provides $70,363,000 for the personnel
compensation and benefits for this account.

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

The bill provides $7,151,000 for the personnel compensation
and benefits for this account.

Public and Indian Housing

tenant-based rental assistance

(including transfer of funds)

The bill provides $19,298,997,653 for all tenant-based
Section 8 activities under the Tenant-Based Rental Assistance
Account. Funding is allocated as follows:

Activity Conference level
Voucher Renewals........................................$16,993,997,653
Tenant Protection Vouchers..................................150,000,000
Administrative Fees.......................................1,791,000,000
Family Self-Sufficiency Coordinators.........................60,000,000
Family Unification Incremental Vouchers......................15,000,000
HUD-VASH Incremental Vouchers................................75,000,000
Mainstream vouchers..........................................63,000,000
Disaster vouchers............................................66,000,000
Homeless Demonstration.......................................85,000,000

The bill includes new language requiring HUD to track all
special purpose vouchers.
The bill includes $150,000,000 to protect tenants,
including those low-income residents most at-risk due to
mortgage maturation or expiring use agreements.
HUD is directed to report on VASH utilization rates,
challenges encountered by the program, and increases in the
self-sufficiency and stability of participating veterans
within 90 days of enactment of this Act, instead of January
15, 2011.

HOUSING CERTIFICATE FUND

(RESCISSION)

The bill does not include a rescission from this account.
Unobligated balances, including recaptures and carryover, may
be used for renewal of or amendments to section 8 project-
based contracts and for performance-based contract
administrators.

PUBLIC HOUSING CAPITAL FUND

The bill provides $2,500,000,000 for the Public Housing
Capital Fund.
HUD is directed to report quarterly to the Committees on
Appropriations on the status of all PHAs that are designated
as troubled or are in receivership.

PUBLIC HOUSING OPERATING FUND

(INCLUDING TRANSFER OF FUNDS)

The bill provides $4,775,000,000 for the Public Housing
Operating Fund.

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

The bill provides $200,000,000 for the Revitalization of
Severely Distressed Public Housing program (HOPE VI). The
bill also includes $90,000,000 to continue the demonstration
of the Choice Neighborhoods Initiative that was first funded
in fiscal year 2010. As with HOPE VI, the funding under the
demonstration will continue to focus on addressing housing
needs.

NATIVE AMERICAN HOUSING BLOCK GRANTS

The bill provides $700,000,000 for the Native American
Housing Block Grants.

NATIVE HAWAIIAN HOUSING BLOCK GRANT

The bill provides $13,000,000 for the Native Hawaiian
Housing Block Grant, of which $300,000 shall be for training
and technical assistance, including up to $100,000 for
related travel.

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

The bill provides $9,000,000, to subsidize a loan
limitation of up to $994,000,000.

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

The bill provides $1,044,000 for guaranteed loans for
Native Hawaiian housing to subsidize a total guaranteed loan
principal of up to $41,504,255.
HUD is directed to submit a single report to the House and
Senate Committees on Appropriations on the progress of
obligating current and prior year Native Hawaiian Housing
Block Grant and Native Hawaiian Housing Loan Guarantee funds
within 90 days of enactment of this Act and quarterly
thereafter.

Community Planning and Development

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

The bill provides $345,000,000 for Housing Opportunities
for Persons with AIDS (HOPWA) program.

COMMUNITY DEVELOPMENT FUND

The bill provides $4,450,000,000 for the Community
Development Fund. The bill provides the following:
Formula distribution of funds............................$3,990,000,000
Indian Economic Block Grants.................................65,000,000
Economic Development Initiative Grants......................170,176,000
Neighborhood Initiatives Program.............................23,600,000
Sustainable Communities Initiative..........................150,000,000
Rural Innovation Fund........................................25,000,000
University Community Fund-Section 107 Grants.................26,224,000
The bill provides funding for section 107 grants.
Consistent with prior years, these grants will be awarded
competitively to academic institutions as follows:
Native Alaskan and Hawaiian Serving Institutions.............$3,410,000
Tribal colleges and Universities..............................5,777,000
HBCUs........................................................10,227,000
Hispanic Serving Institutions.................................6,810,000
The Department is directed to implement the Economic
Development Initiatives program as follows:

The Department is directed to implement the Neighborhood
Initiatives program as follows:

The bill includes $150,000,000 for the Sustainable
Communities Initiative.
The bill stipulates that grants may only be made to
metropolitan planning organizations, rural planning
organizations, States, other units of general local
government, housing- and transportation-related nonprofit
organizations, as well as tribal governments and economic
development organizations.
HUD is required to submit a report outlining the use of the
Sustainable Communities Initiative funding, identifying any
changes to the grant criteria or performance metrics that
were established in fiscal year 2010.
HUD is directed to work with the Department of
Transportation to produce a comprehensive list of provisions
in federal regulation and law that act as a barrier to local
efforts to coordinate housing and transportation investments.

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

The bill provides $8,000,000 for costs associated with
section 108 loan guarantees, including administrative costs,
to subsidize a total loan principal of up to $341,880,000.

BROWNFIELDS REDEVELOPMENT

The bill provides $10,000,000 for the Brownfields
Redevelopment program.

HOME INVESTMENT PARTNERSHIPS PROGRAM

The bill provides a total of $1,825,000,000 for this
account.

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

The bill provides $82,000,000 for this account.

HOMELESS ASSISTANCE GRANTS

The bill provides $2,200,000,000 for Homeless Assistance
Grants. Of the amounts provided, at least $345,000,000 is for
the new Emergency Solutions Grant program established under
the HEARTH Act. This program adds prevention and rapid re-
housing to existing activities that have proven to be
effective at reducing the amount of homelessness in
communities, particularly for families with
children. The bill allows HUD to provide a greater
share of resources for this program to more closely meet the
intent of the HEARTH Act.
HUD is directed to continue to include 5-year projections,
on an annual basis, for the cost of renewing the permanent
housing component of the Supportive Housing program and the
Shelter Plus Care program in its fiscal year 2012 budget
justifications.

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

The bill provides $8,882,328,000 for project-based rental
assistance activities. The bill also provides an advance
appropriation of $400,000,000 for fiscal year 2012. This
amount includes $8,950,000,000 for contract renewals and up
to $326,000,000 for contract administrators.

HOUSING FOR THE ELDERLY

The bill provides $825,000,000 for the section 202 program.
Within the funds provided, up to $40,000,000 may be used for
the conversion of 202 units to assisted living facilities.
HUD is directed to submit to the Committees on
Appropriations within 120 days of enactment of this Act a
comprehensive list of both non-legislative ``regulatory''
changes and legislative changes that would improve the
effectiveness of the program as well as a schedule for making
these changes.

HOUSING FOR PERSONS WITH DISABILITIES

The bill provides $235,000,000 for the Section 811 program.
HUD is directed to identify and submit to the Committees on
Appropriations within 150 days of enactment of this Act a
list of all regulatory issues for this program that will
improve implementation, as well as administrative reforms the
Department can complete without legislative action and a
proposed schedule for issuing such reforms.

HOUSING COUNSELING ASSISTANCE

The bill provides $88,000,000 for Housing Counseling
Assistance.

OTHER ASSISTED HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

The bill provides $40,600,000 for Section 236 payments to
State-aided, non-insured projects.

RENT SUPPLEMENT

(RESCISSION)

The bill rescinds $40,600,000 from the Rent Supplement
account.

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

The bill provides $14,000,000 for authorized activities, of
which $7,000,000 is to be derived from the Manufactured
Housing Fees Trust Fund.

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The bill establishes a limitation of $400,000,000,000 on
commitments to guarantee single-family loans during fiscal
year 2011. The bill includes $221,125,000 for contract
expenses, of which up to $71,500,000 may be transferred to
the working capital fund.

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

The bill establishes a $20,000,000,000 limitation on
multifamily and specialized loan guarantees during fiscal
year 2011.
HUD is directed to present a plan to the House and Senate
Committees on Appropriations within 90 days of the enactment
of this Act detailing how the Department will address the
backlog of applications for the Offices of Multifamily
Housing and Insured Healthcare Facilities.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT

The bill includes up to $500,000,000,000 for new
commitments.

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

The bill provides $54,000,000 for research and technology.

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

The bill provides $140,000,000 for the Lead Hazard
Reduction program. Of this amount, the bill includes
$68,000,000 for the lead-based paint hazard control grant
program, $4,000,000 for technical assistance, $20,000,000 for
Healthy Homes Initiative and $48,000,000 for the Lead Hazard
Reduction Demonstration Program. In addition, HUD is directed
to use $250,000 of the funds provided for the Lead Hazard
Reduction Demonstration Program for technical assistance in
conducting communications and outreach activities to
potential applicants of the demonstration program.

MANAGEMENT AND ADMINISTRATION

WORKING CAPITAL FUND

The bill includes $228,500,000 for the Working Capital
Fund.

OFFICE OF INSPECTOR GENERAL

The bill provides $125,000,000 for the Office of the
Inspector General (OIG).
The OIG is directed to submit a staffing plan for the OIG
to the Appropriations Committees within 120days of
enactment of this Act. This plan should include detailed
information on the allocation of staff among issue areas as
well as between field offices and headquarters. In addition,
the plan should address the hiring process to ensure that OIG
is bringing on staff with the appropriate expertise to
conduct necessary oversight.

TRANSFORMATION INITIATIVE

(INCLUDING TRANSFER OF FUNDS)

The bill provides $20,000,000 for combating mortgage fraud
through the Transformation Initiative (TI), as well as the
authority to transfer up to 1 percent of funds from specified
accounts within the Department. The bill language provides
that not less than $100,000,000 and not more than
$116,000,000 shall be for Information Technology and not more
than $45,000,000 shall be for technical assistance.
The bill continues to require reporting requirements on all
funding provided under this heading, as well as a spend plan
and GAO oversight of HUD's IT investments.
Of the amounts provided for research and demonstrations,
the Department shall use necessary funds to complete an
assessment of the effectiveness of HUD-funded service
coordinators and an evaluation of the worst or obsolete
public housing. Any remaining funding should be used
to complete research and demonstrations begun in fiscal year
2010 that were not fully funded.

GENERAL PROVISIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Longstanding administrative provisions are continued unless
otherwise noted below.
Section 212 amends an existing provision to allow HUD to
transfer debt and use agreements from an obsolete project to
a viable project, provided that no additional costs are
incurred, and other conditions are met.
Section 217 modifies a provision instructing HUD on
managing and disposing of any multifamily property that is
owned by HUD.
Section 229 modifies a provision allowing refinancing of
certain section 202 loans.
Section 231 authorizes the Secretary to transfer up to 5
percent of funds among all personnel and non-personnel
accounts, but requires written approval for any transfers
greater than 5 percent or $5,000,000, whichever is less.
Section 233 allows the Secretary to transfer funding from
salaries and expenses accounts to the Working Capital Fund or
the Transformation Initiative for technology improvements.
Section 234 eliminates an unnecessary transfer from the
Rental Housing Assistance Fund to the Flexible Subsidy Fund.

TITLE III

RELATED AGENCIES

ACCESS BOARD

SALARIES AND EXPENSES

The bill provides $7,367,000 for the salaries and expenses
of the Access Board. The funds provided over the budget
request are to support the additional rulemaking requirements
mandated by the Patient Protection and Affordable Care Act
(PPACA).

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

The bill provides $25,300,000 for the salaries and benefits
of the Federal Maritime Commission.

NATIONAL RAILROAD PASSENGER CORPORATION

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The bill provides $20,000,000 for Amtrak's Office of
Inspector General.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The bill provides $104,300,000 for the salaries and
expenses of the National Transportation Safety Board (NTSB),
of which no more than $2,000 may be used for official
reception and representation expenses. Language is included
in the bill to ensure that the NTSB can satisfy its
contractual obligations and use its fiscal year 2011
appropriation to make the lease payments for the Academy.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

The bill provides $300,000,000 for the Neighborhood
Reinvestment Corporation. This amount includes $125,000,000
to continue the National Foreclosure Mitigation Counseling
program and $35,000,000 to rehabilitate or finance the
rehabilitation of affordable housing.

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

The bill provides $3,930,000 for the Interagency Council on
Homelessness. FTEs previously detailed from HUD to ICH have
been moved to this account, including all associated funding,
in order to accurately reflect the use of staff and
resources.

TITLE IV

GENERAL PROVISIONS--THIS ACT

Longstanding general provisions from fiscal year 2010 are
continued unless otherwise noted below.
Section 416 requires DOT and HUD to publish information on
grant programs with an annual budget of $100,000,000 or more,
including criteria for awarding grants, and justifications
for specific awards. Information must be provided when
applications are solicited, received and awarded. This
provision also applies to projects funded under FTA's
``Energy Efficiency and Greenhouse Gas Reduction Grants''
program.

TITLE V--EXTENSION OF CURRENT SURFACE TRANSPORTATION PROGRAMS

Title 5 extends surface transportation programs through
fiscal year 2011.

TITLE VI--EXTENSION OF AVIATION PROGRAMS

Title 6 extends programs of the Federal Aviation
Administration through fiscal year 2011.

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

BUDGET AUTHORITY TOTAL--WITH COMPARISONS

The total new budget (obligational) authority for fiscal
year 2011 provided in the bill, with comparisons to the
fiscal year 2010 amount and the 2011 budget estimates follow:

(In thousands of dollars)

New budget (obligational) authority, fiscal year 2010.......$67,929,457
Budget estimates of new (obligational) authority, fiscal year68,836,693
Bill, fiscal year 2011.......................................66,323,173
Bill compared with:..................................................
New budget (obligational) authority, fiscal year 2010......-1,606,284
-2,529,520imates of new (obligational) authority, fiscal year 2011...

____________________

PRESERVING FOREIGN CRIMINAL ASSETS FOR FORFEITURE ACT OF 2010

Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
Judiciary Committee be discharged from further consideration of S.
4005, and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The bill clerk read as follows:

A bill (S. 4005) to amend title 28, United States Code, to
prevent the proceeds or instrumentalities of foreign crime
located in the United States from being shielded from foreign
forfeiture proceedings.

There being no objection, the Senate proceeded to consider the bill.
Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the
bill be read the third time and passed, the motion to reconsider be
laid upon the table, with no intervening action or debate, and that any
statements relating to the measure be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 4005) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:

S. 4005

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 ``Preserving Foreign Criminal
Assets for Forfeiture Act of 2010''.

SEC. 2. PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE UNDER
FOREIGN LAW.

Section 2467(d)(3)(A) of title 28, United States Code, is
amended to read as follows:
``(A) Restraining orders.--
``(i) In general.--To preserve the availability of property
subject to civil or criminal forfeiture under foreign law,
the Government may apply for, and the court may issue, a
restraining order at any time before or after the initiation
of forfeiture proceedings by a foreign nation.
``(ii) Procedures.--

``(I) In general.--A restraining order under this
subparagraph shall be issued in a manner consistent with
subparagraphs (A), (C), and (E) of paragraph (1) and the
procedural due process protections for a restraining order
under section 983(j) of title 18.
``(II) Application.--For purposes of applying such section
983(j)--

``(aa) references in such section 983(j) to civil
forfeiture or the filing of a complaint shall be deemed to
refer to the applicable foreign criminal or forfeiture
proceedings; and
``(bb) the reference in paragraph (1)(B)(i) of such section
983(j) to the United States shall be deemed to refer to the
foreign nation.''.

____________________

ORDERS FOR WEDNESDAY, DECEMBER 15, 2010

Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that when
the Senate completes its business today, it adjourn until 9:30 a.m.
tomorrow, Wednesday, December 15; that following the prayer and the
pledge, the Journal of proceedings be approved to date; that the
morning hour be deemed to have expired; that the time for the two
leaders be reserved for their use later in the day; that following any
leader remarks there be a period of morning business until 11 a.m.,
with Senators permitted to speak therein for up to 10 minutes each;
that following morning business, the Senate resume consideration of the
motion to concur with respect to H.R. 4853, the vehicle for the tax
compromise, as provided under the previous order.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PROGRAM

Mr. BROWN of Ohio. Mr. President, Senators should expect a series of
up to four rollcall votes at approximately noon tomorrow. At 2:15, the
Senate will proceed to vote on the motion to proceed to executive
session to consider START.
As a reminder, under a previous order, there will be several farewell
speeches tomorrow: Senator Bayh at 10 a.m., Senator Voinovich at 10:30
a.m., and Senator Lincoln following the 2:15 vote.

____________________

ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

Mr. BROWN of Ohio. Mr. President, if there is no further business
before the Senate, I ask unanimous consent that it adjourn under the
previous order.
There being no objection, the Senate, at 9:24 p.m., adjourned until
Wednesday, December 15, at 9:30 a.m.

