[112th Congress Public Law 10]
[From the U.S. Government Printing Office]
[[Page 37]]
DEPARTMENT OF DEFENSE AND FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2011
[[Page 125 STAT. 38]]
Public Law 112-10
112th Congress
An Act
Making appropriations for the Department of Defense and the other
departments and agencies of the Government for the fiscal year ending
September 30, 2011, and for other purposes. <<NOTE: Apr. 15,
2011 - [H.R. 1473]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Defense and Full-Year Continuing Appropriations Act, 2011.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense and Full-Year
Continuing Appropriations Act, 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Division A--Department of Defense Appropriations, 2011
Division B--Full-Year Continuing Appropriations, 2011
Division C--Scholarships for Opportunity and Results Act
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2011
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2011, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,403,653,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel
[[Page 125 STAT. 39]]
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for
members of the Navy on active duty (except members of the Reserve
provided for elsewhere), midshipmen, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $25,912,449,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $13,210,161,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $27,105,755,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,333,165,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and
[[Page 125 STAT. 40]]
for payments to the Department of Defense Military Retirement Fund,
$1,940,191,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $612,191,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,650,797,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,511,296,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,060,098,000.
[[Page 125 STAT. 41]]
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $33,306,117,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$37,809,239,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,539,740,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $36,062,989,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$30,210,810,000: Provided, That not more than $50,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $31,659,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
[[Page 125 STAT. 42]]
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 125 STAT. 43]]
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,454,624,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $5,963,839,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,068,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For <<NOTE: Determinations.>> 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
[[Page 125 STAT. 44]]
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>> 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
[[Page 125 STAT. 45]]
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 <<NOTE: Determinations.>> 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.
[[Page 125 STAT. 46]]
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $217,561,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,254,791,000, to remain available for obligation until
September 30, 2013.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,570,108,000, to remain available for obligation until
September 30, 2013.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $1,461,086,000, to
remain available for obligation until September 30, 2013.
[[Page 125 STAT. 47]]
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,847,066,000, to remain available for obligation until
September 30, 2013.
Other Procurement, Army
(including transfer of funds)
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $8,145,665,000, to
remain available for obligation until September 30, 2013: Provided,
That of the funds made available in this paragraph, $15,000,000 shall be
made available to procure equipment, not otherwise provided for, and may
be transferred to other procurement accounts available to the Department
of the Army, and that funds so transferred shall be available for the
same purposes and the same time period as the account to which
transferred.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$16,170,868,000, to remain available for obligation until September 30,
2013.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
[[Page 125 STAT. 48]]
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,221,957,000, to remain available
for obligation until September 30, 2013.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $790,527,000, to remain available for obligation until
September 30, 2013.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Carrier Replacement Program, $1,721,969,000.
Carrier Replacement Program (AP), $908,313,000.
NSSN, $3,430,343,000.
NSSN (AP), $1,691,236,000.
CVN Refueling, $1,248,999,000.
CVN Refuelings (AP), $408,037,000.
DDG-1000 Program, $77,512,000.
DDG-51 Destroyer, $2,868,454,000.
DDG-51 Destroyer (AP), $47,984,000.
Littoral Combat Ship, $1,168,984,000.
Littoral Combat Ship (AP), $190,351,000.
LHA-R, $942,837,000.
Joint High Speed Vessel, $180,703,000.
Oceanographic Ships, $88,561,000.
LCAC Service Life Extension Program, $83,035,000.
Service Craft, $13,770,000.
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,
[[Page 125 STAT. 49]]
tests, evaluations, and other such budgeted work that must be performed
in the final stage of ship construction: <<NOTE: Vessels.>> Provided
further, That none of the funds provided under this heading for the
construction or conversion of any naval vessel to be constructed in
shipyards in the United States shall be expended in foreign facilities
for the construction of major components of such vessel: Provided
further, That none of the funds provided under this heading shall be
used for the construction of any naval vessel in foreign shipyards.
Other Procurement, Navy
(including transfer of funds)
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only, and the
purchase of seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $250,000 per vehicle; expansion of public and private
plants, including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$5,804,963,000, to remain available for obligation until September 30,
2013: Provided, That of the funds made available in this paragraph,
$15,000,000 shall be made available to procure equipment, not otherwise
provided for, and may be transferred to other procurement accounts
available to the Department of the Navy, and that funds so transferred
shall be available for the same purposes and the same time period as the
account to which transferred.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $1,236,436,000, to remain available for obligation until
September 30, 2013.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may
[[Page 125 STAT. 50]]
be acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $13,483,739,000, to remain
available for obligation until <<NOTE: Certification.>> September 30,
2013: Provided, That none of the funds provided in this Act for
modification of C-17 aircraft, Global Hawk Unmanned Aerial Vehicle and
F-22 aircraft may be obligated until all C-17, Global Hawk and F-22
contracts funded with prior year ``Aircraft Procurement, Air Force''
appropriated funds are definitized unless the Secretary of the Air Force
certifies in writing to the congressional defense committees that each
such obligation is necessary to meet the needs of a warfighting
requirement or prevents increased costs to the taxpayer, and provides
the reasons for failing to definitize the prior year contracts along
with the prospective contract definitization schedule: Provided
further, That the Secretary of the Air Force shall expand the current
HH-60 Operational Loss Replacement program to meet the approved HH-60
Recapitalization program requirements.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $5,424,764,000,
to remain available for obligation until September 30, 2013.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $731,487,000, to remain available for obligation until
September 30, 2013.
Other Procurement, Air Force
(including transfer of funds)
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of
[[Page 125 STAT. 51]]
passenger motor vehicles for replacement only, and the purchase of two
vehicles required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$250,000 per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $17,568,091,000, to remain available for
obligation until September 30, 2013: Provided, That of the funds made
available in this paragraph, $15,000,000 shall be made available to
procure equipment, not otherwise provided for, and may be transferred to
other procurement accounts available to the Department of the Air Force,
and that funds so transferred shall be available for the same purposes
and the same time period as the account to which transferred.