[[Page 21084]]

EXTENSIONS OF REMARKS
____________________

HONORING GEORGE P. SHULTZ

______

HON. NANCY PELOSI

of california

in the house of representatives

Tuesday, December 14, 2010

Ms. PELOSI. Madam Speaker, I rise today to celebrate the 90th
birthday of a great leader, a true public servant, and a proud resident
of San Francisco: George Pratt Shultz.
Secretary Shultz has lived by the mantra he set forth during his
decades of service: ``You've got to dream a little bit if you're going
to get somewhere.'' Throughout his life, he dreamed more than ``a
little bit''--and his dreams led him to the height of academia,
government, and business.
His dreams led him to the Marine Corps during World War II. They led
him to become a celebrated and decorated professor of economics at some
of our most prestigious institutions of higher learning. And they
certainly drove him to ``get somewhere'' in the public square: serving
as an advisor to Presidents; as a Director of the Office of Management
and Budget; as the Secretary of the Treasury, Labor, and State.
In the closing years of the Cold War, as our leading diplomat,
Secretary Shultz was a powerful, passionate voice for American values
around the world--negotiating when possible to advance the interests of
the United States; standing firm when necessary to defend our country;
striving for peace among nations and advocating on behalf of our strong
moral leadership worldwide.
In recent years, Secretary Shultz brought his experience and wisdom
to two critical challenges facing our country and our planet: climate
change and nuclear non-proliferation.
He understood that global warming is a threat to our national
security, our economy, and our environment. And in California, he
joined the campaign to halt efforts to weaken environmental
protections--and fought to strengthen our clean energy future.
Forever a statesman, he issued a clarion call to build a world free
of nuclear weapons, recognizing that these instruments of war are no
longer necessary in this day and age, and represent a threat to global
security now and in the future.
Known for his dynamic partnerships over the years, Secretary Shultz
has no greater partner than his wife, Charlotte Maillard Shultz. When
Charlotte served as Chief of Protocol for the city and county of San
Francisco, and for the state of California, Secretary Shultz supported
her with his own diplomatic acumen. Today, their partnership, in both
the public and private spheres, continues to enhance our city.
Secretary Shultz has always been, and will always remain for Paul and
me, a patriot, a dedicated public servant, and a friend. An economist,
a business leader, and a statesman: George Shultz followed his dreams.
And on his 90th birthday, we honor his service.

____________________

PERSONAL EXPLANATION

______

HON. CATHY McMORRIS RODGERS

of washington

in the house of representatives

Tuesday, December 14, 2010

Mrs. McMORRIS RODGERS. Madam Speaker, on rollcall No. 611 on H.R.
5987, On Motion to Suspend the Rules and Pass, Seniors Protection Act
of 2010, I am not recorded because I was absent because I gave birth to
my baby daughter. Had I been present, I would have voted, ``nay.''
Madam Speaker, on rollcall No. 612 on H. Res. 1717, On Motion to
Suspend the Rules and Agree, congratulating imprisoned Chinese
democracy advocate Liu Xiaobo on the award of the 2010 Nobel Peace
Prize, I am not recorded because I was absent because I gave birth to
my baby daughter. Had I been present, I would have voted, ``yea.''
Madam Speaker, on rollcall No. 613 on H. Res. 1540, On Motion to
Suspend the Rules and Agree, supporting the goal of eradicating illicit
marijuana cultivation on Federal lands and calling on the Director of
the Office of National Drug Control Policy to develop a coordinated
strategy to permanently dismantle Mexican drug trafficking
organizations operating on Federal lands, I am not recorded because I
was absent because I gave birth to my baby daughter. Had I been
present, I would have voted, ``yea.''
Madam Speaker, on rollcall No. 614 on H. Res. 1531, On Motion to
Suspend the Rules and Agree, expressing support for designation of 2011
as ``World Veterinary Year'' to bring attention to and show
appreciation for the veterinary profession on its 250th anniversary, I
am not recorded because I was absent because I gave birth to my baby
daughter. Had I been present, I would have voted, ``yea.''
Madam Speaker, on rollcall No. 615 on H. Res. 1752, On Agreeing to
the Resolution, Same Day Consideration Rule, Waiving a requirement of
clause 6(a) of rule XIII with respect to consideration of certain
resolutions reported from the Committee on Rules, I am not recorded
because I was absent because I gave birth to my baby daughter. Had I
been present, I would have voted, ``nay.''
Madam Speaker, on rollcall No. 616 on H.R. 6495, On Motion to Suspend
the Rules and Pass, Robert C. Byrd Mine Safety Protection Act of, I am
not recorded because I was absent because I gave birth to my baby
daughter. Had I been present, I would have voted, ``nay.''
Madam Speaker, on rollcall No. 617 on H. Res. 1402, On Motion to
Suspend the Rules and Agree, Recognizing the 50th anniversary of the
National Council for International Visitors, and expressing support for
designation of February 16, 2011, as ``Citizen Diplomacy Day'', I am
not recorded because I was absent because I gave birth to my baby
daughter. Had I been present, I would have voted, ``yea.''
Madam Speaker, on rollcall No. 618 on H. Res. 1704, On Motion to
Suspend the Rules and Agree, Honoring the 2500th anniversary of the
Battle of Marathon, I am not recorded because I was absent because I
gave birth to my baby daughter. Had I been present, I would have voted,
``yea.''
Madam Speaker, on rollcall No. 619 on H.J. Res. 1755, On Agreeing to
the Resolution Providing for consideration of H.R. 3082, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2010, and for other purposes, I am not recorded because I was absent
because I gave birth to my baby daughter. Had I been present, I would
have voted, ``nay.''
Madam Speaker, on rollcall No. 620 on H.R. 4501, On Motion to Suspend
the Rules and Pass, Guarantee of a Legitimate Deal, I am not recorded
because I was absent because I gave birth to my baby daughter. Had I
been present, I would have voted, ``nay.''
Madam Speaker, on rollcall No. 621 on H. Res. 1746, On Motion to
Suspend the Rules and Agree, Recognizing and supporting the efforts of
Welcome Back Veterans to augment the services provided by the
Departments of Defense and Veterans' Affairs in providing timely and
world-class care for veterans and members of the Armed Forces suffering
from PTSD and related psychiatric disorders, I am not recorded because
I was absent because I gave birth to my baby daughter. Had I been
present, I would have voted, ``yea.''
Madam Speaker, on rollcall No. 622 on H.R. 3082 House Amendment, On
Motion to Concur and Amend to H.R. 3082, Continuing Appropriations/Food
Safety Act, I am not recorded because I was absent because I gave birth
to my baby daughter. Had I been present, I would have voted, ``nay.''
Madam Speaker, on rollcall No. 623 on H. Res. 1756, On Agreeing to
the Resolution, Providing for consideration of the Senate amendments to
the bill (H.R. 5281) to amend title 28, United States Code, to clarify
and improve certain provisions relating to the removal of litigation
against Federal officers or agencies to Federal courts, and for other
purposes, I am not recorded because I was absent because I gave birth
to my baby daughter. Had I been present, I would have voted, ``nay.''
Madam Speaker, on rollcall No. 624 on S. 3998, On Motion to Suspend
the Rules and Pass, Criminal History Background Checks Pilot Extension
Act of 2010, I am not recorded because I was absent because I gave
birth to my baby daughter. Had I been present, I would have voted,
``yea.''

[[Page 21085]]

Madam Speaker, on rollcall No. 625 on H.R. 5281, On Motion to Concur
in Senate Amendments #1 and #2, and in #3 With Amendment, To amend
title 28, United States Code, to clarify and improve certain provisions
relating to the removal of litigation against Federal officers or
agencies to Federal courts, and for other purposes, I am not recorded
because I was absent because gave birth to my baby daughter. Had I been
present, I would have voted, ``nay.''

____________________

HONORING RONALD G. YELENIK

______

HON. CHRIS VAN HOLLEN

of maryland

in the house of representatives

Tuesday, December 14, 2010

Mr. VAN HOLLEN. Madam Speaker, I rise today to honor Ronald G.
Yelenik, Assistant General Counsel in the Office of the General Counsel
at the U.S. Consumer Product Safety Commission (CPSC). Mr. Yelenik is
retiring after 35 years of distinguished service at the CPSC.
Mr. Yelenik began his career at the CPSC in 1975. Prior to joining
the CPSC staff, he was a Law Professor at Antioch School of Law, a
Director of East New York Legal Services, a staff attorney at
Brownsville Legal Services, and a Peace Corps volunteer in Costa Rica.
Mr. Yelenik has held various legal positions at the CPSC, chiefly
within the Office of Compliance and Field Operations, and most recently
in the Division of Compliance within the Office of the General Counsel.
He currently manages a staff of 12 attorneys, providing leadership in
devising legal strategies to ensure that manufacturers, importers,
distributors, and retailers of dangerously defective and hazardous
products are held responsible for harm caused to consumers. Over the
years, he has been an excellent mentor to staff attorneys and legal
interns.
Over the course of his long and distinguished Federal career, Mr.
Yelenik helped negotiate numerous major product recalls with such firms
as Wal-Mart, Cosco, and Fisher-Price. The Fisher-Price recall involved
ten million battery-powered Power Wheel ride-on cars that presented a
fire hazard to children. This toy recall was one of the largest and
most expensive recalls in CPSC's history.
Mr. Yelenik has also served as lead counsel in some of the largest
monetary civil penalty cases in the CPSC's history for reporting
violations under section 15(b) of the Consumer Product Safety Act. The
cases include a $4 million civil penalty against the McDonald's
Corporation in 1999; a $1.75 million penalty against Dorel USA (Cosco/
Safety 1st) in 2001; and a $1.1 million penalty against Fisher-Price in
2001. In 2009, he negotiated a $2.3 million civil penalty against
Mattel for multiple violations of the lead paint ban in children's
products. The Mattel violations were one of the catalysts that led to
the passage of the Consumer Product Safety Improvement Act of 2008.
During his tenure at CPSC, Mr. Yelenik has played a major role in
protecting the public from unreasonable risks of injury posed by
consumer products. He has demonstrated inspiring leadership and has
been a valued employee at the CPSC.
Madam Speaker, I am honored to thank Ronald G. Yelenik for his
honorable service to our Nation and I wish him a rewarding retirement.

____________________

HONORING JILL K. DUFFY

______

HON. MIKE THOMPSON

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. THOMPSON of California. Madam Speaker, I rise today to honor Jill
Duffy for her 8 years of distinguished public service on the Humboldt
County Board of Supervisors.
Born in Los Angeles, Ms. Duffy moved to Humboldt County at a young
age. She completed her education at Humboldt State University, where
she studied Environmental Engineering. After serving for 15 years as an
Environmental Compliance Analyst for the City of Arcata and 4 years on
the McKinleyville Community Services District Board, she was elected to
represent Humboldt County's 5th Supervisorial District in 2002.
Throughout her two terms, Jill has been a capable and enthusiastic
voice for the citizens of Humboldt County. She has provided competent
leadership on a variety of issues, including protection of our rich
natural resources. She was appointed by the governor to sit on the
Statewide Watershed Monitoring Advisory Committee and was the county
representative for Klamath River dam removal negotiations. She was also
a stalwart advocate for securing county access to water rights on the
Trinity River.
Jill has been active on numerous committees and boards, including the
California State Association of Counties Working Group for Compact
Negotiations for Indian Gaming, Northwest California Resource
Conservation & Development Council, California Water Environment
Association, North Coast Pollution Prevention Committee, Humboldt Bay
Shellfish Technical Advisory Committee, McKinleyville General Plan
Citizen's Advisory Committee, Redwood National Park Association,
Redwood Coast Energy Authority, Humboldt County Code Enforcement Task
Force Sub-Committee, North Coast Unified Air Quality Management
District, Arcata-Eureka Airport Terminal Building Decoration and
Advertising Committee, and the Humboldt Transit Authority.
Whether through her efforts to safeguard our region's unique
environmental assets or champion the rights of towns to participate in
the county planning process, Ms. Duffy has been a proven relationship
builder and diligent representative.
Madam Speaker, it is appropriate at this time to acknowledge and
thank Jill Duffy for her 8 years of commendable leadership and
unwavering commitment to the citizens of Humboldt County.

____________________

HONORING JOHN TROUT

______

HON. SAM GRAVES

of missouri

in the house of representatives

Tuesday, December 14, 2010

Mr. GRAVES of Missouri. Madam Speaker, I proudly pause to recognize
John Trout. John is a very special young man who has exemplified the
finest qualities of citizenship and leadership by taking an active part
in the Boy Scouts of America, Troop 45, and earning the most
prestigious award of Eagle Scout.
John has been very active with his troop, participating in many scout
activities. Over the many years John has been involved with scouting,
he has not only earned numerous merit badges, but also the respect of
his family, peers, and community. Most notably, John has earned the God
and Country award and represented the United States at Peak 2010, an
international Scout Jamboree in Darby County, England. John has also
contributed to his community through his Eagle Scout project. John
built an outdoor patio for the Juda House, a long-term homeless shelter
in St. Joseph, Missouri. John also designed a playground and ornamental
flower garden for the Juda House.
Madam Speaker, I proudly ask you to join me in commending John Trout
for his accomplishments with the Boy Scouts of America and for his
efforts put forth in achieving the highest distinction of Eagle Scout.

____________________

HONORING THE 75TH ANNIVERSARY OF THE MISSISSIPPI VALLEY FLOOD CONTROL
ASSOCIATION

______

HON. ED WHITFIELD

of kentucky

in the house of representatives

Tuesday, December 14, 2010

Mr. WHITFIELD. Madam Speaker, I rise today to recognize the 75th
anniversary of the Mississippi Valley Flood Control Association. This
Association was instrumental in reforming the flood and navigation
system along the Mississippi River after the 1927 flood, which was one
of the greatest peace-time disasters our nation has seen. This disaster
wrecked the levee system and devastated over 12 million acres and drove
600,000 people from their homes. Losses were estimated at $400 million.
A shining star in this disaster was the quick work of this
Association by organizing a congressional tour at the height of the
flood by special train and boats. This effort paved the way for
legislation developing the Mississippi River and Tributaries Project to
build a levee system to tame the Mississippi River's forces. Today,
this levee system still protects hundreds of thousands of families from
flooding and facilitates transportation in our inland water ways
system.
The Association still lives on under the great leadership of Mr.
George Grugett. Mr. Grugett's career is an example for all of us to
follow. He has served as the Executive Vice President of the
Mississippi Valley Flood Control Association since 1980. During his
service

[[Page 21086]]

to this Association, he has successfully brought together Members of
Congress, senior officials within the Army Corps of Engineers, and
levee boards along the Mississippi River in order to promote and
develop the flood and navigation system that is so important to our
economy.
I can confidently say that with Mr. Grugett's leadership we have made
numerous strides in the areas of flood control and water navigation. I
ask the entire House to join with me to commend Mr. Grugett for his
leadership and dedication to this Association as it marks its 75th
anniversary.

____________________

IN HONOR OF PAT LOE

______

HON. SAM FARR

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. FARR. Madam Speaker, I rise today to honor Pat Loe, on the
occasion of her retirement from the San Benito County Board of
Supervisors. It has been a pleasure working with Pat on various
projects and she will be missed by many.
Pat is a lifelong resident of San Benito County. Prior to her service
on the San Benito County Board of Supervisors, she worked for Tiffany
Motor Company for 34 years.
Pat first began her career in politics when she was appointed to the
San Benito County Planning Commission where she served for 10 years.
Her leadership on the Commission prepared her to run for a seat on the
Hollister City Council. Pat served on the council for four years and
made some momentous advancements for women. She became the first woman
to break the glass ceiling and serve as Mayor for the City of Hollister
allowing many other councilwomen to follow suit.
On March 5, 2002, Pat was elected to the San Benito County Board of
Supervisors, District 3. The County district seat is unique, wholly
within an urban area, geographically in central Hollister, defined by
its established homes, and its population is dominated by longtime
Hollister residents. Pat was reelected on June 6, 2006 to serve a
second term of four years. She was Chair of the San Benito County
Supervisors in 2006 and also served as Vice-Chair in 2010.
Pat served on various committees including the Council of
Governments, Local Agency Formation Commission, Veterans Park
Commission, Children and Families First Commission, Community Action
Board, Intergovernmental Committee, Juvenile Justice Commission, Local
Task Force, Behavioral Health Board, Monterey Bay Unified Air Pollution
Control, Association of Monterey Bay Area Governments, City Revolving
Loan Fund Committee, Gang Prevention Task Force, and National
Association of Counties. She also served on various sub-committees:
Community Development Block Grants, Ethics, Library Vision Committee,
Governance, Redevelopment, Agency Revolving Loan Fund Board, and New
Courthouse Project. She also served on other community organizations
such as the Homeless Task Force, Emmaus House and Relay for Life.
Madam Speaker, on behalf of the House of Representatives, I would
like to extend our Nation's deepest gratitude to Pat Loe for all of her
years of service. I wish her well and hope she enjoys the time with her
family and friends. This is not a goodbye for I know that Pat will
continue to serve the County of San Benito on other capacities. Pat
clearly loves the County of San Benito, and she's changed it, for the
better--with her unique brand of gentle persistence.

____________________

A SALUTE TO THE HONORABLE RICHARD L. HUGHES FOR HIS 15 YEARS OF
PRINCIPLED SERVICE ON THE 67TH DISTRICT COURT

______

HON. GARY C. PETERS

of michigan

in the house of representatives

Tuesday, December 14, 2010

Mr. PETERS. Madam Speaker, I rise today and ask my colleagues to join
me as I salute Richard L. Hughes upon his retirement from the 67th
District Court in Burton, Michigan, after 15 years of proud and
principled service.
Judge Hughes was first appointed to the bench in 1994. He ran
successfully for the balance of the judicial term in 1996, and was
twice re-elected to the position in 1998 and 2004. But his tenure on
the bench was merely a capstone to his many years of formal public
service. Dick's story is truly the archetype of ``local boy makes
good.'' Not many years after graduating from the Detroit College of Law
in 1968 and practicing law in Detroit for a time, Dick and his wife
Suzanne moved their young family to their long-time homestead in
Otisville, just miles from where he was raised.
Dick practiced law in the community for 26 years before his
appointment. During that time and continuing today, Dick was active in
his church and as a Rotarian in the Davison and Burton clubs.
In formal service to the community, Dick truly carried on a long
family tradition of holding public office. He was urged by community
members to serve on the Lakeville School Board when the district was in
the midst of challenging financial times. He served nearly a decade,
and 6 years as president. True to his nature and sense of practicality,
Dick successfully reduced the board member's compensation to just $1 a
year during the lean years.
When Dick was appointed to the 67th District Court bench in 1994, he
was presented the gavel of our great-great grandfather Julian Peters
who was Justice of the Peace for 24 years in Rochester, Michigan. We
are all grateful that Dick has carried on our family's tradition of
proud public service in the judicial branch of government.
I know that Dick's thoughtful expertise on the bench will be missed.
The Burton community is fortunate, however, that Dick's son-in-law Mark
Latchana will carry on Dick's tradition of proud and principled service
after Mark's successful election to the seat this past November.
Madam Speaker, I ask that my colleagues join my salute to my cousin,
Dick Hughes, for his commitment to excellence on the bench, his
dedication to community and family, and his tireless service to the
public. I wish Dick, his wife Suzanne, their children Beth and Michael
and their families the very best enjoyment of Dick's formal retirement.
I have no doubt that although he is shedding the black robe, his
service to the community will continue in earnest for many years to
come.

____________________

``THIS LAND IS MY LAND''--CSM ROCKY SHAPLA, UNITED STATES ARMY

______

HON. GEOFF DAVIS

of kentucky

in the house of representatives

Tuesday, December 14, 2010

Mr. DAVIS of Kentucky. Madam Speaker, today I rise to honor a great
American story, and patriot, Command Sergeant Major Rocky Shapla of
Murray, Kentucky. CSM Shapla has lived the American Dream, arriving in
the U.S. from Yugoslavia at the age of 15. With nothing but the shirt
on his back he would rise up to become a CSM in the United States Army
. . . because of his leadership and drive. He has fought in wars, just
like all of our forefathers who wear the name Patriot . . . because of
their service to country. With over 41 years in the service, his resume
is an outstanding one to say the least. Rocky has been recovering from
injuries sustained in Iraq. He loves the Army, and he loves this
country. As he put it, ``only in America can you come here without
nothing, rise up to become a CSM in the United States Army, and have
dinner at the White House with the President. Its time for this
Kentucky Thoroughbred to come back home to that blue grass that he so
loves, Kentucky and his family. I ask that this tribute penned in his
honor by Albert Caswell be placed in the Record.

This Land Is My Land

This land is my land . . .
This land is our land . . .
All in this Country Tis of Thee so grand . . .
Are but born, such fine son's . . . such son's of liberty who
stand . . .
But, some sons come from far across the seas . . .
To but live the American Dream . . .
So many of our future great Americans, new daughters and sons
. . .
Who but new lives have begun . . .
All in their fine pursuit, of most precious freedom . . .
Who raise their hands and take that oath . . .
With tears in eyes, as all in their hearts as this means the
most . . .
The ones who do it the right way . . .
But, with their own fine lives, are but willing to pay!
As they assimilate, into this great melting pot . . . as its
for them we pray . . .
The ones who will so proudly, wear that uniform . . .
As in their fine hearts, their love of country beats ever on
. . .
Willing to face death, giving up all until none lies left . .
. as they march on . . .
Living the American Dream, raising a fine family . . . daring
to dream!
Rising up through the ranks, into a Command Sergeant Major .
. .
As to him, Rocky we give such thanks . . .
From one war to the next, Rocky's fine life for us has so
been pledged!

[[Page 21087]]

Melding into, one of America's most finest sons!
Yes land is your land, is our land . . .
Training and leading, all of our most courageous daughters
and sons . . .
Succeeding, for Rocky was a man on a mission!
Coming to this new world, with but his great dreams and
visions unfurled . . .
A man who fell in love three times . . .
With his Country, his Wife . . . and the United States Army .
. . double time!
And his children, and Kentucky make five!
To live a great life, all in that old Kentucky Clay . . .
This great land of Lincoln, Ali, and most beloved Henry his
dreams were made . . .
Doing it, doing the Right Way . . . the American Way . . .
Only in America, can one travel across the seas, and a
Command Sergeant Major rise up to be . . .
And raise a fine family, and live the dream . . . a shake the
President's hand it seems!
For hearts of courage full, and fine patriots . . . who live
by that golden rule . . .
Coming across the shores, with hearts of dreams so very full
. . .
This Land is my land, this land is our Land . . . may live
the American Dream so true!

____________________

IN HONOR OF TONY CAMPOS

______

HON. SAM FARR

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. FARR. Madam Speaker, I rise today to honor a model public servant
who dedicated his life to the betterment of the Pajaro Valley on
California's central coast. Tony Campos, a native of the Pajaro Valley,
has served his community as a city councilmember, a mayor, and a county
supervisor since 1987. His leadership and dedication has resulted in
many successes. Moreover, his loyalty and compassion made him a dear
friend to me and many others.
Tony was born and raised in the Pajaro Valley, graduated from
Watsonville High School and attended Cabrillo College. He spent
fourteen years working in the sprawling agricultural fields with his
father. From this strong foundation, Tony sought to continue his
success by becoming a small-business owner. However, the biggest
success in his life came in March of 1977 when he married Becky
Tegenkamp.
In 1987, Tony was elected as to the Watsonville City Council. He was
the first Latino elected to the City Council since the city's
incorporation in 1868. Two years later, he demonstrated exemplary
leadership in the Loma Prieta earthquake and its aftermath. As Mayor of
Watsonville, Tony led the city through one of its worst natural
disasters when the Pajaro River overflowed, flooding large portions of
the Pajaro Valley.
In June of 1998, Tony became the first Latino elected to the Santa
Cruz County Board of Supervisors since 1853. For twelve years, he
fought tirelessly to improve social and health services in the county.
Moreover, as Chairman of the Board, Tony has brought further attention
to the needs of seniors, Latinos, young people, and farm workers.
Recently, Tony accomplished his goal of equal access to the courts and
other government services by playing an instrumental role in the
construction of the new Watsonville Civic Center.
Madam Speaker, it is my honor to recognize this community leader and
to applaud him for his tenure on the Santa Cruz County Board of
Supervisors. As Tony begins the next chapter of his life, he will
continue to be a strong advocate for the Pajaro Valley and the Central
Coast. I wish my friend and his lovely wife all the best in their
future endeavors.

____________________

PERSONAL EXPLANATION

______

HON. NIKI TSONGAS

of massachusetts

in the house of representatives

Tuesday, December 14, 2010

Ms. TSONGAS. Madam Speaker, I was unavoidably detained and was unable
to cast a vote on the following rollcall votes: Rollcall 581 to
designate the Lance Corporal Alexander Scott Arredondo, United States
Marine Corps Post Office Building; rollcall 582 to support the goals
and ideals of a National Mesothelioma Awareness Day; rollcall 584 for
the Claims Resolution Act 2010; rollcall 585 to honor and recognize the
exemplary service of the 60th Air Mobility Wing, the 349th Air Mobility
Wing, the 15th Expeditionary Mobility Task Force, and the 615th
Contingency Response Wing civilians and families serving at Travis Air
Force Base, California; rollcall 586 to honor and recognize the
National Guard on the occasion of its 374th anniversary.
Had I been present, I would have voted ``aye'' for all votes. I am a
cosponsor of the Lance Corporal Arredondo Post Office legislation and
the resolution honoring the National Guard, and I have consistently
voted to recognize and honor the service and sacrifices of our nation's
servicemembers and military families. I commend the National Guard,
which has served our nation with distinction and honor for 374 years
and deserves the greatest respect and gratitude.

____________________

RECOGNITION OF HUGH DORRIAN FOR HIS SERVICE TO THE COMMUNITY

______

HON. MARY JO KILROY

of ohio

in the house of representatives

Tuesday, December 14, 2010

Ms. KILROY. Madam Speaker, I rise today to recognize Hugh Dorrian as
he is honored by the Greater Columbus Irish Cultural Foundation. He has
been a man of honor in politics, something rare in these times. I
cannot remember him ever running a negative ad or engaging in a
personal attack on an opponent. He is recognized by the citizens of
Columbus as someone who serves with great integrity and in whom they
have placed their trust and confidence to safeguard public resources.
In office, he does not play partisan politics. He may not give other
officials the answer that they want to hear, but he can be counted on
to give what he sees as the correct answer about public funds, the
budget and spending.
Hugh Dorrian is a man of faith, a devoted husband and father, and his
name is well-known in the Irish American community.
As Columbus City Auditor for over four decades, Hugh has seen many
changes yet remained steadfast in his commitment to managing the City's
fiscal resources. He was awarded the Certificate of Excellence in
Financial Reporting from the Government Finance Officers Association
for 30 consecutive years.
Hugh has received numerous accolades throughout the years including
the St. Charles Preparatory School Borromean Medal for Distinguished
Alumni Achievement, the Ohio State University School of Public Policy
Outstanding Local Public Service Award, the City of Columbus Equal
Business Opportunity Department Minority/Female Business Advocate
Award, the Ohio Government Finance Officers' Association Ethics in
Government Award and Lifetime Achievement Award. He served on the
Police and Firemen's Disability and Pension Fund of Ohio Board of
Trustees, was a member of the Investment Committee from 1973 to 1992
and sat on the advisory board at St. Charles Preparatory High School
for several years.
A Certified Public Accountant and alumnus of the Ohio State
University, Hugh lectured at the Graduate School of Public Policy and
Management teaching Governmental and Non-profit Accounting from 1984 to
2006 while simultaneously holding elective office. In 1991, he taught
an accounting and auditing seminar in Russia at the request of the
Leningrad-St. Petersburg City Council.
Also distinguished in service to his church, Hugh was awarded the Pro
Ecclesia et Pontifice (For the Church and the Pope) medal by Pope John
Paul II, the highest honor given to a member of the laity. Hugh's many
honors and awards have made him the subject of feature articles in
several local publications and he is beloved in our community.
I ask my colleagues to please join me in congratulating Hugh Dorrian
as he is honored once more for his lifetime of public service and
dedication to the people of Columbus, Ohio.

____________________

IN HONOR OF RAFAEL REYEZ DAVILA

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mr. KUCINICH. Madam Speaker, I rise today in honor of Rafael Reyez
Davila of Cleveland, Ohio, on the occasion of his being honored by the
American Nationalities Movement, and for his lifetime of service and
commitment to his community.
Mr. Davila attended local elementary and high school and graduated
from Cuyahoga Community College in 1965 with an associate's degree in
accounting. He worked at the Lowe Marschalk Advertising Agency, where
he rose to the position of Senior Vice President of Finance and
Administration before leaving in 1986. By the end of his fifteen-year
career

[[Page 21088]]

with Marschalk, Mr. Davila was directly supervising fifteen staff
members and was instrumental in hiring the entire office staff of about
100.
In 1989, Mr. Davila founded Davila and Associates Advertising Agency.
His experience and knowledge of the Latino community gave him the
expertise to start Ohio's first advertising agency with a specialty in
the Latino market. Davila and Associates has been very active in the
Cleveland community since its founding, hosting its First Annual Latino
Business Seminar in 1992, first publishing its monthly Hispanic
Entrepreneur Bulletin the same year, and currently working to publish
``The Latino Entrepreneur Business Directory of Ohio'' in 2011.
Mr. Davila has held many positions in Cleveland's Latino community;
some of the local organizations in which he has served include the
Hispanic AIDS Task Force, Esperanza, Image, the Hispanic Business
Association, the Cleveland Hispanic Republican Party, Latino
Entrepreneur International, and the Ohio Bicentennial Advisory Council.
He has also been a member of the U.S. Hispanic Chamber of Commerce from
1988 to the present, the president of the Hispanic Athletes Network,
which he founded in 1991, and founder and current president of Latinos
Unidos.
Madam Speaker and colleagues, please join me in honoring Rafael Reyez
Davila for his lifetime accomplishments and service. His commitment to
the Latino community and the greater Cleveland area shows in his clear
dedication to helping others, and his leadership in community
organizations has changed the lives of countless people in a positive
way.

____________________

HONORING BONNIE NEELY

______

HON. MIKE THOMPSON

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. THOMPSON of California. Madam Speaker, I rise today to honor
Bonnie Neely for her twenty-four years of distinguished public service
on the Humboldt County Board of Supervisors.
First elected to Humboldt County's 4th Supervisorial District on
November 3, 1986, Ms. Neely has been an outstanding public servant with
a reputation for astute knowledge of local issues, creative problem
solving and compassion for people. She has proven herself as a skilled
collaborator and tireless advocate for the citizens of Humboldt County.
Throughout her tenure as Supervisor, Ms. Neely has provided strong
and resourceful leadership on community issues ranging from
homelessness to natural resources. She was appointed by two Governors
to sit on the statewide California Coastal Commission and California
Board of Forestry and Fire Protection. She has been active on numerous
local committees and boards, such as the Humboldt County Children and
Families Commission, Humboldt County Convention and Visitors Bureau,
Humboldt Bay Harbor Revitalization Advisory Committee, Redwood Empire
Association, Redwood Community Action Agency, and the Rotary Club of
Eureka.
A native of Humboldt County, Bonnie attended Humboldt State
University and transferred to London, England to continue her education
before returning home to complete her bachelor's degree in Liberal
Arts.
Ms. Neely has a demonstrated passion for promoting our region's
artistic culture and rich quality of life. She is Board President of
Dell'Arte International, a founding member of the North Coast Repertory
Theatre, and co-founder and board member of the Redwood Coast Music
Festivals and the Humboldt Library Foundation. Along with her fellow
board members, she also helped to establish the Headwaters Fund to
support community development projects.
A dedicated champion for the citizens of Humboldt County, Bonnie has
received numerous awards including the ``Woman of Distinction Award''
from the Soroptimist International of Humboldt Bay, Award of
Outstanding Service to Homeless from the Redwood Community Action
Agency, Community Achievement Award from the U.S. Department of Health
and Human Services, Friend of Seniors Award from the Area 1 Agency on
Aging, Paul Harris Fellow Award from the Rotary Foundation, and the
Contributor to the Arts Award from the Humboldt Arts Council.
Madam Speaker, it is appropriate at this time to acknowledge and
thank Bonnie Neely for her 24 years of exemplary leadership and lasting
contributions that have done so much to directly improve the lives of
those she has so ably represented.

____________________

PERSONAL EXPLANATION

______

HON. STEVE COHEN

of tennessee

in the house of representatives

Tuesday, December 14, 2010

Mr. COHEN. Madam Speaker, I was detained from voting due to a family
emergency on Thursday, December 9. If present, I would have voted
``yea'' on the following rollcall votes: Rollcall 626 and rollcall 627.