Procurement, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$4,009,321,000, to remain available for obligation until September 30,
2013: Provided, That of the funds made available in this paragraph,
$15,000,000 shall be made available to procure equipment, not otherwise
provided for, and may be transferred to other procurement accounts
available to the Department of Defense, and that funds so transferred
shall be available for the same purposes and the same time period as the
account to which transferred.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $34,346,000, to remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment,
[[Page 125 STAT. 52]]
$9,710,998,000, to remain available for obligation until September 30,
2012.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $17,736,303,000, to
remain available for obligation until September 30, 2012: Provided,
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special
Operations Forces: Provided further, That funds appropriated in this
paragraph shall be available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $26,517,405,000, to
remain available for obligation until September 30, 2012.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,797,412,000, to remain
available for obligation until September 30, 2012: Provided, That of
the funds made available in this paragraph, $3,200,000 shall only be
available for program management and oversight of innovative research
and development.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $194,910,000, to remain available for obligation until
September 30, 2012.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,434,536,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet,
[[Page 125 STAT. 53]]
as established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $1,474,866,000, to remain
available <<NOTE: Contracts.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Waiver authority. Certification.>> further, That the
Secretary of the military department responsible for such procurement
may waive the restrictions in the first proviso on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$31,382,198,000; of which $29,671,764,000 shall be for operation and
maintenance, of which not to exceed 1 percent shall remain available
until September 30, 2012, and of which up to $16,212,121,000 may be
available for contracts entered into under the TRICARE program; of which
$534,921,000, to remain available for obligation until September 30,
2013, shall be for procurement; and of which $1,175,513,000, to remain
available for obligation until September 30, 2012, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made available
under this heading for research, development, test and evaluation, not
less than $10,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted
primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions, to include construction of facilities, in accordance with the
provisions of section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical
warfare materials that are not in the chemical weapon stockpile,
$1,467,307,000, of which $1,067,364,000 shall be for operation and
maintenance, of which no less than $111,178,000, shall be for the
Chemical Stockpile Emergency
[[Page 125 STAT. 54]]
Preparedness Program, consisting of $35,130,000 for activities on
military installations and $76,048,000, to remain available until
September 30, 2012, to assist State and local governments; $7,132,000
shall be for procurement, to remain available until September 30, 2013;
and $392,811,000, to remain available until September 30, 2012, shall be
for research, development, test and evaluation, of which $385,868,000
shall only be for the Assembled Chemical Weapons Alternatives (ACWA)
program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,156,957,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which <<NOTE: Determination.>> 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.
[[Page 125 STAT. 55]]
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No <<NOTE: Publicity.>> part of any appropriation
contained in this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> 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 <<NOTE: Pay rates. Foreign
nationals.>> 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: <<NOTE: Turkey.>> Provided further, That the limitations of this
provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon <<NOTE: Determination.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Reprogramming request.>> no part of
the funds in this Act shall be available to prepare or present a request
to the Committees
[[Page 125 STAT. 56]]
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 <<NOTE: Reprogramming request. Deadline.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Deadline. Reports.>> later than 60 days
after enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for fiscal
year 2011: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding <<NOTE: Certification.>> section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: <<NOTE: Notification.>> Provided further, That transfers may be
made between working capital funds and
[[Page 125 STAT. 57]]
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 <<NOTE: Notification.>> transfer. Except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8009. Funds <<NOTE: Notification. Deadline.>> appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None <<NOTE: Contracts. Notification. Deadline. 10 USC
2306b note.>> 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) <<NOTE: Budget request.>> 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.
[[Page 125 STAT. 58]]
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
Navy MH-60R/S Helicopter Systems.
Sec. 8011. Within <<NOTE: Humanitarian assistance.>> 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: <<NOTE: Micronesia.>> 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 <<NOTE: Determination. Hawaii. Territories.>> 99-239:
Provided further, That upon a determination by the Secretary of the Army
that such action is beneficial for graduate medical education programs
conducted at Army medical facilities located in Hawaii, the Secretary of
the Army may authorize the provision of medical services at such
facilities and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the Commonwealth of
the Northern Mariana Islands, the Marshall Islands, the Federated States
of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2011, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The <<NOTE: Budget request. Effective date.>> fiscal year 2012
budget request for the Department of Defense as well as all
justification material and other documentation supporting the fiscal
year 2012 Department of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of this
provision were effective with regard to fiscal year 2012.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None <<NOTE: Lobbying.>> of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: <<NOTE: Applicability.>> Provided further, That this
section applies only to active components of the Army.
Sec. 8015. (a) <<NOTE: Contracts. Outsourcing.>> 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
[[Page 125 STAT. 59]]
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless--
(1) the <<NOTE: Organization plan.>> 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 <<NOTE: Determination.>> 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 <<NOTE: Contracts.>> Department of Defense, without
regard to subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and notwithstanding any
administrative regulation, requirement, or policy to the contrary shall
have full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small Business Act
(15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and
[[Page 125 STAT. 60]]
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial
activities.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act: Provided, That subsection (j) of section 831 of
the National Defense Authorization Act for Fiscal Year 1991 <<NOTE: 10
USC 2301 note.>> is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2011'', and by striking ``September 30, 2013''
and inserting ``September 30, 2014''.
Sec. 8017. None <<NOTE: Vessels.>> 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 <<NOTE: Waiver authority. Certification.>> States: Provided
further, That when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the Secretary of
the service responsible for the procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8018. None <<NOTE: Arms and munitions. Certification.>> of
the funds available to the Department of Defense may be used to
demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles,
.22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to
demilitarize or destroy small arms ammunition or ammunition components
that are not otherwise prohibited from commercial sale under Federal
law, unless the small arms ammunition or ammunition components are
certified by the Secretary of the Army or designee as unserviceable or
unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital <<NOTE: Waiver
authority. Certification.>> 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.
[[Page 125 STAT. 61]]
Sec. 8020. In <<NOTE: Contracts.>> 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 <<NOTE: Applicability.>> further, That
notwithstanding section 430 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8021. <<NOTE: Political activities.>> Funds appropriated by
this Act for the Defense Media Activity shall not be used for any
national or international political or psychological activities.
Sec. 8022. During <<NOTE: Kuwait.>> the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not less
than $30,374,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,048,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $2,424,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $902,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any
[[Page 125 STAT. 62]]
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 <<NOTE: Reports.>> Secretary of Defense shall, with the
submission of the department's fiscal year 2012 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$125,000,000.
Sec. 8025. None <<NOTE: Contracts.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Waiver
authority. Certification.>> plate: Provided further, That the Secretary
of the military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions shall not
apply to contracts which are in being as of the date of the enactment of
this Act.
Sec. 8026. For <<NOTE: Definition.>> the purposes of this Act, the
term ``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services Committee
of the
[[Page 125 STAT. 63]]
Senate, the Subcommittee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and
private <<NOTE: Certification.>> 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. <<NOTE: Determination. Contracts. Rescission. 41 USC 8304
note.>> 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An <<NOTE: Memorandum.>> 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 <<NOTE: Reports.>> 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 <<NOTE: Definition.>> purposes of this section, the term
``Buy American Act'' means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8030. <<NOTE: Native Americans. State listing. Housing.>> (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
[[Page 125 STAT. 64]]
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 <<NOTE: Definition.>> this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 479a-1).
Sec. 8031. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The <<NOTE: Budget request.>> fiscal year 2012 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2012 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2012 procurement appropriation and not in
the supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8033. None <<NOTE: 50 USC 403u note.>> of the funds
appropriated by this Act for programs of the Central Intelligence Agency
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2012: Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior or subsequent fiscal year shall remain available until
expended: Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947, as amended, shall remain available until September 30,
2012.
Sec. 8034. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency
[[Page 125 STAT. 65]]
may be used for the design, development, and deployment of General
Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
Sec. 8035. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8036. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act.
For <<NOTE: Definition.>> purposes of this subsection, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
(b) <<NOTE: Determination. Labeling. Fraud. Debarment.>> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
2410f of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8037. None <<NOTE: Contracts. Determination.>> 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 <<NOTE: Determination.>> support:
Provided, That this limitation shall not apply to contracts in
an amount of less than $25,000, contracts related to
improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department
of Defense, who has been confirmed by the Senate, determines
that the award of such contract is in the interest of the
national defense.
Sec. 8038. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
[[Page 125 STAT. 66]]
(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 <<NOTE: Waiver
authority. Determination. Certification.>> Secretary of Defense or
Secretary of a military department may waive the limitations in
subsection (a), on a case-by-case basis, if the Secretary determines,
and certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will reduce
the personnel requirements or the financial requirements of the
department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8039. The <<NOTE: Grants.>> Secretary of Defense,
notwithstanding any other provision of law, acting through the Office of
Economic Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and Maintenance,
Defense-Wide'' to make grants and supplement other Federal funds in
accordance with the guidance provided in the explanatory statement
regarding this Act.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $86,300,000.
``Other Procurement, Army, 2009/2011'', $147,600,000.
``Aircraft Procurement, Navy, 2009/2011'', $26,100,000.
``Aircraft Procurement, Air Force, 2009/2011'',
$387,700,000.
``Aircraft Procurement, Army, 2010/2012'', $14,000,000.
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $36,000,000.
``Missile Procurement, Army, 2010/2012'', $9,171,000.
``Aircraft Procurement, Navy, 2010/2012'', $464,847,000.
``Procurement of Ammunition, Navy and Marine Corps, 2010/
2012'', $11,576,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2010/2014'': DDG-51 Destroyer, $22,000,000.
``Other Procurement, Navy, 2010/2012'', $9,042,000.
``Aircraft Procurement, Air Force, 2010/2012'',
$340,600,000.
``Other Procurement, Air Force, 2010/2012'', $36,600,000.
``Research, Development, Test and Evaluation, Army, 2010/
2011'', $163,400,000.
[[Page 125 STAT. 67]]
``Research, Development, Test and Evaluation, Air Force,
2010/2011'', $198,600,000.
``Other Procurement, Army, 2010/2012'', $50,000,000.
``Research, Development, Test and Evaluation, Defense-Wide,
2010/2011'', $10,000,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8042. None <<NOTE: North Korea.>> of the funds appropriated
or otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the funds
appropriated inthis Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, <<NOTE: Waiver authority. Certification.>> 2003,
level: Provided, That the Service Surgeons General may waive this
section by certifying to the congressional defense committees that the
beneficiary population is declining in some catchment areas and civilian
strength reductions may be consistent with responsible resource
stewardship and capitation-based budgeting.
Sec. 8045. <<NOTE: Drugs and drug abuse. 10 USC 374 note.>> (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 <<NOTE: 50 USC 403f note.>> of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
Sec. 8046. None <<NOTE: Ball and roller bearings.>> 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 <<NOTE: Waiver authority. Certification.>> 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
[[Page 125 STAT. 68]]
be made in order to acquire capability for national security purposes:
Provided further, <<NOTE: Applicability.>> That this restriction shall
not apply to the purchase of ``commercial items'', as defined by section
4(12) of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8047. None <<NOTE: Certification.>> of the funds in this Act
may be used to purchase any supercomputer which is not manufactured in
the United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must be made
in order to acquire capability for national security purposes that is
not available from United States manufacturers.
Sec. 8048. None <<NOTE: Salaries.>> of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. (a) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Applicability.>> This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8050. None <<NOTE: Contracts.>> 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--
[[Page 125 STAT. 69]]
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8053. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, <<NOTE: Reimbursement.>> 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.
[[Page 125 STAT. 70]]
Sec. 8054. Using <<NOTE: Germany.>> funds made available by this
Act or any other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States Code, may
implement cost-effective agreements for required heating facility
modernization in the Kaiserslautern Military Community in the Federal
Republic of Germany: Provided, That <<NOTE: Anthracite.>> in the City
of Kaiserslautern and at the Rhine Ordnance Barracks area, such
agreements will include the use of United States anthracite as the base
load energy for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions are included
for the consideration of United States coal as an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National
Intelligence <<NOTE: Waiver authority. Certification.>> Program:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8056. None of the funds made available in this Act may be used
to approve or license the sale of the F-22A advanced tactical fighter to
any foreign government: Provided, That the Department of Defense may
conduct or participate in studies, research, design and other activities
to define and develop a future export version of the F-22A that protects
classified and sensitive information, technologies and U.S. warfighting
capabilities.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) <<NOTE: Applicability. Contracts.>> 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,
[[Page 125 STAT. 71]]
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508,
8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8058. (a) <<NOTE: Human rights.>> 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 <<NOTE: Waiver authority. Determination.>> 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 <<NOTE: Deadline. Reports.>> more than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing
the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information relating to
human rights violations that necessitates the waiver.
Sec. 8059. None <<NOTE: Vessels.>> 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 <<NOTE: Waiver
authority. Certification.>> entity: Provided, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire capability
for national security purposes or there exists a significant cost or
quality difference.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding <<NOTE: Reports.>> 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 <<NOTE: Waiver authority. Certification.>> the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
Sec. 8062. The <<NOTE: Classified
information. Reports. Deadlines. Effective date.>> Secretary of Defense
shall provide a classified quarterly report beginning 30 days after
enactment of this Act,
[[Page 125 STAT. 72]]
to the House and Senate Appropriations Committees, Subcommittees on
Defense on certain matters as directed in the classified annex
accompanying this Act.
Sec. 8063. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to <<NOTE: Waiver
authority. Certification.>> such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None <<NOTE: Arms and munitions.>> of the funds
provided in this Act may be used to transfer to any nongovernmental
entity ammunition held by the Department of Defense that has a center-
fire cartridge and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'',
except to an entity performing demilitarization services for the
Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8066. Notwithstanding <<NOTE: Waiver authority. Time
period.>> any other provision of law, the Chief of the National Guard
Bureau, or his designee, may waive payment of all or part of the
consideration that otherwise would be required under section 2667 of
title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
Sec. 8067. None <<NOTE: Alcohol and alcoholic beverages.>> 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
[[Page 125 STAT. 73]]
installation is located in more than one State, purchases may be made in
any State in which the installation <<NOTE: Applicability.>> is
located: Provided further, That such local procurement requirements for
malt beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than wine and
malt beverages, in contiguous States and the District of Columbia shall
be procured from the most competitive source, price and other factors
considered.