____________________

COMMENDING YUVRAJ PURI FOR EXCELLENCE IN EDUCATION

______

HON. ENI F.H. FALEOMAVAEGA

of american samoa

in the house of representatives

Tuesday, December 14, 2010

Mr. FALEOMAVAEGA. Madam Speaker, I rise today to commend Yuvraj Puri
for his initiative in crafting a bill to reduce the amount of annual
Medicare fraud and prevent future Medicare fraud. Yuvraj is 13 years
old and attends Cooper Middle School in McLean, Virginia, where he is
currently in the 8th grade.
As a second-generation Indian-American and in tribute to his Asian
culture which teaches children to respect and take care of their
elders, it has been Yuvraj's dream to work with senior citizens. In
fact, for the past 3 months, Yuvraj has been volunteering at the
Herndon Senior Center for 4 hours every week.
At the center, his primary duties are to update the database, set up
bingo, clean up and lock down the center, type up the lunch menu,
decorate, write the program board, and clean out the closet for
recyclables.
This experience has instilled in Yuvraj a desire to take his work
further and so he chose to research Medicare fraud and present a paper
and draft a bill as part of an assignment at school. Although the
school had each student partner with another, I am impressed that
Yuvraj went beyond what he was required to do and, on his own
initiative, sought to visit the U.S. Congress to see how bills are
introduced, managed and eventually passed into law.
As an Asian-Pacific American, Yuvraj also requested a meeting with
Members of the Executive Board of the Congressional Asian Pacific
American Caucus (CAPAC), including the Chair, Vice-Chair, and Secretary
who serves as Chair of the CAPAC's Healthcare Task Force. Since its
inception in 1994, CAPAC has continued its commitment to promote and
secure equal rights for not only Asian Americans and Pacific Islanders
(AAPI), but all Americans.
Through his research, Yuvraj learned that CAPAC fights to eliminate
health care disparities and works to ensure that Asian Americans and
Pacific Islander (AAPI) communities are not left out of policy
decisions. Recognizing CAPAC's importance and knowing that CAPAC can
influence the passage or defeat of a bill, Yuvraj referenced CAPAC in
his presentation and sought a meeting with us to present his bill,
especially since he is a member of the AAPI community.
Today, it was our honor to personally meet Yuvraj and accept his
bill, and I thank Congressman Mike Honda, Chairman of CAPAC, and also
Congresswoman Madeleine Bordallo, Chair of CAPAC's Healthcare
Taskforce, for joining with me to commend Yuvraj for his initiative.
As Members of CAPAC's Executive Board, we join together in wishing
Yuvraj much success in his pursuit to attend the Thomas Jefferson
School for Science and Technology (TJSST) in Alexandria, Virginia. We
believe Yuvraj is a rare student who has the capability to become a
leader of the 21st century and it is clear that his intellectual
curiosity will serve him well on his road to study medicine at
Princeton as he seeks to do all he can do to serve the elderly to the
best of his ability.
Again, I commend Yuvraj for his self-motivation and aspirations, and
I extend to him and his family my very best regards.

____________________

``TRUTH EMERGING IN KENT STATE COLD CASE HOMICIDE'' BY LAUREL KRAUSE

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mr. KUCINICH. Madam Speaker, this prose by Laurel Krause is entered
into the Congressional Record at the request of Laurel Krause, whose
sister Allison Krause was shot and killed as she protested the Vietnam
War at Kent State University on May 4, 1970. Laurel is the co-founder
and director of the Kent State Truth Tribunal.

[[Page 21089]]

Truth Emerging in the Kent State Cold Case Homicide

The government crossed the line
in the killing of four young people
in the killing of our Allison
as she rallied against the war on May 4, 1970
A civil rights battle on U.S. soil in our times
Kent State is personal for us yet important for all

Arthur Krause knew the importance
of the Kent State Tape
My dad knew it held the truth
of what happened at Kent State
even though back in 1970
and until just recently
truth from the Kent State Tape was locked up
in a jumbled maze of analog antiquity
Dad passed away over 20 years ago
He knew the truth in the Kent State Tape

A patriot and WWII soldier
Dad believed the American dream
When Allison his firstborn
a freshman at Kent State University
was protesting the Vietnam war on her campus
He never anticipated the American apocalypse our family would
endure
at the hands of our government

Like Sandy, Jeff and Bill
our Allison was shot dead at Kent State
Homicide by national guard gunfire
Dad knew they got away with murder
at Kent State University
just after noon on May 4, 1970

Over the next ten years
Dad sought truth and justice at Kent State
demanding to know what happened to our Allison
Taking it to the courts yielded only
road blocks, cover-ups and threats
Every effort to uncover and face
the deadly inhumanity of Kent State
was completely thwarted

A series of seamless stonewalls
Never examining the wrongs of Kent State
No accountability for the killings of Kent State
Not one person or group ever held responsible
Not one apology uttered

Yet governmental claims were consistent:
There was no order to fire
The Guard reacted to sniper fire
The Guard felt under attack from the students

A government-fabricated pack of lies
that has now transformed
into the recorded history
of the killings of Kent State
That is . . . until 2010
and the examination of the Kent State Tape

40 years after the shootings
the Kent State Tape that Dad held so dear
that was evidence in his court cases
finally examined using
tools of state-of-the-art audio technology
unlocking the true record of what occurred
at Kent State on May 4, 1970

Sounds expertly analyzed by
world-class forensic scientist Stuart Allen
commissioned by the Cleveland Plain Dealer
to explore the Kent State Tape
for the very first time

Whether copy or original is moot
Truth is recorded in the Kent State Tape
A tape does not remember, forget or change its story
The Kent State Tape does not lie

At the Kent State Truth Tribunal in NYC
October 2010 with Stuart Allen examining
Hearing and unraveling the labyrinth of deadly sounds
including shots and national guard commands
and a violent altercation with FBI-paid Terry Norman
all contributing to the shootings at Kent State 1970

The government denied
orders to fire were isolated, heard and verified
orders of Guard, Prepare to Fire
orders of Alright, Guard, Fiii-
with the last word of the deadly order stepped on
by a barrage of 67 shots over 13 seconds

At unarmed students changing classes at noon
At unarmed students more than a football field away
At unarmed students rallying against the Vietnam War
At unarmed students rallying against the military occupation
of their campus
in a battle where American dissent was also slaughtered

____________________

HONORING TSGT WILLIAM TIMOTHY ``TIM'' WYMORE

______

HON. W. TODD AKIN

of missouri

in the house of representatives

Tuesday, December 14, 2010

Mr. AKIN. Madam Speaker, I rise today to honor TSgt William Timothy
``Tim'' Wymore, an 18 year veteran of the Missouri Air National Guard
and of Operation Enduring Freedom. I have the honor to count Tim Wymore
as a constituent.
During a ``Hometown Heroes Salute'' on 4 December the Missouri Air
National Guard paid special tribute to TSgt Wymore for his service. I
am grateful to the Guard for recognizing Tim's contribution to the
security of our country.
In 2004, Tim deployed to Balad, Iraq, one of our largest air bases,
with Missouri's 131st Bomb Wing. He was one of only five members of his
unit sent to Iraq. While everyone who goes to war is affected, some
return more affected then others. Tim Wymore is one such person.
Tim is one of thousands of our service members exposed to hazardous
materials while operating in and around the burn pits in Iraq. Since
returning, Tim's health has deteriorated to the point where he is
unable to work. He's been in and out of the hospital and today cannot
stand on his own and relies on oxygen to breath.
Through it all, Shanna, his wife of 25 years has not only stood by
his side, but fought to get the benefits and care he deserves from a
system sometimes indifferent to his suffering. I got to know Tim and
Shanna after they contacted my office seeking assistance with the
Veterans Administration.
Madam Speaker, I stand here today to honor TSgt Tim Wymore, so I
won't take further time to elaborate on how the system has failed to
support this warfighter. I will only say that I will continue to work
to see that the Veterans Administration is held accountable for how it
serves our citizen soldiers.
Despite his suffering, Tim Wymore remains a patriotic citizen and
father. In fact, rather than try and dissuade his son from serving in
uniform, he supports his youngest son Cody's decision to follow in his
footsteps and enlist in the United States Air Force.
I pray God bless the Wymore family and the United States of America.

____________________

``STEVEN SOLARZ: A GREAT MEMBER OF CONGRESS''

______

HON. BARNEY FRANK

of massachusetts

in the house of representatives

Tuesday, December 14, 2010

Mr. FRANK of Massachusetts. Madam Speaker, earlier this month,
America lost one of the outstanding people to have served in this
House. Steven Solarz was a Member of the House from 1974-1992, and no
Member either in my personal experience or in my reading of history was
a more effective and constructive leader in foreign policy as a Member
of the House. Too often, Members of Congress, especially the House
Members, distinguish themselves in the foreign policy field mostly in a
negative way. Sometimes that is a very good thing because these Members
are preventing things from happening that shouldn't happen. But there
is a tendency to demagogue and to play to public dislike of foreigners.
Steven Solarz was a role model for those who think that Members of the
House have a constructive role to play in foreign policy. Without ever
having risen to the chairmanship of the Foreign Affairs Committee, he
made himself an extremely significant positive force in foreign policy,
for human rights, and for constructive American relations with a wide
range of nations. He understood the importance of our being strong when
we had to be, and of our being open and generous when that was called
for.
Madam Speaker, Steve Solarz was a personal friend of mine for many
years, and I suppose that people could claim that I have exaggerated
the greatness of the role he played because of that. So I was
particularly pleased to see that one of the best students of Congress,
Norman Ornstein, expressed eloquently and cogently the importance of
the role Steve Solarz played in foreign policy as a House Member, in
his December 8, 2010 article in Roll Call.
Madam Speaker, as an example that I believe all Members ought to
aspire to, I ask that Norman Ornstein's deserved tribute to Steven
Solarz's foreign policy leadership be printed here.

[From Roll Call, Dec. 8, 2010]

Rep. Solarz Was a Leader Worth Remembering

(By Norman Ornstein)

This is the season for farewell addresses from many
lawmakers leaving at the end of the 111th Congress. Some
speeches, such as those of Sen. Ted Kaufman (D-Del.) a few
weeks back and of Sen. Chris Dodd (D-Conn.) last week, are
particularly poignant, reflecting decades of dedication to
the Senate and reverence for its traditions (if a touch too
much deference to its existing rules and too little concern
for how the contemporary abuse of the norms have distorted
those traditions and call for modest but meaningful tweaks in
those rules).

[[Page 21090]]

But their eloquence underscores how elections, while
bringing necessary change for a democracy and reaffirming
popular will, also result in the departure of some of the
most solid citizens of the Congressional village. The loss of
expertise, insight and institutional memory--not to mention
fundamental decency--that comes with the departures, some
voluntary and some not, of people such as Reps. John Spratt
(D-S.C.), James Oberstar (D-Minn.) and Ike Skelton (D-Mo.)
and Sens. George Voinovich (R-Ohio), Judd Gregg (R-N.H.) and
Evan Bayh (D-Ind.), among others, is painful to those of us
who care about Congress.
Then there are other losses. Former Rep. Steve Solarz (D-
N.Y.) died last week at age 70, after a four-year battle with
esophageal cancer. While he received prominent obituaries in
the Washington Post and the New York Times, chances are many
new and not-so-new Members of Congress who weren't around in
the 18 years that Solarz served in the House, from 1975 to
1993, were either unaware of his passing or paid little
attention to it. As a start, they should go back and read
those obituaries, and then make a note to read his wonderful
book, ``Journeys to War and Peace: A Congressional Memoir,''
which will be published next year.
I wrote a foreword for the book, in which I noted my
striking experiences on visits to the Philippines and
Cambodia; in each case, when I met with academics, high
government officials and others, I was asked frequently, ``Do
you know Steve Solarz?'' In the Philippines, actually, the
question was, ``Do you know Steve Solarz personally? He
helped save my country from dictatorship.'' In Cambodia, it
was whether I knew the Steve Solarz who was instrumental in
saving Cambodia from the murderous excesses of the Khmer
Rouge.
Solarz was not a secretary of State, a Senator or even the
chairman of a powerful committee. He was a rank-and-file
House Member who, by the force of his personality, a
remarkable work ethic, a political savvy, an articulateness
unmatched in contemporary politics, a commitment to democracy
and human rights mixed with hard-headed sense of reality, and
a willingness to work across the aisle to accomplish mutual
goals, had a greater effect on the world than most
secretaries of State, Senators and chairmen of powerful
panels.
Solarz traveled the world, but not with Congressional
delegations; he went alone. American embassy personnel
dreaded his arrival; they would not have to arrange trips to
the souk or the rug store, but would instead have to keep up
with 18-hour days choreographed by Solarz to include meetings
with the foreign minister, the defense minister, the
intelligence chief and the key opposition figures.
When he scoped out situations and found corruption, abuse
of power and worse, he used his skills and connections to
relentlessly push for change. Back in Washington, D.C., his
office became a home away from home for dissident leaders
from around the world who got short shrift elsewhere. As a
consequence, to pick one example, Solarz probably had better
ties with the Kurdish leaders in Iraq than any other
American.
Solarz's shining moment, perhaps, was on the House floor
during the stirring debate over whether to authorize the use
of force against Saddam Hussein after his invasion of Kuwait,
i.e., the first Gulf War. There were dozens of emotional and
wrenching speeches as Members struggled with the decision
about whether to send young Americans to war, and perhaps to
death; at the time, there were predictions of potential
mayhem in the desert. When liberal Democrat Solarz stood up
and spoke in favor of the authorization, it was truly a
riveting moment. Everyone stopped to listen. He was powerful
and eloquent, and he did as much as anyone to shape the
outcome. There are few examples in which an individual
lawmaker has any effect, much less one that is consequential,
from a speech on the House floor.
It is hard to imagine another Solarz emerging in a
political system that is now so polarized that a powerful an
opinion leaders and statesmen like Sen. Dick Lugar (R-Ind.)
cannot persuade his own party colleagues to vote for the new
Strategic Arms Reduction Treaty. It is even harder to imagine
a House Member throwing himself into peripatetic travel to
every corner of the globe and trying to shape events and
outcomes in the world without being shredded by cable news
and anonymously funded campaign attack machines, or finding
ways to build unlikely and persuasive partnerships across
every partisan and ideological divide. But it is not
impossible to imagine some new Members of both parties
persuaded by Solarz's example to take some trips abroad
despite the predictable criticism of junkets and the equally
predictable partisan flak, and to think about core values of
freedom, human rights and America's national interest as
transcending petty partisan interests. At least I like to
think is not impossible.

____________________

THE FIRE DEPARTMENT OF LONG BEACH, CALIFORNIA

______

HON. LAURA RICHARDSON

of california

in the house of representatives

Tuesday, December 14, 2010

Ms. RICHARDSON. Madam Speaker, I rise today to recognize the Fire
Department of Long Beach, California. Specifically, I would like to
thank and honor firefighter paramedics Chuck Hakopian, Mark Miller,
Joyce Vanderweide, and Carston Sorensen for their heroic response to an
apartment fire in Long Beach last week. These firefighters risked their
lives to save a young boy who was trapped in his bedroom as flames
engulfed his family's apartment. Thanks to their bravery, 2-year-old
Justin Aruomah is in stable condition and continues to improve daily.
We must never take for granted the men and women of the local fire
departments across the country who courageously respond to emergencies
on a daily basis, risking their lives to save those of others. Their
willingness to face danger in order to serve and protect their
communities affords us a peace of mind that too often goes
underappreciated.
Madam Speaker, I am humbled by the firefighters of the Long Beach
Fire Department, whose bravery and devotion to their community is
nothing short of heroic. The events of last Monday, December 6, 2010 is
only one of many moving examples of this heroism.
Just after midnight, firefighter Chuck Hakopian and Carston Sorenson
rushed into a burning apartment. They ran up the apartment's stairs
through billowing clouds of smoke and into a bedroom that was engulfed
in flames. The floor in the room was so weakened by the fire that Mr.
Hakopian fell through the floor to his elbows. After pulling himself up
and out of the collapsed floor, he rushed into a second bedroom, where
he found 2-year-old Justin Aruomah lying face down on the floor. As Mr.
Sorenson battled the flames with a fire hose, Mr. Hakopian covered the
boy's head and body and rushed him out of the burning house to awaiting
paramedics Mark Miller and Joyce Vanderweide. Justin was unconscious,
but alive. As he was rushed to the hospital, Ms. Vanderweide and Mr.
Miller were able to revive his breathing. Justin was soon placed in
critical condition. Thanks to these brave men and women he is alive and
recuperating.
I do not share this story of bravery and sacrifice because it is any
way uncommon. The firefighters of the Long Beach Fire Department, along
with departments across the country, risk their lives every day to
protect people who they have never met. These acts of selflessness are
typically accompanied by little fanfare. These brave men and women
simply return to work the next day to await the call of duty.
I share this story because it is a powerful reminder of the need to
support the men and women who stand ready to serve our communities, day
and night. We have an obligation to provide our firefighters--along
with our police officers, paramedics, and all other emergency
responders--with the resources that they need to do their job
successfully and as safely as possible. This means providing enough
funding for them to afford all the necessary training and cutting-edge
equipment. This is the right thing to do for the men and women who
dedicate their lives to serving our communities.
As the Chair of the Homeland Security Committee's Subcommittee on
Emergency Communication, Preparedness, and Response, supporting our
emergency responders is one of my top priorities in Congress. Emergency
situations cannot always be prevented, but their effects can be
mitigated by ensuring that emergency responders have all the resources
that they need to protect us.
Again, I thank Chuck Hakopian, Mark Miller, Joyce Vanderweide, and
Carston Sorensen of the Long Beach Fire Department and the emergency
responders all across the country who risk their lives on behalf of
their communities. Your courage and selflessness do not go unnoticed.

____________________

IN HONOR OF ALEX MACHASKEE

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mr. KUCINICH. Madam Speaker, I rise today in recognition of Alex
Machaskee of Warren, Ohio on the occasion of his being honored by the
American Nationalities Movement, and for his lifetime of service,
commitment, and dedication to the greater Cleveland community.
Mr. Machaskee graduated from Cleveland State University with a
bachelor's degree in marketing. He worked at the Warren Tribune before
joining the Plain Dealer in 1960. He moved up the ranks, becoming
Publisher and President in 1990. In this position he initiated

[[Page 21091]]

a large expansion program, in which the Plain Dealer improved the
quality of its service by investing in a new facility, a redesigned
distribution system, and expanded coverage of local news. He retired in
2006, capping a 46-year career at the Plain Dealer.
As a result of his prolific career in journalism, Mr. Machaskee has
been recognized by many local organizations and institutions. He has
received honorary Doctor of Humane Letters from Cleveland State
University, the University of Akron, and Heidelberg College. Some of
his honors and awards include the Ellis Island Medal of Honor from the
National Ethnic Coalition Organization, the Whitney M. Young
Humanitarian Award from the Urban League of Cleveland, and the
Nonprofit Board Executive of the Year Award from the World Trade Center
Cleveland. He has also been inducted into the Northeast Ohio Business
and Cleveland Journalism Halls of Fame.
In a further demonstration of his dedication and commitment to the
Cleveland community, Mr. Machaskee has been welcomed into the boards of
many local nonprofit organizations. Some of the cultural institutions
whose boards he joined include the Musical Arts Association of the
Cleveland Orchestra, the International Orthodox Christian Charities,
the Cleveland Museum of Art, the Cleveland Council on World Affairs,
the Cleveland Opera, and United Way Services.
Madam Speaker and colleagues, please join me in honor of Alex
Machaskee for his decades of commitment and service to the greater
Cleveland area. His leadership of the Plain Dealer and his efforts in
greater Cleveland area nonprofit organizations demonstrate the strength
of his character and the dedication he feels to his community. I
commend Mr. Machaskee and wish him success in his future efforts.

____________________

RETIRED MAJOR GENERAL FREDERICK HARWOOD ``FRED'' FORSTER

______

HON. JOHN J. DUNCAN, JR.

of tennessee

in the house of representatives

Tuesday, December 14, 2010

Mr. DUNCAN. Madam Speaker, Retired Major General Frederick Harwood
``Fred'' Forster passed away on November 18, 2010, after a long and
very brave battle with cancer. I do not know another person who has met
such a challenge with more strength, faith, and grace.
Fred was a very patriotic American and one of the finest men I have
ever known. He had an immeasurable impact on Blount County, Tennessee,
and the United States in many positive ways.
Upon reporting the news of his death, The Daily Times newspaper in
Maryville, Tennessee, referred to Fred as ``a community treasure.''
Fred's pastor at Mount Lebanon Baptist Church said Blount County has
lost a ``great man and friend to this community,'' and he continued on
to say that, ``(Fred) believed in prayer and accepted the will of God
without complaint. Dignity, respect, honor, faith, love, commitment;
these are the words that describe Fred.''
Sharon Hannum, Chair of the Blount County Chamber Foundation, said,
``I have met no stronger, dedicated and compassionate leader than in
the person of Fred Forster.''
Former Maryville Mayor Joe Swann said, ``His steadfastness in the
face of such adversity makes him the solider we point to and say, `I
had the great privilege of knowing that remarkable man.'''
Senator Lamar Alexander, a native of Maryville himself, called Fred a
friend and said, ``Blount County and I will miss him greatly.''
Fred is perhaps best known for his success in the military.
Commissioned as a second lieutenant in 1968, his accomplishments as a
pilot and natural leadership abilities propelled Fred to the rank of
assistant adjutant general of the Tennessee Air National Guard at the
time of his retirement in 2003.
During his 35-year service, he served as commander of the 134th Air
Refueling Wing, Tennessee Air National Guard, and chief of staff of the
Tennessee Air National Guard.
Fred's time in the military took him through the Air Command and
Staff College, Army Command and General Staff College, and Air War
College. He received countless decorations, including a Bronze Star,
and served in Thailand and the United Arab Emirates, playing an
important role in the liberation of Kuwait during Operations Desert
Shield and Desert Storm.
Fred also found much success in community development. He served as
chief executive officer of the Blount Partnership, a venture made up by
the Blount County Chamber of Commerce, Industrial Development Board,
Smoky Mountain Convention and Visitors Bureau and Blount Chamber
Foundation.
His time at the Chamber is admired by all who were lucky enough to
work with him until his retirement earlier this year.
As you would imagine, Fred's work did not stop with the military or
his time at the Chamber. He devoted much time to other civic and
private organizations too numerous to name in this space.
Fred was buried with full military honors at Mount Lebanon Baptist
Church, and I attended his graveside service along with many hundreds
of other people. It was very obvious to everyone who was there how
loved and respected he was in the community.
Recently, Fred's father-in-law, Garland DeLozier, also passed away.
Garland was a community leader in his own right, and I offer my
condolences to Fred's wife, Carolyn, who has lost her husband and
father in such a short span of time.
Before his passing, Fred said of Carolyn, ``She was invaluable.
Couldn't ask for a better supporter and a partner and a helper and
sustainer.''
Fred's daughter Rebecca was one of my House Pages and is now a member
of my staff, and her sister, Joy, interned for me in 1996. I know the
pain myself of losing a father at about their age, but they should have
much comfort in knowing how loved and admired their dad was by everyone
and how proud he was of their own accomplishments.
Fred was very devoted to his family, and he will be greatly missed by
Carolyn, Joy, and Rebecca, as well as his daughter, Katherine;
grandchildren Drew and Caroline; mother, Harriet; and sister, Jane.
Madam Speaker, I urge my Colleagues and other readers of the Record
to join me in celebrating the extraordinary life of Major General Fred
Forster. His life and accomplishments are without comparison, and he
will forever be an example to all those who knew him.

____________________

OUR UNCONSCIONABLE NATIONAL DEBT

______

HON. MIKE COFFMAN

of colorado

in the house of representatives

Tuesday, December 14, 2010

Mr. COFFMAN of Colorado. Madam Speaker, today our national debt is
$13,848,017,156,749.09.
On January 6th, 2009, the start of the 111th Congress, the national
debt was $10,638,425,746,293.80.
This means the national debt has increased by $3,209,591,410,455.20
so far this Congress.
This debt and its interest payments we are passing to our children
and all future Americans.

____________________

IN HONOR AND RECOGNITION OF CLEVELANDPEOPLE.COM

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mr. KUCINICH. Madam Speaker, I rise today to congratulate the
developers and sponsors of ClevelandPeople.com on their recognition at
the American Nationalities Movement's Christmas Luncheon.
ClevelandPeople.com was selected for this honor because of the
website's crucial role in supporting the social life and cultural
richness of the city.
Founded in 1959 by Ralph Perk, the American Nationalities Movement
consists of representatives of over 50 nationalities in the Cleveland
area that come together to celebrate their unique heritages. Each year
during its Christmas Luncheon, it recognizes individuals and groups
that have contributed to supporting ethnic groups and celebrating
diversity.
Debbie, Dan, and Pat Hanson formed ClevelandPeople.com in 2001 when
they decided to condense information about local cultural events and
support services onto a few web pages. Over the past nine years, it has
grown into a social hub connecting 64 different groups and receiving
thousands of views each day. The website's developers explain that
supporting Cleveland's distinct ethnic communities is important not
only for maintaining the cultural wealth of the city, but for ensuring
its economic prosperity. Cleveland has always been strengthened by its
diversity.
Madam Speaker and colleagues, please join me in congratulating
ClevelandPeople.com on their recognition at the American Nationalities

[[Page 21092]]

Movement's Christmas Luncheon. Their creative and spirit and their
devotion for their community continues to support for the cultural
diversity that makes this city great.

____________________

HONORING CHARLES MENG OF NAPA COUNTY, CALIFORNIA

______

HON. MIKE THOMPSON

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. THOMPSON of California. Madam Speaker, I rise today to recognize
Mr. Charles Meng, who is being honored this evening on the occasion of
his retirement after 20 years of service on the Napa Valley College
Board of Trustees. Mr. Meng is retiring from the board to serve as a
commissioner on the Accrediting Commission of Community and Junior
Colleges, Western Association of Schools and Colleges.
Charles has dedicated his life to serving his country and his
community. He graduated from West Point in 1957 and was a commissioned
officer in the U.S. Army Corps of Engineers. He went on to serve as a
senior engineer manager in the U.S. Navy's nuclear submarine program.
He is completing his fifth four-year term on the Napa Valley College
Board of Trustees and was also elected to the Association of Community
Colleges Trustees Board in 2004. He has served on many community
college accreditation teams and is an expert on community college
governance. Charles was the NVC Board's representative on a number of
critical college committees, including the Technology Plan Development,
Napa River Flood Control project and Mare Island Naval Shipyard
closure. He was also on the committees to hire three college
presidents.
As the current president and longest serving member of the board,
Charles is admired and respected by the entire campus as well as the
community at large. An engineer by trade, he is known as a highly
intelligent, focused and analytical leader. He is a consensus builder
but will not budge on his commitment to preserving access to higher
education for all. One of the ways he has demonstrated this commitment
is by serving on my service academy review panel, interviewing young
people from my district seeking nomination to our Nation's service
academies. As a West Point graduate himself, Mr. Meng's insights and
experiences serving our country were invaluable in this process. Due to
his guidance and support, many were able to fulfill their dream of
serving our country as he has.
Madam Speaker and colleagues, it is appropriate at this time that we
thank Mr. Charles Meng for the incredible work he has done on behalf of
the students of Napa Valley College and for the work he will
undoubtedly continue to do. Napa Valley College is a premier
institution for higher learning and will remain that way due in large
part to his efforts. I join his family and everyone in the Napa Valley
College Community in wishing him continued success and fulfillment.

____________________

THE PUBLIC EMPLOYEE PENSION TRANSPARENCY ACT (H.R. 6484)

______

HON. DEVIN NUNES

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. NUNES. Madam Speaker, I rise today to discuss the Public Employee
Pension Transparency Act, H.R. 6484, which I introduced on December 2,
2010, with the Gentleman from Wisconsin, Mr. Ryan, and the Gentleman
from California, Mr. Issa. This legislation is designed to enhance the
soundness of State and local employee pension benefit plans by
providing them the incentives necessary for State and local governments
to provide the American people with meaningful disclosure of the value
of these plans' assets and liabilities.
State and local governments have promised pension benefits to about
20 million active public employees and another seven million retirees
and dependents. According to the states, these pension promises are
underfunded by about $1 trillion. However, this enormous number fails
to accurately convey the true magnitude of the cost taxpayers will bear
to meet these obligations. Moreover, as a result of a lack of
transparency and generous accounting standards, the vast majority of
the American people are unaware that their State and local governments
collectively owe trillions of dollars for generous public employee
pension benefits.
Unlike private pension plans, public employee pension plans are
allowed to use unreasonably high discount rates to calculate their
liabilities. In fact, many use unrealistic expected rates of returns on
their plan assets, the value of which is often inflated, to discount
their pension liabilities. Many economists maintain that these
practices are misguided and hide the fact that State and local
government pension plans are collectively underfunded by more than $3.8
trillion.
The Public Employee Pension Transparency Act would address this
serious situation by requiring State and local government pension plans
to disclose the true magnitude of their liabilities to the American
people. The bill would condition the continuation of specified Federal
tax benefits upon State and local governments' decision to file certain
information regarding their pension plans with the Secretary of the
Treasury. This information, which would reveal the true extent of
public pension debt, would be available to the public through a
searchable Web site.
Over the course of the past several years, we have seen trillions of
taxpayer funds spent to bailout banks, auto companies, Wall Street,
homeowners, and others. The American people are infuriated by these
bailouts and are insisting that they end. State and local governments,
with their trillions of dollars in hidden public employee pension debt,
are next in line. It is time for them to reveal the true cost of their
pension promises and to take that action necessary including pension
reforms--to meet their obligations. The Public Employee Pension
Transparency Act would reaffirm that State and local pension
obligations are solely the responsibility of those entities and
proclaim that the Federal Government will not provide a bailout.
Accordingly, I ask my colleagues to join with me to enact this
legislation.

____________________

H.R. 4853: THE MIDDLE CLASS TAX RELIEF ACT OF 2010

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mr. KUCINICH. Madam Speaker, I rise today in support of H.R. 4853,
the Middle Class Tax Relief Act of 2010. This legislation permanently
extends the tax cut provisions passed in 2001 and 2003 for individuals
with incomes below $200,000 and $250,000 for couples. It would
permanently extend the 10%, 23% and 28% marginal tax brackets, as well
as the 33% bracket as it applies to income of less than $250,000. It
would also continue the maximum $1,000 child tax credit and the maximum
15% rate on capital gains and dividends where income is less than
$250,000. It would permanently reduce the tax known as the ``marriage
penalty,'' and it includes a 2-year ``patch'' intended to prevent more
than 25 million Americans from being subject to the alternative minimum
tax over the next two years. It also permanently extends expensing
rules for small businesses.
I am glad to see so much focus on the unemployed and underemployed
during debate on the potential extension of the tax cuts. However, the
myth that we must pass tax cuts to the wealthy in order to help those
without jobs has been disproven several times over. If the concern is
about the plight of the 15 million unemployed Americans, the estimated
12 million underemployed, and the estimated 6 million long-term
unemployed, we should do the humane and economically efficient thing:
extend and expand unemployment assistance.
Instead, the debate is about whether to extend tax cuts to the
wealthy. Nearly a quarter of all the income in America today goes to
the top 1% of Americans. In recent years, the highest-income Americans
have received by far the largest pre-tax raises of any group. They have
also had their tax rates drop by far more. Americans have said in polls
that they want to see the Bush tax cuts on households making more than
$250,000 per year expire. For the wealthiest 3% of Americans,
expiration would simply mean a return to 1990's tax rates if that were
to happen. Yet, many of the same advocates for passing a massive tax
cut for the wealthy are bemoaning a growing budget deficit.
We must not ask the middle class, the working class, those who are
not fortunate enough to make $200,000 or $100,000 or even $20,000 a
year, to pay so that the wealthiest Americans can enjoy the lowest
income tax rates that any wealthy American has had since the 1960s. We
must not tell the poor, the unemployed, and the underemployed, that we
cannot help you, because we have decided that the wealthiest Americans
need a tax cut more than you need a lift to get you through these
brutal times. Those that need our help must not hear from Congress: go
and figure it out for yourselves.