Sec. 8068. Funds <<NOTE: 10 USC 2281 note.>> available to the
Department of Defense for the Global Positioning System during the
current fiscal year, and hereafter, may be used to fund civil
requirements associated with the satellite and ground control segments
of such system's modernization program.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $147,258,300 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That <<NOTE: Contracts. Real property.>> the Secretary of
Defense is authorized to enter into and carry out contracts for the
acquisition of real property, construction, personal services, and
operations related to projects carrying out the purposes of this
section: Provided further, That contracts entered into under the
authority of this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That projects
authorized by this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
Sec. 8070. Section <<NOTE: Applicability. 10 USC 113 note.>> 8106
of the Department of Defense Appropriations Act, 1997 (titles I through
VIII of the matter under subsection 101(b) of Public Law 104-208; 110
Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in fiscal year
2011.
Sec. 8071. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for <<NOTE: Determination. Grants. Fisher House
Foundation, Inc.>> obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible military
beneficiary.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
and Evaluation, Defense-Wide'', $415,115,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount, $205,000,000 shall
be for the Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to counter short-
range rocket threats, $84,722,000 shall be for the Short Range Ballistic
Missile Defense (SRBMD)
[[Page 125 STAT. 74]]
program, including cruise missile defense research and development under
the SRBMD program, $58,966,000 shall be available for an upper-tier
component to the Israeli Missile Defense Architecture, and $66,427,000
shall be for the Arrow System Improvement Program including development
of a long range, ground and airborne, detection suite, of which
$12,000,000 shall be for producing Arrow missile components in the
United States and Arrow missile components in Israel to meet Israel's
defense requirements, consistent with each nation's laws, regulations
and procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
Sec. 8073. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command administrative and operational control of U.S. Navy
forces assigned to the Pacific fleet: Provided, That the command and
control relationships which existed on October 1, 2004, shall remain in
force unless changes are specifically authorized in a subsequent Act.
Sec. 8074. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations listed
in section 7403(a)(2) of title 38, United States Code, as well as the
following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) The <<NOTE: Applicability.>> requirements of
section 7403(g)(1)(A) of title 38, United States Code,
shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code, shall not apply.
Sec. 8075. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2011 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2011.
Sec. 8076. None <<NOTE: Notification.>> of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8077. The <<NOTE: Federal budget. 10 USC 221 note.>> 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
[[Page 125 STAT. 75]]
accounts: Provided, That these documents shall include a description of
the funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8078. None <<NOTE: Nuclear arms.>> of the funds in this Act
may be used for research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense system.
(including transfer of funds)
Sec. 8079. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $65,200,000 is hereby appropriated
to <<NOTE: Determination. Grants.>> the Department of Defense:
Provided, That upon the determination of the Secretary of Defense that
it shall serve the national interest, he shall make grants in the
amounts specified as follows: $20,000,000 to the United Service
Organizations; $24,000,000 to the Red Cross; $1,200,000 to the Special
Olympics; and $20,000,000 to the Youth Mentoring Grants Program:
Provided further, That funds available in this section for the Youth
Mentoring Grants Program may be available for transfer to the Department
of Justice Youth Mentoring Grants Program.
Sec. 8080. None <<NOTE: 53rd Weather Reconnaissance Squadron.>> of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8081. None <<NOTE: Foreign intelligence.>> of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to
United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States
Constitution as implemented through Executive Order No. 12333.
Sec. 8082. (a) <<NOTE: Notification. Deployment.>> 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 <<NOTE: Waiver authority. Determination.>> 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.
[[Page 125 STAT. 76]]
(including transfer of funds)
Sec. 8083. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the <<NOTE: Deadline. Notification.>> Secretary may not transfer any
funds until 30 days after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives and the
Senate, unless a response from the Committees is received sooner:
Provided further, That any funds transferred pursuant to this section
shall retain the same period of availability as when originally
appropriated: Provided further, That the transfer authority provided by
this section is in addition to any other transfer authority contained
elsewhere in this Act.
Sec. 8084. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8085. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs)
from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8086. Notwithstanding <<NOTE: 10 USC 1599c note.>> any other
provision of law or regulation, during the current fiscal year and
hereafter, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8087. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8088. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2012.
[[Page 125 STAT. 77]]
Sec. 8089. For <<NOTE: Applicability.>> purposes of section
1553(b) of title 31, United States Code, any subdivision of
appropriations made in this Act under the heading ``Shipbuilding and
Conversion, Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion, Navy''
appropriations in any prior fiscal year, and the 1 percent limitation
shall apply to the total amount of the appropriation.
Sec. 8090. Notwithstanding any other provision of law, not more
than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8091. The <<NOTE: Budget exhibits. 50 USC 415a-2 note.>>
Director of National Intelligence shall include the budget exhibits
identified in paragraphs (1) and (2) as described in the Department of
Defense Financial Management Regulation with the congressional budget
justification books:
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program; P-
5, Cost Analysis; P-5a, Procurement History and Planning; P-21,
Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8092. The <<NOTE: 10 USC 221 note.>> 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 <<NOTE: Designation.>> Code, during fiscal year 2011. The
Secretary of Defense shall designate an official in the Office of the
Secretary of Defense to provide overall supervision of the preparation
and justification of program recommendations and budget proposals to be
included in such major force program category.
Sec. 8093. (a) Not <<NOTE: Deadline. Reports.>> later than 60 days
after enactment of this Act, the Office of the Director of National
Intelligence shall submit a report to the congressional intelligence
committees to establish the baseline for application of reprogramming
and transfer authorities for fiscal year 2011: Provided, That the
report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None <<NOTE: Certification.>> of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8094. The <<NOTE: Submission. Deadlines. 50 USC 415a-
3.>> Director of National Intelligence shall submit to Congress each
year, at or about the time that the President's
[[Page 125 STAT. 78]]
budget is submitted to Congress that year under section 1105(a) of title
31, United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8095. For <<NOTE: Definition.>> the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8096. The <<NOTE: Reports. Deadline.>> Department of Defense
shall continue to report incremental contingency operations costs for
Operation New Dawn and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the Department of
Defense Financial Management Regulation Department of Defense
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency Operations'',
Annex 1, dated September 2005.
Sec. 8097. The amounts appropriated in title II of this Act are
hereby reduced by $1,983,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows: (1) From
``Operation and Maintenance, Army'', $700,000,000; and (2) From
``Operation and Maintenance, Defense-Wide'', $1,283,000,000.
(including transfer of funds)
Sec. 8098. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
(including transfer of funds)
Sec. 8099. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $24,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available for
the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and Budget
must approve any transfers made under this provision.
Sec. 8100. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8101. (a) <<NOTE: Web posting. Reports.>> 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
[[Page 125 STAT. 79]]
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 <<NOTE: Time period.>> head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 8102. (a) <<NOTE: Contracts.>> 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 <<NOTE: Certification.>> 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 <<NOTE: Waiver authority. Determination.>> 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 <<NOTE: Public information. Deadline.>> States.
The Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days
[[Page 125 STAT. 80]]
before the contract or subcontract addressed in the determination may be
awarded.