[[Page 21093]]

____________________

S. 3307, THE HEALTHY, HUNGER-FREE KIDS ACT OF 2010

______

HON. HENRY C. ``HANK'' JOHNSON, JR.

of georgia

in the house of representatives

Tuesday, December 14, 2010

Mr. JOHNSON of Georgia. Madam Speaker, I rise today in support of the
Healthy, Hunger-Free Kids Act of 2010. This bill is a good first step
in addressing childhood hunger and poor nutrition, which are two of the
greatest public health challenges facing the United States today.
I urge all of my colleagues to join me in supporting this
legislation, which passed the Senate unanimously. It contains the most
significant improvements in 30 years to the child nutrition programs
that serve millions of children across our country. This legislation
expands access to healthy foods for kids, makes it easier for low-
income kids to enroll in the school meal programs, improves the
nutritional quality of school meals, significantly decreases the
availability of junk food and sugary beverages from school vending
machines, and expands access to after-school meals for low-income kids.
This is a vote that I do not take lightly. While I never questioned
the need to improve child nutrition programs across the country, I did
question the Senate's choice to pay for this legislation with a
reduction in Supplemental Nutrition Assistance Program (SNAP) benefits.
SNAP benefits are an essential part of this nation's nutrition safety
net. More than 41 million Americans rely upon SNAP benefits monthly to
put food on the table. According to the USDA Food and Nutrition
Service, Data and Statistics Supplemental Nutrition Assistance Program
Report, released in October 2010, the number of households in my home
state of Georgia receiving food stamps jumped from 581,709 total
households in July of 2009 to 716,749 households in July of 2010--an
increase of 23.2% in just one year. Many SNAP recipients are children
or seniors, and I had serious concerns that the SNAP reduction would be
a classic case of robbing Peter to pay Paul. I was deeply concerned
that reducing SNAP benefits to pay for this bill would hurt the people
it was meant to help--children of low-income families striving to make
ends meet during this turbulent economy.
After a long thought process, I stand here before you as a strong
supporter of the Healthy, Hunger-Free Kids Act. As a Member of the
Congressional Progressive Caucus, I joined a letter to the Obama
Administration expressing opposition to reducing SNAP benefits to fund
this bill, or any other legislative priority. The President and his
Administration share these concerns and have assured Congress that it
will work with us to restore this cut and use their current authorities
to protect the integrity of SNAP benefits and further improve
children's access to nutrition programs.
This bill would be instrumental in helping to address the growing
crises of child hunger and also of childhood obesity. In terms of child
hunger, last year, more than 1.29 million Georgia students participated
in the Free and Reduced Price Lunch Program. Obesity is a national
crisis, but it is of a particular concern in my home state of Georgia
which has the second highest prevalence of obese 10-17 year olds in the
nation. The provisions in the child nutrition bill that improve
nutritional quality of foods served on school campuses throughout the
school day and those that strengthen Local School Wellness Policies can
help to combat the rise in childhood obesity we see here in Georgia.
According to the latest U.S. Census Bureau American Community Survey
report released in September 2010, 22.3% of Georgia's children live in
poverty--that's more than half a million children under age 18.
I would be remiss if I did not mention two key individuals in my
district that have worked hard to combat childhood obesity. Dr. Yvonne
Butler founded Healthy Kids Smart Kids. Healthy Kids Smart Kids is an
organization that fights childhood obesity and educates adults and
children on healthy eating and staying active. She started the first
sugar-free school program in Georgia at Browns Mill Elementary School
in Lithonia. Ms. Pat ``Shy'' Haggans is a certified personal trainer
and lifestyle coach who founded Generation Next Sports Performance
facility in Lithonia where she specializes in getting kids fit to fight
obesity. Like Dr. Butler, she has helped hundreds of kids shed pounds
through exercise, planning and lifestyle changes to combat childhood
obesity. She assists parents as well to ensure that the next generation
will be healthier than ours.
It is important to recognize that this bill would not be on the floor
now if it were not for Representatives George Miller, Rosa DeLauro, and
James McGovern. Their leadership in conducting negotiations with the
Obama Administration was key to moving this bill forward.
I strongly support the Healthy, Hunger-Free Kids Act, which would
also help advance the Administration's goal of solving the problem of
childhood obesity within a generation, and urge my colleagues to do the
same.

____________________

IN RECOGNITION OF MS. BARB DeMARCO'S DECADES OF ACTIVISM IN THE WEST
BLOOMFIELD COMMUNITY AND HER NINE YEARS OF SERVICE TO ITS PUBLIC
SCHOOLS

______

HON. GARY C. PETERS

of michigan

in the house of representatives

Tuesday, December 14, 2010

Mr. PETERS. Madam Speaker, I rise today to recognize Ms. Barb
DeMarco, a member of the West Bloomfield School District Board of
Education and lifelong local activist, on the occasion of her
retirement. As a Member of Congress, it is both my honor and privilege
to recognize Ms. DeMarco for her decades of service and work to build a
better future for the West Bloomfield community and its youth.
For the past 25 years, Ms. DeMarco has been at the fore of many
grassroots initiatives in West Bloomfield to improve the quality of
life for its residents. Ms. DeMarco was often the driving force behind
many of the millage initiatives that were directed toward acquiring and
developing land for use as community parks. It is with this same sprit
of activism and bettering the community that Ms. DeMarco embarked on
her journey to advocate for improving public education for our youth.
As a concerned citizen, well before her tenure on the board of
education, Ms. DeMarco spearheaded campaigns to pass bond initiatives
to strengthen West Bloomfield schools and create an environment of
academic excellence for its students.
Beginning in 2001 Ms. DeMarco took her passion for activism and
advocacy to the West Bloomfield School District Board of Education,
where she has served with selflessness and tenacity. Ms. DeMarco's
initial work focused on improving school curriculum, where she fought
for a rigorous academic program to provide students every opportunity
to excel. After just 3 years on the Board, Ms. DeMarco was appointed to
the Oakland Schools Intermediate School District Board of Education
where she took that same zeal for fighting for public education to both
a county and national level.
Madam Speaker, I ask my colleagues to join me today to honor Ms.
DeMarco's decades of advocacy on behalf of her students and her
community. Her presence will surely be missed. It is with much
gratitude for her service and dedication that I wish her many more
years of advocacy and success in building a better community for our
youth.

____________________

IN HONOR OF DR. EDWARD G. KESHOCK

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mr. KUCINICH. Madam Speaker, I am saddened to learn of the passing of
Dr. Edward G. Keshock. Dr. Keshock was Professor of Mechanical
Engineering and Chair of the Mechanical Engineering Department at
Cleveland State University. He was also Honorary Consul of the Slovak
Republic for the State of Ohio since his appointment in 1999.
Ed Keshock received his Bachelor of Mechanical Engineering from the
University of Detroit in 1958 and began his career in July of that year
with the NASA Glenn Research Center at Lewis Field in Cleveland. There,
he worked as a research engineer in the Heat Transfer Branch of the
Nuclear Reactor Division. He participated in some of the earliest
studies dealing with boiling heat transfer processes in low- or
fractional-gravity fields, relating to applications in the newly
emerging field of space exploration.
In 1964, Ed began his studies at Oklahoma State University where he
earned his Master of Science and Ph.D. degrees in Mechanical
Engineering in 1966 and 1968, respectively. After a distinguished
career as professor at Old Dominion University, the University of
Tennessee, and the Air Force Institute of Technology, Dr. Keshock
returned to Cleveland in 1990. He was appointed Chair of the Mechanical
Engineering Department at Cleveland State University where he served
until his death.

[[Page 21094]]

Throughout his academic career, Dr. Keshock focused on research while
teaching graduate and undergraduate classes in Mechanical Engineering.
His research on the effects of microgravity on heat transfer processes
spanned his career of more than 50 years.
Dr. Keshock was actively involved with the Slovak-American
communities of the State of Ohio and the country of Slovakia. Dr.
Keshock served as President of the Cleveland Bratislava International
Sister Cities organization for most of its existence. In 1995, Dr.
Keshock was appointed to be co-host to a 35-member delegation from the
Slovak Republic at the White House Conference on Trade and Investment,
attended and sponsored by the U.S. Government, including President
Clinton and members of his White House staff.
In 1999, Dr. Keshock was appointed the Honorary Consul of the Slovak
Republic for the State of Ohio. In this capacity, he not only
represented the country of Slovakia in all official matters in the
State of Ohio, but was involved in extensive community and
international cultural programs that contribute to the improvement in
the quality of life for citizens throughout the State of Ohio and
Slovakia. He is also a member of the City of Cleveland Consular Corps,
thus interacting with many ethnic and nationality communities.
Madam Speaker and respected colleagues, please join me in mourning
the loss of a deeply respected scholar and statesman, Dr. Edward
Keshock. Our condolences go out to his wife Mary Jo, their three
children Kathleen of Knoxville, Tennessee; Carolyn of London, England;
and Michael of Mobile, Alabama; and their three grandchildren. He
leaves behind a significant and memorable personal and professional
legacy.

____________________

IN RECOGNITION OF THE SCOTIA BAND

______

HON. MIKE THOMPSON

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. THOMPSON of California. Madam Speaker, I rise today in
recognition of the 75th anniversary of the Scotia Band, a community
band formed in Humboldt County, California in 1935. The Scotia Band is
a living legacy of America's musical heritage and a fixture on the
North Coast of California.
The 35-piece, marching Scotia Band was established in 1935 by
employees of The Pacific Lumber Company, later welcoming other
musicians of the community. Women were encouraged to join during World
War II, with the first woman president, Alice Gunnerson, serving from
1950-51. Local students have also participated, establishing the Scotia
Band as an important part of music education in the region. Over the
years, the band has involved over 700 musicians and conducted over
3,600 rehearsals.
In 1960, Sewell Lufkin was appointed band leader. A local elementary
school teacher and World War II veteran, he instilled his abiding
appreciation for music in his students. After his death in 1978, the
Scotia Band established the Sewell Lufkin Memorial Scholarship, which
continues to support Humboldt County students pursuing music education.
The Scotia Band continues to perform traditional and contemporary
concert music at annual events and one-time commemorations throughout
the county. Under the leadership of the current band leader, Michael
McClimon, smaller ensembles have been formed, including the Scotia
Dixieland Band, the Tijuana Brass Group, the Scotia Brass Choir, the
Scotia Ragtime Band and the Saxophone Quartet.
Humboldt County is proud to be the home of the Scotia Band, an
historic and cultural institution that over the years has enriched the
lives of many thousands of people. From the Blessing of the Fleet to
the Fortuna Apple Harvest Festival, the Scotia Band has performed at
hundreds of community functions that celebrate the cultural richness of
the region. Their music continues to touch new generations and remind
us of the traditions that make America great.
Madam Speaker, it is appropriate at this time to recognize the Scotia
Band on the occasion of its 75th anniversary of outstanding musical
performance and education to our community.

____________________

STRENGTH IN HONOR CPL. TRAMPUS MILLER, A CO 1-21 INF ``GATORS'', 25TH
INF DIV THE UNITED STATES ARMY

______

HON. GEOFF DAVIS

of kentucky

in the house of representatives

Tuesday, December 14, 2010

Mr. DAVIS of Kentucky. Madam Speaker, I rise today to honor a real
American Hero, from my great state of Kentucky, Cpl Trampus Miller. A
member of A Co. 1-21 INF ``Gators'' of the 25th INF DIV., The United
States Army. On July 8th 2008, Cpl Miller was almost lost when a 900 lb
bomb exploded in Nasar Wa Salam Iraq, killing his Brother In Arms Cpl
``Doc'' McMillian. Cpl Miller from Campton lost his leg and almost his
life. But in a few short years he has already begun to his amazing most
courageous life and recovery. He lives by a code of Strength In Honor!

Strength In Honor

Strength In Honor . . . .
Men of might . . . .
Those brave hearts, who evil must fight!
Who but, with their most courageous hearts . . . . so bring
the light!
Kentucky born, men like Trampus with hearts so worn . . . .
so very bright!
Who all through the darkness of war, must somehow endure and
win that fight!
Yes, Trampus . . . . oh how your fine heart so sounds, this
night . . . .
For you live by such a fine code!
Of Strength In Honor, so!
As over the generations, such men as you have so carried that
load!
And bought and paid for, all of our Freedom's so!
Men who come back without arms and legs!
Who now so lie in such soft quiet graves . . . .
Who all for God and Country, so gave!
For it was all in that moment!
That moment Trampus, as when you awoke . . . .
And found what this war had so invoked!
While, close to death . . . . your fine heart so spoke!
Spoke of Faith and Courage, which now all of us so bless!
With but, your Strength In Honor . . . . yes!
As we watch you rebuild, as all of our hearts you so nourish
still . . . .
As you fight The Good Fight, and will not be discouraged with
but your iron will!
As you Teach Us, as you Reach So Us, as you So Beseech Us!
With all of your fine worth . . . .
Showing us all, how Strength In Honor in your fine life comes
first!
And if I had a son, I would but pray he could be like you
this one!
Who lives and dies, with tears in eyes . . . .
By such a fine code, of Strength In Honor . . . . all in
hearts which lie!
Kentucky Strong, may you Trampus live long!
As we watch your life's song . . . .
Of Strength In Honor!

____________________

RESPONSE ON BEHALF OF FELLOWS OF THE AMERICAN COLLEGE TRIAL LAWYERS WHO
REPRESENTED DETAINEES IN GUANTANAMO

______

HON. BILL DELAHUNT

of massachusetts

in the house of representatives

Tuesday, December 14, 2010

Mr. DELAHUNT. Madam Speaker, I rise before you today so that my
colleagues in the House of Representatives can join me in recognizing
Mr. Michael Mone and his son, Mr. Michael Mone Jr.--two Massachusetts
lawyers who ceaselessly fight for human rights and justice among
detainees at Guantanamo Bay. I stand before you today to read to you a
speech presented by Mr. Mone Sr. at this past September's American
College of Trial Lawyers meeting. This discourse, written from Mr.
Mone's perspective, recounts the compelling experience of his son, who
selflessly represented a wrongfully accused and detained Uzbek man. The
speech is as follows:
I want to thank the College for honoring those Fellows who
represented Guantanamo detainees, and in particular, I want to thank
Mike Cooper, who encouraged the Access to Justice Committee to become
involved in securing detainee representation. I attended the spring
meeting in Palm Springs when the subject was first discussed, and I
came away from that meeting determined to take on a detainee's case. I
want to thank the College for its encouragement and the moral support
that it provided to those Fellows as they undertook to uphold the core
values of the American College of Trial Lawyers--the right to counsel,
a fair and independent trial to challenge their detention, and the Rule
of Law.
I want to make it clear that I stand here in a representative
capacity in that I am speaking for the Fellows who are here on the
stage with me, for all of those Fellows who can't be here today who
undertook representation of detainees, and to hopefully represent
lawyers all over the country, in large firms and small firms,
Republicans and Democrats, who answered the call to provide
representation in this very unpopular cause. I also am here in

[[Page 21095]]

a representative capacity because much of the real work of our client's
case was done by my son, Michael, who is also my law partner, so in
these remarks, when I say that we did something, in all probability, it
means that Michael did something.
Too often the ``detainees'' are treated as a group like ``illegal
immigrants'' as if they are all alike, but they are not. They were many
different individuals who, under different circumstances, were confined
at Guantanamo. Some, like our client, were simply at the wrong place at
the wrong time, and others were undoubtedly waging war against the
United States. But all were entitled to the benefit of our
Constitutional protections. Each detainee has a different story, but we
represented one man, Oybek Jabbarov, and I want to tell you Oybek's
story.
In 2001, Oybek Jabbarov was in his early 20s; he was a refugee from
Uzbekistan, living in Afghanistan along with his expectant wife and his
one-year old son. After being discharged from compulsory service in
Uzbek army in 1998, Oybek could not find a job and like so many of his
countrymen, he left Uzbekistan to try and find work elsewhere.
Eventually, he ended up in northern Afghanistan. He was living amongst
other ethnic Uzbeks, supporting himself and his family by selling
chickens when the U.S. invaded to bring down the Taliban Government and
to capture the leaders of Al-Qaeda, following the unspeakable September
11th attack on this country. You must understand that under the
Taliban, Afghanistan, in essence, had no government, no borders, no
checkpoints, and no one was even asked for a passport, and thus, it
became a refuge for people from all over central Asia, such as Oybek.
As we now know, Afghanistan is a tribal society and the only protection
afforded to most persons in Afghanistan is the protection of their
family and tribe, without which one is extremely vulnerable.
When Oybek made the mistake of accepting a ride from Northern
Alliance soldiers, the U.S. was offering a bounty for ``foreign
fighters,'' who were supporting the Taliban in the war against the U.S.
and its coalition allies. Brochures in the native languages of
Afghanistan were widely distributed by the U.S. offering bounties for
``terrorists'' who were turned over to the U.S. authorities. One of
these leaflets said ``get wealth and power beyond your dreams; rid
Afghanistan of murdering terrorists, you can receive millions of
dollars by helping to catch Al-Oaeda and Taliban murderers. This is
enough money to take care of your family, your village, and your tribe
for the rest of your life.'' The Northern alliance soldiers, who
offered Oybek a ride, thus, had a powerful incentive to consider him a
``foreign fighter'' to collect the bounty and for that reason Oybek was
turned over to the U.S. forces at the Bagram Air Force Base in December
2001. He was held in U.S. custody at the Bagram Air Force Base, and
then at a facility in Kandahar, until he was transferred to Guantanamo
in the spring of 2002, despite assurances from U.S. civilian
interrogators in Afghanistan that ``we're trying to find Arabs; don't
worry, we'll try to get you out.'' During his time in the US custody,
Oybek, like many of the others, underwent ``enhanced interrogation.'' I
am not here to debate the definition of torture, but if it was being
done to you, you would know it was torture. Following transfer to
Guantanamo, Oybek was held for more than seven years where a
substantial part of his time, as with most of the others, was in
virtual solitary confinement.
In 2006, we were assigned to Oybek's case by the Center for
Constitutional Rights that served as a clearing house to match counsel
and detainees and Michael and I started our representation of Oybek
Jabbarov. It took some time because of various U.S. court cases and
congressional action restricting the Writ of Habeas Corpus for us to
obtain the classified documents which purportedly laid out the basis
for Oybek's capture and continued detention. Before we ever had a
chance to meet with Oybek, having reviewed that material, it was
apparent to us that the case against Oybek was thin or nonexistent and
Michael was armed with that information when he was finally allowed to
visit Oybek in August of 2007. When I first discussed with Michael the
idea of taking on a Guantanamo detainee, he said ``so everyone else is
going to get a goat farmer, but what happens if we end up with a real
terrorist?'' Before he visited Guantanamo, based upon the information
we had, it was unlikely Oybek was a terrorist, and so when Michael
returned from Guantanamo, the first thing he told me was ``he's more
Borat than he is Khalid Sheikh Mohamed.'' During the first eight trips
to Cuba, he first met Oybek, who had been at Guantanamo for almost five
years. Oybek presented as a gentle young man, with no apparent
bitterness towards the U.S. Government that was detaining him, but was
desperate for freedom. Unlike many other detainees, Oybek learned to
speak English from listening to the guards and he was able to
communicate with us directly without the necessity of a translator. His
English, which I joked he spoke with a slight southern accent, greatly
enhanced our ability to eventually relocate him.
In 2007, shortly before Michael's first meeting with Oybek, the Bush
Administration cleared him for transfer, which in our view meant that
they had determined that he did not constitute a threat to the U.S., a
fact that we always knew to be true.
Following the Administration's determination that he could be
transferred, we were confronted with the major problem in our
representation of Oybek because he could not go back to Uzbekistan
where he, in all likelihood, would have been imprisoned or killed.
Uzbekistan is on our State Department's list of countries with grave
human rights issues. The U.S. authorities fully agreed that he could
not be returned to his native country, but had no other options. Even a
successful Habeas Corpus hearing, which was years away, would not have
accomplished his release from Guantanamo. As Michael said, we don't
have a legal problem; we have a political and diplomatic problem
obtaining his release to a third country, and we won't get much help
from our Government. We had to convince a third country that,
notwithstanding the U.S. having taken the position that the people at
Guantanamo were ``the worst of the worst,'' that they should offer
asylum in circumstances where the U.S. was unwilling to do so. Because
we knew that we would get little help from our government, Michael flew
to Europe and met with human rights groups in Germany, Denmark, and
Ireland in order to identify a country where we had some hope that
Oybek would be accepted. Following his meetings in Dublin with Amnesty
International, and representatives of Human Rights Watch, we focused on
Ireland.
Why Ireland? We had four reasons. First, he spoke English, and we
knew that would give him a tremendous head-start in terms of rebuilding
his life. Secondly, Ireland remains, in part, an agriculture country,
which was Oybek's background. We also knew that Ireland had a long
tradition of the recognition of human rights, and lastly, we thought
the Irish government might be open to accepting a detainee for
resettlement as a way to improve relations with the United States.
In the spring of 2008, Michael and I went to Guantanamo and talked
with Oybek about Ireland and about our hope that we could secure his
release there. He wanted to go to a free, democratic country and
Ireland certainly qualified, but he did not even know where Ireland was
and I wound up drawing a free-hand map attempting to locate Ireland in
Western Europe. On our return from Guantanamo, Michael made additional
visits to Ireland, and single handedly started a human rights campaign
on behalf of Oybek. He talked to ministers in the Irish Government, who
expressed interest in helping us, but had great concerns of political
ramifications of taking a Guantanamo detainee. He had members of the
Dail, Ireland's parliament, raise questions to the Government in debate
and made Oybek's case a prominent public issue. Past President Ralph
Lancaster kindly put me in contact with his friend Former Senator
George Mitchell, who the Irish revere because of his work on bringing
peace to Northern Ireland. Senator Mitchell hand delivered a letter to
the Irish Foreign Minister that Michael had written asking the Irish
government to consider accepting Oybek for resettlement. One of our
honorary Fellows, the Former President of Ireland, Mary Robinson, also
spoke up in favor of Ireland's accepting Oybek. Senator Kennedy,
Senator Kerry, and Congressman Bill Delahunt directly contacted the
Irish government on Oybek's behalf. Many people from Boston visit
Ireland and Michael had established such a presence there, that people
returning to Boston called and told me that they had heard Michael on
Irish radio discussing Ireland's role in helping to close Guantanamo.
By the end of 2008, with the change of administration in Washington,
we had made a lot of progress, but then came the spring of our despair
as the Obama Administration came into office and Congress prohibited
any Guantanamo detainee from being brought to the U.S., which made it
much more difficult to convince a third country to grant asylum to men
to whom the U.S. would not accept. In the spring of 2009, with no
progress, despair set in at Guantanamo and many of the detainees,
including Oybek, began a hunger strike, which caused me great concern
that a hunger strike would affect Ireland's interest in Oybek. My son,
however pointed out that if anyone understood the despair of
confinement leading to a hunger strike, it was the Irish. By late
summer of 2009, it was clear that the Irish had

[[Page 21096]]

not given up on Oybek and were prepared to grant asylum, not only to
Oybek, but to one of the other four Uzbeks because they were committed
to taking two detainees, not just one. Oybek and the other Uzbek, who
we referred to as the ``Uzbek to be named later,'' were eventually put
on a U.S. military airplane at Guantanamo and flown into Dublin where
they arrived over a year ago.
When the plane with Oybek and Shakhrukh, the other Uzbek, landed in
Ireland, they were shackled--hand and foot. When the representative of
the Irish government got on the U.S. military plane and was told by the
officer in charge that the guards were ready to escort Oybek and
Shakhrukh off the plane, the Irishman said: ``These men are not going
anywhere until you remove the shackles and handcuffs. When they step
off this plane onto Irish soil, they will do so as free men.''
There was one last item left undone. During the course of our
representation, Michael had tried, without success, to locate Oybek's
wife and children. But without legal travel documents and afraid to
return to Uzbekistan, they had lived as refugees in Central Asia since
Oybek's disappearance. One day, Oybek's family was listening to the
Uzbek service on Radio Free Europe/Radio Liberty and heard Michael
being interviewed about his efforts to get Oybek resettled in Ireland.
Eventually, Michael was put in touch with people in Pakistan and
Oybek's wife and two children were located in a refugee camp in
Pakistan. Michael then worked with the Irish Government to bring his
wife and his two children, one of whom he had never seen, to Ireland.
This work is not over. Detainees remain at Guantanamo despite the fact
that in nearly 70 percent of the cases that have been heard by Federal
Judges, the writ of habeas corpus has been granted. We will continue to
fight for human justice. Michael and I have filed an Appearance in
another detainee's case and look forward to his eventual release.
Why did lawyers, including the Fellows of the College, undertake the
representation of these men in a very unpopular cause? They did it
because it is part of their DNA. It is the reason many of them went to
law school. Who among you has not imagined yourself as Atticus Finch
standing in that hot Alabama courtroom defending an innocent man? Every
state in this country has a long tradition of lawyers providing pro
bono representation in unpopular causes. When Michael and I each passed
the bar, we signed a book that has the name of every lawyer who has
ever practiced in Massachusetts. That roll contains the names of the
lawyers who represented Sacco & Vanzetti. It has the name of Benjamin
Curtis, a Massachusetts lawyer and member of the Supreme Court of the
United States, who dissented in the Dred Scott case and then resigned
as a matter of principle. Curtis returned to Washington in 1868 to
represent the very unpopular President, Andrew Johnson, in the
impeachment trial before the U.S. Senate. We all know the story of John
Adams, who defended the British soldiers in the Boston Massacre, but
his son, John Quincy Adams, who, after he had been President,
represented the African slaves on the Spanish slave ship, the La
Amistad, is also on that roll of attorneys. This is not just a
Massachusetts tradition; it is the fabric of what it means to be an
American lawyer. All of you have or will have an opportunity at some
point in your career to undertake an unpopular representation. I would
urge all of you to seize that opportunity because you will never forget
it.
John Adams said that of all the things he did, which included not
only the presidency, but being the driving force behind the Declaration
of Independence, that the representation of the British soldiers was
the best service that he had ever done for his country. Each of us
standing here today would tell you that this is the best thing that we
have ever done. Thank you and God bless the Constitution of the United
States.

____________________

IN RECOGNITION OF ALBERT CIMPERMAN

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mr. KUCINICH. Madam Speaker, I rise today to congratulate Mr. Albert
Cimperman on his induction into the Legion of Honor by the President of
the French Republic. The most prestigious award that France bestows,
the medal of the Knight of the Legion of Honor is reserved for soldiers
and civilians who have demonstrated remarkable talent and character.
Mr. Cimperman fought bravely in World War II, displaying courage and
discipline in some of the most grueling battles.
Napoleon Bonaparte conferred the first medals of honor on the civil
servants of the French Republic. These first medals realized his vision
of a merit based award that would spur soldiers and civilians alike to
pursue endeavors that would do credit to their country. The Legion of
Honor is the only remaining national order remaining in France.
Mr. Cimperman fought bravely in nine campaigns during World War II,
including the battles of Normandy and Ardennes. He has received six
awards from the United States government for his efforts, including the
Bronze Star Medal with three Oak Leaf Clusters. Today, Albert and his
wife of 65 years, Zora, are active Parma residents. They were awarded
the Joined Hearts in Giving Award in 2007 for their dedication to
community volunteer work, and continue to teach a weekly line-dancing
class at the Donna Smallwood Activities Center in Parma.
Madam Speaker and colleagues, please join me in thanking Mr. Albert
Cimperman for his service. Without the sacrifice and perseverance of
soldiers like him, the Allied Forces could not have prevailed and we
would live in a much crueler, culturally impoverished, and oppressive
world. It is my honor and my pleasure to congratulate Mr. Cimperman on
his great accomplishment.

____________________

A TRIBUTE IN HONOR OF THE LIFE OF IRVING GELLERT

______

HON. ANNA G. ESHOO

of california

in the house of representatives

Tuesday, December 14, 2010

Ms. ESHOO. Madam Speaker, I rise today to honor the extraordinary
life of Irv Gellert, a dear friend who passed away on November 1, 2010
at his home in Los Angeles, California.
Irv had a great sense of joie de vivre and lived his life to the
fullest. He was born in January of 1917 and grew up in the rural coal
mining region of Pennsylvania, where his athletic abilities and
interest in sports led him to become an all-star high school football
player. After attending Temple University in Philadelphia, Irv enlisted
in the Army and served his country with honor and pride during World
War II. When the war was over and his service ended, he enrolled in New
York University Law School and graduated with a law degree in 1949.
Not long after graduating from law school, Irv married his beloved
wife Harriet. In 1954, their only child, a son Jay was born, and Irv
took on one of the great roles of his life as a parent. He was a loving
role model to Jay, who called him his most admired person. Just three
years after Jay was born, Irv was admitted to the California Bar
Association and he spent the next 30 years as a respected practicing
attorney in both New York and California.
Irv's competitive nature and enduring spirit compelled his interests
throughout his life. He had a passion for sports and was a dedicated
Los Angeles Lakers fan. He also held a deep-seated interest in politics
and closely followed elections and the political process. In the recent
midterm election cycle, Irv made use of the latest technology to keep
track of races across the country by following the elections on his new
Apple iPad device. Each election cycle, Irv lent his support to
candidates he felt would best serve his local community as well as the
country he was so proud of.
Later in life, Irv's most rewarding experiences came from caring for
his ailing wife during her ten-year battle with Alzheimer's. It was
during the time he cared for Harriet that Irv's true nature shone
through. His love, coupled with his optimism and interminable
selflessness, provided comfort to Harriet, to Jay, to their family and
to their many friends affected by Harriet's condition.
Irv had a genuine love for life and humor about every aspect of it.
He was the most positive person I've ever known, a man who demonstrated
very clearly what he believed in by how he lived. He was a man of
integrity and intelligence, grace and goodness.
Madam Speaker, I ask my colleagues to join me in extending our
sincere condolences to Jay Gellert, the light of Irv's life and the son
of sons. In Irv's passing, we've lost a great friend and patriot whose
dedication and service made our nation a better place. We mourn his
passing, but take comfort in the knowledge that his legacy lives on
through the wisdom he shared, through the humor and keen observations
he displayed, and through all the people he touched throughout his long
and extraordinary life.

[[Page 21097]]

____________________

RECOGNIZING CHAUNCEY POSTON

______

HON. TOM McCLINTOCK

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. McCLINTOCK. Madam Speaker, I rise today to recognize the service
of Chauncey Poston to the City of Grass Valley, California.
Council Member Poston has a long history of service to others,
beginning with his time with the United States Navy serving in Vietnam
and Guam, following which he returned home to California where he
earned his Bachelor of Science degree in Natural Resources from
California State University, Humboldt. Since 1978, Chauncey has lived
in Nevada County, where he has served as President of the Nevada County
Resource Conservation District, as a member of the Grass Valley
Planning Commission and the Grass Valley Traffic Safety Review
Committee and since 2006, as a member of the Grass Valley City Council.
Chauncey is well known for his many accomplishments and contributions
to our community, including his work to ensure the fiscal solvency of
the City's infrastructure programs, facilitating the cooperation
between local government, businesses and interest groups and working to
address each issue the City has faced as it has grown: from traffic
congestion to public safety and economic development. It is a
remarkable statement of Council Member Poston's service that every part
of our community, from businesses to fine and performing arts groups to
environmental advocates, felt they were well represented by his
efforts.
Grass Valley City Administrator Dan Holler described Chauncey well:
``Throughout his years on the City Council he was dedicated to building
a better community by listening to residents and businesses, by being
involved in civic organizations, by making hard decisions and by
focusing on the long-term vision of the City of Grass Valley.'' Madam
Speaker, in a time where localities across our country are struggling
to find competent and effective leaders, Council Member Chauncey Poston
has served as a fine example of the culture of service that ought to be
reflected in all elected officials, and it is my privilege to rise
today in recognition of that service.

____________________

COMMENDING BRO. STUART TOMS UPON THE OCCASION OF HIS RETIREMENT

______

HON. RODNEY ALEXANDER

of louisiana

in the house of representatives

Tuesday, December 14, 2010

Mr. ALEXANDER. Madam Speaker, it is with enormous pride that I rise
today to commend Bro. Stuart Toms upon the occasion of his retirement
from the Sweetwater Baptist Church. His unwavering dedication and
service to Jackson Parish is admirable and deserving of our
appreciation.
At a young age, Bro. Stuart began his impressive list of endeavors.
In 1959, he was named class valedictorian of Quitman High School. He
went on to further his education at Northeast Louisiana University
(NLU), which today is known as the University of Louisiana-Monroe.
Here, Bro. Stuart excelled as a point guard on the basketball team. In
1961-1962, he helped direct his team to their first league title in the
Gulf South Conference (GSC). He was named 1963 All-GSC First Team and
was inducted into the NLU Athletic Hall of Fame in 1986.
After graduating from NLU, Bro. Stuart continued sharing his love of
basketball as a high school coach. In this capacity, he also worked as
a math teacher and principal until he retired from the school system in
1984. His talents on the sidelines matched his impressive skills on the
court proven by the numerous accolades he earned for his coaching
abilities. At his high school alma mater, he coached back-to-back Class
B State Championship basketball teams in 1970 and 1971. Among his
honors, Bro. Stuart was named Class B Coach of the Year for the State
of Louisiana in 1970, inducted into the Louisiana Association of
Basketball Coaches Hall of Fame in 1989 and inducted into the Jackson
Parish Sports Hall of Fame this year.
Bro. Stuart commenced his career service to the Lord when he was
ordained as a Baptist minister in October 1983. Following his
ordination, he began as the pastor of Sweetwater Baptist Church where
he has continued to serve the congregation for the past 27 years.
Through the years, he has addressed numerous revivals, presided over
many weddings and funerals and has been on two international mission
trips.
Beyond his professional career, Bro. Stuart has been married for 39
years to Johnette Pardue Toms. They are the loving parents of Stuart
``Stu'' Toms, Jr., Dr. Catherine Lucas and Mrs. Julie Nelson, and the
proud grandparents of Ty and Kale Toms, Lily Lucas and Andrew Nelson.
I have been fortunate to have attended his worship services for
several years. This truly gracious man is a friend to many, and it is
his connection and involvement in his community for which we should all
strive to model. I ask my colleagues to join me in congratulating Bro.
Stuart Toms. His commitment, compassion and leadership warrant this
laudable recognition.