(e) <<NOTE: Deadline. Reports.>> By March 1, 2011, or within 60 days
after enactment of this Act, whichever is later, the Government
Accountability Office shall submit a report to the Congress evaluating
the effect that the requirements of this section have had on national
security, including recommendations, if any, for changes to these
requirements.
Sec. 8103. (a) Prohibition on Conversion of Functions Performed by
Federal Employees to Contractor Performance.--None of the funds
appropriated by this Act or otherwise available to the Department of
Defense may be used to begin or announce the competition to award to a
contractor or convert to performance by a contractor any functions
performed by Federal employees pursuant to a study conducted under
Office of Management and Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not apply to
the award of a function to a contractor or the conversion of a function
to performance by a contractor pursuant to a study conducted under
Office of Management and Budget (OMB) Circular A-76 once all reporting
and certifications required by section 325 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84) have been
satisfactorily completed.
Sec. 8104. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or mission
essential business management information technology system that is not
registered with the Director <<NOTE: Notice.>> 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) <<NOTE: Deadlines. Reports.>> The Director of the Business
Transformation Office shall provide the congressional intelligence
committees a semi-annual report of approvals under paragraph (1) no
later than March 30 and September 30 of each year. The report shall
include the results of the Business Transformation Investment Review
Board's semi-annual activities, and each report shall certify that the
following steps have been taken for systems approved under paragraph
(1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
[[Page 125 STAT. 81]]
(including transfer of funds)
Sec. 8105. Of the funds appropriated in this Act for the Office of
the Director of National Intelligence, $50,000,000, may be transferred
to appropriations available to the Central Intelligence Agency, the
National Security Agency, and the National Geospatial Intelligence
Agency, the Defense Intelligence Agency and the National Reconnaissance
Office for the Business Transformation Transfer Funds, to be merged with
and to be available for the same time period and the same purposes as
the appropriation to which transferred: Provided, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
(including transfer of funds)
Sec. 8106. In addition to funds made available elsewhere in this
Act, there is hereby appropriated $538,875,000, to remain available
until transferred: Provided, That these funds are appropriated to the
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund''
elsewhere in this section): Provided further, That the Secretary of the
Air Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and
``Research, Development, Test and Evaluation, Air Force'', only for the
purposes of proceeding with a tanker acquisition program: Provided
further, That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the appropriations
or fund to which transferred: Provided further, That this transfer
authority is in addition to any other transfer authority available to
the Department of Defense: Provided further,
That <<NOTE: Deadline. Notification.>> 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 <<NOTE: Reports. Deadlines.>> transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation.
(including transfer of funds)
Sec. 8107. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$132,200,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the
[[Page 125 STAT. 82]]
Secretary of Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8108. (a) Of the amounts made available in this Act under the
heading ``Operation and Maintenance, Navy'', not less than $2,000,000,
shall be made available for leveraging the Army's Contractor Manpower
Reporting Application, modified as appropriate for Service-specific
requirements, for documenting the number of full-time contractor
employees (or its equivalent) pursuant to United States Code title 10,
section 2330a(c) and meeting the requirements of United States Code
title 10, section 2330a(e) and United States Code title 10, section 235.
(b) Of the amounts made available in this Act under the heading
``Operation and Maintenance, Air Force'', not less than $2,000,000 shall
be made available for leveraging the Army's Contractor Manpower
Reporting Application, modified as appropriate for Service-specific
requirements, for documenting the number of full-time contractor
employees (or its equivalent) pursuant to United States Code title 10
section 2330a(c) and meeting the requirements of United States Code
title 10, section 2330a(e) and United States Code title 10, section 235.
(c) The <<NOTE: Reports. Deadline.>> Secretaries of the Army, Navy,
Air Force, and the Directors of the Defense Agencies and Field
Activities (in coordination with the appropriate Principal Staff
Assistant), in coordination with the Under Secretary of Defense for
Personnel and Readiness, shall report to the congressional defense
committees within 60 days of enactment of this Act their plan for
documenting the number of full-time contractor employees (or its
equivalent), as required by United States Code title 10, section 2330a.
(including transfer of funds)
Sec. 8109. In addition to amounts provided elsewhere in this Act,
there is appropriated $250,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to be available until
expended: Provided, That <<NOTE: Grants. Education.>> such funds shall
only be available to the Secretary of Defense, acting through the Office
of Economic Adjustment of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other provision of law,
to make grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools: Provided
further, That in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools having the
most serious capacity or facility condition deficiencies as determined
by the Secretary of Defense.
Sec. 8110. In addition to amounts provided elsewhere in this Act,
there is appropriated $300,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended. Such funds may be available for the Office of Economic
Adjustment, notwithstanding any other provision of law, for
transportation infrastructure improvements associated with medical
facilities related to recommendations of the Defense Base Closure and
Realignment Commission.
[[Page 125 STAT. 83]]
Sec. 8111. Section 310(b) of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 124 Stat. 1871) <<NOTE: 123 Stat. 1871.>> is
amended by striking ``1 year'' both places it appears and inserting ``2
years''.
Sec. 8112. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified <<NOTE: Deadline. Certification. Procedures.>> annex:
Provided, That not later than 90 days after enactment of this Act, the
Director of National Intelligence shall certify that the Office of the
Director of National Intelligence selects individuals for Senior
Executive positions in a manner consistent with statutes, regulations,
and the requirements of other Federal agencies in making such
appointments and will submit its policies and procedures related to the
appointment of personnel to Senior Executive positions to the
congressional intelligence oversight committees.
Sec. 8113. For <<NOTE: Assessment.>> 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. <<NOTE: Reports. Deadlines.>> The
Secretary of Defense shall provide a report of these assessments, to
specifically include whether any cost assessments determined that such
proposed costs were unreasonable or unrealistic, to the congressional
defense committees not later than 60 days after enactment of this Act
and on a quarterly basis thereafter.
Sec. 8114. <<NOTE: Pilot projects.>> (a) The Deputy Under Secretary
of Defense for Installations and Environment, in collaboration with the
Secretary of Energy, shall conduct energy security pilot projects at
facilities of the Department of Defense.
(b) In addition to the amounts provided elsewhere in this Act,
$20,000,000, is appropriated to the Department of Defense for
``Operation and Maintenance, Defense-Wide'' for energy security pilot
projects under subsection (a).
Sec. 8115. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under part
2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. <<NOTE: Deadline. Reports.>> 8116. Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense,
the Chief of the Air Force Reserve, and the Director of the National
Guard Bureau, in collaboration with the Secretary of Agriculture and the
Secretary of the Interior, shall submit to the Committees on
Appropriations of the House and Senate, the House Committee on
Agriculture, the Senate Committee on Agriculture, Nutrition and
Forestry, the House Committee on Natural Resources, and the Senate
Committee on Energy and Natural Resources a report of firefighting
aviation assets. The report required under this section shall include
each of the following:
(1) A description of the programming details necessary to
obtain an appropriate mix of fixed wing and rotor wing
firefighting assets needed to produce an effective aviation
resource base to support the wildland fire management program
into the future. Such programming details shall include the
acquisition and contracting needs of the mix of aviation
[[Page 125 STAT. 84]]
resources fleet, including the acquisition of up to 24 C-130Js
equipped with the Mobile Airborne Fire Fighting System II (in
this section referred to as ``MAFFS''), to be acquired over
several fiscal years starting in fiscal year 2012.
(2) The costs associated with acquisition and contracting of
the aviation assets described in paragraph (1).
(3) A description of the costs of the operation,
maintenance, and sustainment of a fixed and rotor wing aviation
fleet, including a C-130J/MAFFS II in an Air National Guard
tactical airlift unit construct of 4, 6, or 8 C-130Js per unit
starting in fiscal year 2012, projected out through fiscal year
2020. Such description shall include the projected costs
associated with each of the following through fiscal year 2020:
(A) Crew ratio based on 4, 6, or 8 C-130J Air
National Guard unit construct and requirement for full-
time equivalent crews.
(B) Associated maintenance and other support
personnel and requirement for full-time equivalent
positions.
(C) Yearly flying hour model and the cost for use of
a fixed and rotor wing aviation fleet, including C-130J
in its MAFFS capacity supporting the United States
Forest Service.
(D) Yearly flying hour model and cost for use of a
C-130J in its capacity supporting Air National Guard
tactical airlift training.
(E) Any other costs required to conduct both the
airlift and firefighting missions, including the Air
National Guard unit construct for C-130Js.
(4) Proposed program management, utilization, and cost share
arrangements for the aircraft described in paragraph (1) for
primary support of the Forest Service and secondary support, on
an as available basis, for the Department of Defense, together
with any proposed statutory language needed to authorize and
effectuate the same.
(5) An integrated plan for the Forest Service and the
Department of the Interior wildland fire management programs to
operate the fire fighting air tanker assets referred to in this
section.
Sec. 8117. Notwithstanding <<NOTE: Reduction.>> any other
provision of this Act, to reflect savings from revised economic
assumptions, the total amount appropriated in title II of this Act is
hereby reduced by $532,000,000, the total amount appropriated in title
III of this Act is hereby reduced by $564,000,000, and the total amount
appropriated in title IV of this Act is hereby reduced by $381,000,000:
Provided, That <<NOTE: Allocation.>> the Secretary of Defense shall
allocate this reduction proportionally to each budget activity, activity
group, subactivity group, and each program, project, and activity,
within each appropriation account.
Sec. 8118. The total amount available in this Act for pay for
civilian personnel of the Department of Defense for fiscal year 2011
shall be the amount otherwise appropriated or made available by this Act
for such pay reduced by $723,000,000.
Sec. 8119. None <<NOTE: Deadline.>> of the funds appropriated or
otherwise made available to the Department of Defense may be used for
the disestablishment, closure, or realignment of the Joint Forces
Command unless within 120 days of the enactment of this Act--
[[Page 125 STAT. 85]]
(1) the <<NOTE: Notification.>> Secretary of Defense
notifies the congressional defense committees of the proposed
disestablishment, closure, or realignment of the Joint Forces
Command; and
(2) the <<NOTE: Plans.>> Secretary submits to the
congressional defense committees a plan for the
disestablishment, closure, or realignment of the Joint Forces
Command, which plan shall contain at a minimum--
(A) an explanation of the projected savings of the
proposed disestablishment, closure, or realignment;
(B) a cost-benefit analysis of the proposed
disestablishment, closure, or realignment;
(C) the budgetary impact of the proposed
disestablishment, closure, or realignment;
(D) the strategic and operational consequences of
the proposed disestablishment, closure, or realignment;
and
(E) an appropriate local economic assessment of the
proposed disestablishment, closure, or realignment,
which shall include at a minimum--
(i) a list of Federal, State, and local
government departments and agencies that are
required by statute or regulation to provide
assistance and outreach for the community affected
by the proposed disestablishment, closure, or
realignment; and
(ii) a list of the contractors and businesses
affected by the proposed disestablishment,
closure, or realignment.
Sec. 8120. The explanatory statement regarding this Act, printed in
the House of Representatives section of the Congressional Record on or
about April 13, 2011, by the Chairman of the Committee on Appropriations
of the House of Representatives, shall have the same effect with respect
to the allocation of funds and implementation of this Act as if it were
a Report of the Committee on Appropriations.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,107,033,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,308,719,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant
[[Page 125 STAT. 86]]
to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$732,920,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,843,442,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$268,031,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$48,912,000: Provided, That each amount in this paragraph is designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$45,437,000: Provided, That each amount in this paragraph is designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$27,002,000: Provided, That each amount in this paragraph is designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res.
[[Page 125 STAT. 87]]
5 (112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$853,022,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $16,860,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$59,162,782,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$8,970,724,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $4,008,022,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
[[Page 125 STAT. 88]]
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $12,969,643,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,276,990,000: Provided, That each amount in this section is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010: Provided further, That of the funds
provided under this heading:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation New Dawn and
Operation Enduring Freedom.
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations for
logistical, military, and other support, including access
provided to United States military operations in support of
Operation New Dawn and Operation Enduring Freedom,
notwithstanding any
other <<NOTE: Determination. Deadline. Notification.>> 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, <<NOTE: Iraq. Afghanistan. Deadline. Notification.>> Tha
t 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 <<NOTE: Deadlines. Reports.>> congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $206,784,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement
[[Page 125 STAT. 89]]
pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $93,559,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $29,685,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $188,807,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $497,849,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $402,983,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Afghanistan Infrastructure Fund
(including transfer of funds)
There is hereby established in the Treasury of the United States the
``Afghanistan Infrastructure Fund''. For the ``Afghanistan
[[Page 125 STAT. 90]]
Infrastructure Fund'', $400,000,000, to remain available until
September <<NOTE: Decision.>> 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 <<NOTE: Deadline. Notification.>> for such purposes: Provided
further, That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers to or from, or obligations from the Fund,
notify the appropriate committees of Congress in writing of the details
of any such transfer: Provided further, That the ``appropriate
committees of Congress'' are the Committees on Armed Services, Foreign
Relations and Appropriations of the Senate and the Committees on Armed
Services, Foreign Affairs and Appropriations of the House of
Representatives: Provided further, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $11,619,283,000, to
remain available until September 30, 2012: Provided, That such
[[Page 125 STAT. 91]]
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 <<NOTE: Notification.>> 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Notification.>> such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense committees
of any proposed new projects or transfer of funds between budget sub-
activity groups in excess of $20,000,000: Provided further, That each
amount in this paragraph is designated as being for contingency
operations directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year 2010.