____________________

RECOGNIZING MICHAEL L. KERLEY

______

HON. SPENCER BACHUS

of alabama

in the house of representatives

Tuesday, December 14, 2010

Mr. BACHUS. Madam Speaker, on December 31, 2010, Michael L. Kerley,
Esq. will retire from the National Association of Insurance and
Financial Advisors after 41 years of dedicated service.
It is a rarity in our Nation's Capital to find someone who has worked
in one place for more than 10 years. For Mike to have been with NAIFA
for over four decades is a tremendous achievement and a testament to
his devotion and his character.
Many of us in Washington know Mike as a passionate advocate for the
life insurance industry and those individual agents who work tirelessly
to help Americans take the steps necessary to protect their loves ones
and their employees from financial disaster in the wake of life's
inevitable risks. Members on both sides of the aisle have had the
pleasure of working with Mike and know him to be a man of high
integrity and sincerity.
Therefore, I ask my colleagues to join me in congratulating Mike on
an incredibly successful career and wishing him well.

____________________

PERSONAL EXPLANATION

______

HON. CATHY McMORRIS RODGERS

of washington

in the house of representatives

Tuesday, December 14, 2010

Mrs. McMORRIS RODGERS. Madam Speaker, on rollcall No. 626 on, H.R.
4994, On Motion To Suspend the Rules and Concur in the Senate
Amendments, The Medicare & Medicaid Extenders Act of 2010 Agree to
Senate Amendment, I am not recorded because I was absent because I gave
birth to my baby daughter. Had I been present, I would have voted,
``yea.''
Madam Speaker, on rollcall No. 627 on, H.R. 6412, On Motion To
Suspend the Rules and Pass, Access to Criminal History Records for
State Sentencing Commissions Act of 2010, I am not recorded because I
was absent because I gave birth to my baby daughter. Had I been
present, I would have voted, ``yea.''

____________________

HONORING J. DAVID COLFAX OF MENDOCINO COUNTY

______

HON. MIKE THOMPSON

of california

in the house of representatives

Tuesday, December 14, 2010

Mr. THOMPSON of California. Madam Speaker, I rise today to
commemorate the civic accomplishments and dedicated public service of
J. David Colfax who has served on the Mendocino County Board of
Supervisors for the past 12 years.
As supervisor, educator and exemplary citizen his service has
benefitted the ruggedly beautiful Mendocino County in northern
California where he has lived with his wife Micki since 1973. He has
served on many boards, committees and organizations including the
Mendocino County Office of Education, First 5 Mendocino, the Economic
Development and Finance Corporation, the North Coast Railroad
Authority, the Criminal Justice Board Standing committee and the Local
Agency Formation Committee.
David and Micki raised four sons whom they homeschooled on their
Shining Moon ranch, where they built their own house and raised award
winning goats. Their children went on to such universities as Harvard
and Yale and all are working in professions that give back to others.
David and Micki authored the book Home Schooling for Excellence which
continues to inspire. And they wrote Hard Times in Paradise about their
transition from their

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urban lives in the eastern United States to their rural ranch outside
of Boonville not far from the Pacific Ocean.
During his three terms as a Mendocino County Supervisor, David has
represented his geographically diverse district that ranges from the
coast to 4,000-foot ridges to valleys and includes at least five
watersheds. He has won the support of constituents who are
entrepreneurs, fishermen and women, winemakers, brewmasters and
mavericks of many persuasions. With a college professor style and
animated discourse, David Colfax has served with passion and
dedication.
Madam Speaker and colleagues, David Colfax has earned the admiration
and respect of his peers, his community and his family. He is a friend
and colleague whose legacy and contributions are long lasting in
Mendocino County. For these reasons, it is appropriate that we honor J.
David Colfax.

____________________

IN RECOGNITION OF MR. MICHAEL BLANDINA

______

HON. FRANK PALLONE, JR.

of new jersey

in the house of representatives

Tuesday, December 14, 2010

Mr. PALLONE. Madam Speaker, I rise today to recognize Mr. Michael
Blandina, a resident of Brick Township, New Jersey and dedicated member
of the community. On October 30, 2010, Mr. Blandina retired from his
position as Manager of the New Jersey Motor Vehicle Commission in
Lakewood, New Jersey. He is also recognized for his work with various
political organizations in Ocean County, including the Brick Township
Democratic Municipal Committee where he serves as Chairman. Today, I
applaud Mr. Blandina, as his achievements should serve as an
inspiration to us all.
Mr. Blandina began his professional career as a Special Police
Officer with the Brick Township Police Department in 1983. He valiantly
served the constituents of Brick Township for seven years. In
conjunction with his service as Special Police Officer, from 1985
through December 1999, Mr. Blandina served in the Tax Assessor's
Office. His outstanding abilities and commitment were evident as he
soon rose to the position of Principal Assessing Clerk. After
approximately fifteen years of service to the Tax Assessor's Office,
Mr. Blandina soon accepted a position with the Administration
Department where he assisted constituents with various local issues.
His responsibilities also included coordinating media related events
for the Township of Brick. During his tenure, Mr. Blandina also spent
summers working in the Recreation Department, specifically assisting
the Township Recycling Program. In June 2007, Mr. Blandina accepted a
position as Manager of the New Jersey Motor Vehicle Commission in
Lakewood, New Jersey. Throughout his professional experience, Mr.
Blandina's generosity has undoubtedly touched many lives and has helped
countless people throughout central New Jersey.
Mr. Blandina is also a valued member of various local and political
organizations. Since 1983, he has proudly served on the Brick Township
Democratic Committee, eighteen of those years as Municipal Chairman. He
has also served as Democratic Finance Committee Chairman and has
dedicated his time to assisting the Ocean County Young Democrats.
Similarly, Mr. Blandina has assisted with the Ocean County Columbus Day
Parade Committee, one of the largest parades and ethnic festivals in
the state of New Jersey. His other affiliations include the Ocean
County Saint Patrick's Day Parade Committee, The Girls Scouts of the
Jersey Shore Awards Reception Committee, Brick Township Democratic
Club, among others. Mr. Blandina continues to mentor, exemplifying
confident leadership and management skills.
As a result of his outstanding service, Mr. Blandina has been the
recipient of numerous awards. He has received Brick Township Democratic
Club's ``1999 Democrat of the Year'' award and the Columbia Civic
League of Ocean County's ``1999 Man of the Year'' award. He has also
been the recipient of the Heritage Festival Ball Committee's ``2003
Outstanding Ethnic Leader'' award and Brick UNICO Chapter's ``2004
Italian American of the Year'' award.
Madam Speaker, please join me in acknowledging Mr. Blandina's
multiple years of service to the Ocean County community. His dedication
and commitment are positive examples of what steadfast determination
and hard work can accomplish.

____________________

HONORING THE HONORABLE RONALD PANIOTO

______

HON. JEAN SCHMIDT

of ohio

in the house of representatives

Tuesday, December 14, 2010

Mrs. SCHMIDT. Madam Speaker, I rise today to recognize the career of
the Honorable Ronald Panioto, who is retiring as a judge of the
Hamilton County Common Pleas Court. Judge Panioto leaves the courtroom
some 35 years after he first ascended the bench of the Hamilton County
Municipal Court.
Judge Panioto became presiding judge of the domestic relations
division of the Common Pleas Court in 1981, and he quickly gained a
reputation for fairness and sensitivity for families--especially the
children--who came before him.
On the occasions in domestic cases when he had to interview children,
Judge Panioto bought stuffed animals to give to the children to put
them at ease.
Throughout his life, Judge Panioto has rightfully been proud of his
Italian heritage and served as President of the United Italian Society
from 1971 to 1993.
Judge Panioto's diligence, humanity and graciousness on the bench
have won him the respect of the community.
Madam Speaker, please join me in wishing Judge Panioto a long and
happy retirement and thanking his wife Judith, his son Ronald Jr., his
granddaughter Christine and great-grandson Andrew for sharing the judge
with us over all these years.

____________________

COMMEMORATING THE LIFE OF RON SANTO

______

HON. JANICE D. SCHAKOWSKY

of illinois

in the house of representatives

Tuesday, December 14, 2010

Ms. SCHAKOWSKY. Madam Speaker, I rise today to draw attention to the
passing of legendary Chicago Cubs third baseman and broadcaster Ron
Santo, and to recognize his lifetime of achievement both on and off the
baseball diamond.
Ronald Edward Santo was born February 25, 1940 in Seattle,
Washington. Twenty years later, he made his professional baseball debut
at third base for the Chicago Cubs. Over his 14-year major league
career, the first 13 with the Cubs and the final season with the cross-
town White Sox, Santo hit 342 home runs, had 1,331 RBIs, won 5 Gold
Gloves, and appeared in 9 All-Star games. He is considered perhaps the
greatest player not currently in the Hall of Fame. Nonetheless, his
number 10 is immortalized on the North Side, hanging on the left field
pole at Wrigley Field, which Santo referred to as ``my Hall of Fame.''
After a successful baseball career, Santo spent 15 years in business
before returning to the Cubs as the color commentator for WGN Radio's
Cubs broadcasts in 1990. He spent the next 20 years in the Cubs radio
booth, and his passion and enthusiasm for the home team, which surfaced
in disheartened groans as often as supportive exclamations, endeared
him to a new generation of Cubs fans. Santo always seemed at ease in
the WGN booth and established himself as the rightful heir to Harry
Carey's oversized throne as the king of Chicago Cubs commentary.
Away from the ``Friendly Confines,'' Santo worked tirelessly to raise
money and awareness for Diabetes through the Juvenile diabetes Research
Foundation. Diagnosed at age 18, his diabetes was unknown even to his
teammates until 1971, when Santo decided to use his star power to draw
attention to the disease. From 1979 until his death, Santo sponsored
the JDRF Walk to Cure Diabetes, helping to raise over $60 million for
research and advocacy. Santo's teammate Ernie Banks said of his fellow
Cub, ``Ronnie has handled his own ailment like the true champion he is.
He is the most courageous person I've ever been around. I'm inspired by
him and by his spirit. He is one of my idols, one of my heroes. I love
Ron Santo.''
Ron Santo passed away on Thursday, December 2. He will be sorely
missed, but his legacy will continue to inspire us all.

____________________

TRIBUTE TO GENERAL JAMES L. JONES

______

HON. IKE SKELTON

of missouri

in the house of representatives

Tuesday, December 14, 2010

Mr. SKELTON. Madam Speaker, let me take this means to recognize an
American hero, General James L. Jones, for his lifetime of public
service. Having served more than 40

[[Page 21099]]

years in the United States Marine Corps as a diplomat in the Middle
East and around the world, and most recently as the National Security
Advisor to the President, he is a true public servant.
On October 8, 2010, the President announced that General Jones made
the decision to step aside from his post as National Security Advisor
and that his good friend and deputy, Tom Donilon, would succeed him.
Through the years, I have been honored to work with General Jones,
and I have always trusted him to offer his best counsel on national
security matters. A true patriot and strategic visionary, he has
performed each and every mission with utmost dedication. The American
public will forever be indebted to General Jones and his family for
their service to our country and the many sacrifices they have made.
Madam Speaker, I trust my fellow members of the House will join me in
paying tribute to General James L. Jones for his leadership and
commitment to the safety and security of the American people. I wish
him and his family the very best in the days to come.

____________________

ON THE DEATH OF AMBASSADOR RICHARD HOLBROOKE

______

HON. JANE HARMAN

of california

in the house of representatives

Tuesday, December 14, 2010

Ms. HARMAN. Madam Speaker, after hearing encouraging news over the
last few days, learning that my friend Richard Holbrooke had died last
night felt like a sucker punch. A day later, it still does.
I suppose, in an ironic way, Richard would smile at the enormous
impact he had on friend and foe alike. He was a life force, a force of
nature--someone always operating on multiple levels, in high gear, and
in more than three dimensions. I used to chafe when in the middle of a
phone call he would put me on hold to talk with someone else--but I bet
he did it to everyone.
He was a consummate juggler--the master diplomat. He knew precisely
what he was prepared to tell someone, and what he was not. Though it
takes years to settle on how history will view someone, my guess is
Richard Holbrooke will be considered, hands down, as the best diplomat
of my generation. Indeed, he will be in a small pantheon that includes
Benjamin Franklin, Thomas Jefferson, and Averell Harriman.
But the public Richard is not all of it: the private Richard was a
generous and loyal friend. Before joining the Obama Administration, he
chaired the Global Business Coalition on HIV/AIDS, Tuberculosis and
Malaria. For a time, one of our grandchildren was on its staff. He
loved her, and forever after asked about her life, boyfriends, etc. No
question the huge staff he built over his many careers over many years
is devastated by his untimely death. Surely Megan Quitkin is. To Kati,
whom he adored, and the extended Holbrooke family, we mourn your loss--
and our country's loss.
I like to think that Richard has just put us all on hold while he
takes another call...

____________________

2010 MILITARY FAMILY OF THE YEAR

______

HON. WALTER B. JONES

of north carolina

in the house of representatives

Tuesday, December 14, 2010

Mr. JONES. Madam Speaker, I rise today to congratulate the Kennedy
family for being selected as the National Military Family Association's
Coast Guard Family of the Year.
Commander John Kennedy has served in the Coast Guard for 16 years. He
is supported by his wife, Bobbi, and their 3 children Olivia, Marissa,
and Jack.
The Kennedy family has moved 6 times within 14 years, most recently
to Atlantic Beach, NC.
Cmdr. Kennedy currently serves as Commanding Officer of the Coast
Guard Cutter Elm.
The Kennedy family is very active in the United States Coast Guard,
and their community. They volunteer with Operation Christmas Child, and
are active with numerous activities including a variety of athletics
and the high school marching band.
Being a military family has shown them all how to be independent, and
taught them what is truly important in life.
The Kennedy's admit they are not finished moving! They will continue
to make friends wherever they go, which exemplifies the Coast Guard
motto of Semper Paratus, ``Always Ready''.
I am proud to have the Kennedy family reside in the 3rd district of
North Carolina. I thank all the men and women who have bravely served
in our military.
Congratulations to the Kennedy family on 2010 Military Family of the
Year!

____________________

OFFERING CONDOLENCES TO THE FAMILY OF J. EUGENE QUINN

______

HON. PETER T. KING

of new york

in the house of representatives

Tuesday, December 14, 2010

Mr. KING of New York. Madam Speaker, I rise today to offer my
sincerest condolences to the family of J. Eugene Quinn following his
untimely passing on December 7th, 2010. Gene was a beloved brother of
Thomas, Paul and Francis, a devoted husband to Marguerite, loving
father to Tara and proud grandfather of Andrew and Fiona.
A veteran of the United States Army, Gene had a long career in the
Federal Government beginning with a position in the Reagan
administration. Gene was a patron of the arts and founding member of
the Anacostia Gracious Arts Program, an urban after-school arts program
for underprivileged youth in Washington. I was always proud to call him
my friend. In short, his commitment to public service was truly
remarkable. His life and contributions will certainly be missed by
many.

____________________

HONORING RHODA VIRGINIA HOFSTETTER ON HER 100TH BIRTHDAY

______

HON. NICK J. RAHALL II

of west virginia

in the house of representatives

Tuesday, December 14, 2010

Mr. RAHALL. Madam Speaker, I rise to honor Rhoda Virginia Hofstetter
on her 100th birthday. This birthday of birthdays, we honor an entire
century of dedication to family, friends, colleagues and students.
Rhoda made a tremendous difference and improved so many young lives
because of her life-long career as an educator. In 1933, she graduated
from Marshall College--now known as Marshall University--and went on to
teach mathematics at Lenore and Williamson High Schools in Mingo
County, and at Lookout High School in Fayette County. From 1965 to
1973, Rhoda served as Supervisor of Mathematics for Fayette County. In
1973, she retired after 40 years as an educator and supervisor. Her
beloved husband, Martin Hofstetter, passed away the same year.
Rhoda endlessly worked for the betterment of southern West Virginia,
not only through her career as a teacher, but also through her active
involvement--which continues to this day--as a Charter Member of the
Ansted Garden Club.
Rhoda is a pillar of strength in her community of Ansted, where she
has resided since 1946. Her devotion to education, family, friends and
community is an example for us all.
I offer my personal congratulations to Rhoda, and wish her continued
good health and happiness in the future.