Iraq Security Forces Fund
For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
available until September 30, 2012: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, United
States Forces-Iraq, or the Secretary's designee, to provide assistance,
with the concurrence of the Secretary of State, to the security forces
of Iraq, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, and renovation: Provided
further, That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund and
used <<NOTE: Notification.>> 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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: Notification.>> such obligation: Provided further, That the
Secretary of Defense shall notify the congressional defense committees
of any proposed
[[Page 125 STAT. 92]]
new projects or transfer of funds between budget sub-activity groups in
excess of $20,000,000: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Pakistan Counterinsurgency Fund
(including transfer of funds)
For the ``Pakistan Counterinsurgency Fund'', $800,000,000, to remain
available until September 30, 2012: Provided, That such funds shall be
available to the Secretary of Defense, with the concurrence of the
Secretary of State, notwithstanding any other provision of law, for the
purpose of allowing the Secretary of Defense, or the Secretary's
designee, to provide assistance to Pakistan's security forces; including
program management and the provision of equipment, supplies, services,
training, and funds; and facility and infrastructure repair, renovation,
and construction to build the counterinsurgency capability of Pakistan's
military and Frontier Corps: Provided further, That the authority to
provide assistance under this provision is in addition to any other
authority to provide assistance to foreign nations: Provided further,
That the Secretary of Defense may transfer funds provided herein to
appropriations for operation and maintenance; procurement; research,
development, test and evaluation; defense working capital funds; and to
the Department of State, Pakistan Counterinsurgency Capability Fund to
accomplish the purpose provided herein: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
authority available to the Department of Defense to transfer funds:
Provided further, That funds so transferred shall be merged with and be
available for the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further, That
the <<NOTE: Deadline. Notification.>> Secretary of Defense shall, not
fewer than 15 days prior to making transfers from this appropriation
account, notify the Committees on Appropriations in writing of the
details of any such transfer: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of H.
Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$2,720,138,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
[[Page 125 STAT. 93]]
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$343,828,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $896,996,000, to remain available until
September 30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$369,885,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,401,832,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$1,169,549,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
[[Page 125 STAT. 94]]
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$90,502,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $558,024,000, to remain available until September 30,
2013: Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$316,835,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,589,119,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$1,991,955,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
[[Page 125 STAT. 95]]
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$56,621,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $292,959,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,868,593,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$1,262,499,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $850,000,000, to remain available for
obligation until September 30, 2013, of which $250,000,000 shall be
available only for <<NOTE: Deadline. Assessment.>> the Army National
Guard: Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after the enactment of this
Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component: Provided further, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H.
[[Page 125 STAT. 96]]
Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$3,415,000,000, to remain available until September 30, 2012: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, to procure, sustain,
transport, and field Mine Resistant Ambush Protected vehicles: Provided
further, That the Secretary shall transfer such funds only to
appropriations made available in this or any other Act for operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That such transferred funds shall be merged
with and be available for the same purposes and the same time period as
the appropriation to which transferred: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department
of <<NOTE: Deadline. Notification.>> Defense: Provided further, That
the Secretary shall, not fewer than 10 days prior to making transfers
from this appropriation, notify the congressional defense committees in
writing of the details of any such transfer: Provided further, That
each amount in this paragraph is designated as being for contingency
operations directly related to the global war on terrorism pursuant to
section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year 2010.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $143,234,000, to remain available until September
30, 2012: Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $104,781,000, to remain available until September
30, 2012: Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
[[Page 125 STAT. 97]]
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $484,382,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $222,616,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$485,384,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,422,092,000, of which $1,398,092,000 shall be for operation and
maintenance, to remain available until September 30, 2011, and of which
$24,000,000 shall be for research, development, test and evaluation, to
remain available until September 30, 2012: Provided, That each amount
in this paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $440,510,000, to remain available until September
30, 2012: Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant
[[Page 125 STAT. 98]]
to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,793,768,000, to remain available until September 30, 2013: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to
the <<NOTE: Deadline. Notification.>> Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,529,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2011.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up to
$4,000,000,000 between the appropriations or funds made available to the
Department of <<NOTE: Notification.>> 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
[[Page 125 STAT. 99]]
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 <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Deadlines. Data.>> 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 <<NOTE: Deadline. Notification.>> 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-
[[Page 125 STAT. 100]]
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 <<NOTE: Deadlines. Reports.>> Secretary
of Defense shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by the
United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. (a) The <<NOTE: Deadlines. Reports. Time
period.>> 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.
[[Page 125 STAT. 101]]
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to in
subsection (a) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts, including
estimates for the accounts referred to in subsection (a) of the
costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal year.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon <<NOTE: Determination.>> determination by the Secretary of
Defense that such action is necessary to meet the operational
requirements of a Commander of a Combatant Command engaged in
contingency operations overseas, such funds may be used to purchase
items having an investment item unit cost of not more than $500,000.
(including transfer of funds)
Sec. 9011. Of the funds appropriated by this Act for the Office of
the Director of National Intelligence, $3,375,000 is available, as
specified in the classified annex, for transfer to other departments and
agencies of the Federal Government.
Sec. 9012. (a) The Task Force for Business and Stability Operations
in Afghanistan may, subject to the direction and control of the
Secretary of Defense and with the concurrence of the Secretary of State,
carry out projects in fiscal year 2011 to assist the commander of the
United States Central Command in developing a link between United States
military operations in Afghanistan under Operation Enduring Freedom and
the economic elements of United States national power in order to reduce
violence, enhance stability, and restore economic normalcy in
Afghanistan through strategic business and economic opportunities.
(b) The projects carried out under paragraph (a) may include
projects that facilitate private investment, industrial development,
banking and financial system development, agricultural diversification
and revitalization, and energy development in and with respect to
Afghanistan.
(c) The Secretary may use up to $150,000,000 of the funds available
for overseas contingency operations in ``Operation and Maintenance,
Army'' for additional activities to carry out projects under paragraph
(a).
Sec. 9013. (a) Not more than 85 percent of the funds provided in
this title for Operation and Maintenance may be available for obligation
or expenditure until the date on which the Secretary of Defense submits
the report under subsection (b).
(b) Not <<NOTE: Deadline. Reports.>> later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on contractor employees
in the United States Central Command, including--
(1) the number of employees of a contractor awarded a
contract by the Department of Defense (including subcontractor
employees) who are employed at the time of the report in the
area of operations of the United States Central Command,
[[Page 125 STAT. 102]]
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 <<NOTE: Time period.>> fiscal year quarter
beginning on the date of the report and ending on September 30,
2012--
(A) the number of such employees planned by the
Secretary to be employed during each such period in each
of Iraq, Afghanistan, and all other areas of operations
of the United States Central Command; and
(B) an explanation of how the number of such
employees listed under subparagraph (A) relates to the
planned number of military personnel in such locations.
Sec. 9014. From funds made available in this title to the
Department of Defense for operation and maintenance, up to $129,100,000
may be used by the Secretary of Defense, notwithstanding any other
provision of law, to support the United States Government transition
activities in Iraq by undertaking facilities renovation and construction
associated with establishing Office of Security Cooperation locations,
at no more than four sites, in Iraq: Provided, That not
less <<NOTE: Deadline. Notification.>> than 15 days before making funds
available pursuant to the authority provided in this section, the
Secretary shall submit to the congressional defense committees a written
notice containing a detailed justification and timeline for each
proposed site and the source of funds.
Sec. 9015. Any <<NOTE: 1 USC 1 note.>> reference to ``this Act'' in
this division shall apply solely to this division.
This division may be cited as the ``Department of Defense
Appropriations Act, 2011''.
DIVISION B-- <<NOTE: Full-Year Continuing Appropriations Act,
2011.>> FULL-YEAR CONTINUING APPROPRIATIONS, 2011
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government for
fiscal year 2011, and for other purposes, namely:
TITLE I--GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the level
specified in subsection (c) and under the authority and conditions
provided in applicable appropriations Acts for fiscal year 2010, for
projects or activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80).
(2) The Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85).
(3) The Department of Homeland Security Appropriations Act,
2010 (Public Law 111-83).
(4) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2010 (division A of Public Law 111-
88).
[[Page 125 STAT. 103]]
(5) The Legislative Branch Appropriations Act, 2010
(division A of Public Law 111-68).
(6) The Consolidated Appropriations Act, 2010 (Public Law
111-117).
(7) Section 102(c) (except the last proviso relating to
waiver of fees) of chapter 1 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) that addresses
guaranteed loans in the rural housing insurance fund.
(b) For <<NOTE: Definition.>> purposes of this division, the term
``level'' means an amount.
(c) The level referred to in subsection (a) shall be the amounts
appropriated in the appropriations Acts referred to in such subsection,
including transfers and obligation limitations, except that--
(1) such level shall not include any amount previously
designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010; and
(2) such level shall be calculated without regard to any
rescission or cancellation of funds or contract authority.
Sec. 1102. Appropriations made by section 1101 shall be available
to the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 1103. Appropriations provided by this division that, in the
applicable appropriations Act for fiscal year 2010, carried a multiple-
year or no-year period of availability shall retain a comparable period
of availability.
Sec. 1104. Except <<NOTE: Extension date.>> as otherwise expressly
provided in this division, the requirements, authorities, conditions,
limitations, and other provisions of the appropriations Acts referred to
in section 1101(a) shall continue in effect through the date specified
in section 1106.
Sec. 1105. No appropriation or funds made available or authority
granted pursuant to section 1101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were specifically prohibited during fiscal year 2010.
Sec. 1106. Unless otherwise provided for in this division or in the
applicable appropriations Act, appropriations and funds made available
and authority granted pursuant to this division shall be available
through September 30, 2011.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Act, 2011 (Public Law 111-242), shall be charged to the
applicable appropriation, fund, or authorization provided by this
division.
Sec. 1108. Funds appropriated by this division may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 1109. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2010, and for activities under the Food and Nutrition Act of 2008, the
levels established by section 1101 shall be the amounts necessary to
maintain program levels under current law
[[Page 125 STAT. 104]]
and under the authority and conditions provided in the applicable
appropriations Acts for fiscal year 2010.
(b) In addition to the amounts otherwise provided by section 1101,
the following amounts shall be available for the following accounts for
advance payments for the first quarter of fiscal year 2012:
(1) ``Department of Labor, Employment Standards
Administration, Special Benefits for Disabled Coal Miners'', for
benefit payments under title IV of the Federal Mine Safety and
Health Act of 1977, $41,000,000, to remain available until
expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for Medicaid'',
for payments to States or in the case of section 1928 on behalf
of States under title XIX of the Social Security Act,
$86,445,289,000, to remain available until expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States for
Child Support Enforcement and Family Support Programs'', for
payments to States or other non-Federal entities under titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960 (24 U.S.C. ch. 9), $1,200,000,000, to remain
available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States for
Foster Care and Permanency'', for payments to States or other
non-Federal entities under title IV-E of the Social Security
Act, $1,850,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $13,400,000,000, to remain available until
expended.
Sec. 1110. Amounts incorporated by reference in this division that
were previously designated as available for overseas deployments and
other activities pursuant to S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010, are designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Sec. 1111. Any <<NOTE: Earmark.>> language specifying an earmark in
an appropriations Act for fiscal year 2010, or in a committee report or
joint explanatory statement accompanying such an Act, shall have no
legal effect with respect to funds appropriated by this division. For
purposes of <<NOTE: Definition.>> this section, the term ``earmark''
means a congressional earmark or congressionally directed spending item,
as defined in clause 9(e) of rule XXI of the Rules of the House of
Representatives and paragraph 5(a) of rule XLIV of the Standing Rules of
the Senate.
Sec. 1112. Notwithstanding <<NOTE: Khalid Sheikh
Mohammed.>> section 1101, none of the funds appropriated or otherwise
made available in this division or any other Act (including division A
of this Act) may be used to transfer, release, or assist in the transfer
or release to or within the United States, its territories, or
possessions Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
[[Page 125 STAT. 105]]
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 1113. <<NOTE: Cuba Certification. Deadline.>> (a)(1)
Notwithstanding section 1101, except as provided in paragraph (2), none
of the funds appropriated or otherwise made available in this division
or any other Act (including division A of this Act) may be used to
transfer any individual detained at Guantanamo to the custody or
effective control of the individual's country of origin, any other
foreign country, or any other foreign entity unless the Secretary of
Defense submits to Congress the certification described in subsection
(b) by not later than 30 days before the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary of Defense to transfer any individual detained at Guantanamo
to effectuate an order affecting the disposition of the individual that
is issued by a court or competent tribunal of the United States having
lawful jurisdiction. <<NOTE: Notification.>> The Secretary of Defense
shall notify Congress promptly upon issuance of any such order.
(b) The certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence of
the Secretary of State, that the government of the foreign country or
the recognized leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention facility
in which an individual is to be detained if the individual is to
be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States, its
citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates
of the individual; and
(B) could affect the security of the United States,
its citizens, or its allies.
(c)(1) Except as provided in paragraph (3), none of the funds
appropriated or otherwise made available in this division or any other
Act (including division A of this Act) may be used to transfer any
individual detained at Guantanamo to the custody or effective control of
the individual's country of origin, any other foreign country, or any
other foreign entity if there is a confirmed case of any individual who
was detained at United States Naval Station, Guantanamo Bay, Cuba, at
any time after September 11, 2001, who was transferred to the foreign
country or entity and subsequently engaged in any terrorist activity.
(2) The <<NOTE: Waiver authority. Determination.>> Secretary of
Defense may waive the prohibition in paragraph (1) if the Secretary
determines that such a transfer is in the national security interests of
the United States and includes, as part of the certification described
in subsection (b)
[[Page 125 STAT. 106]]
relating to such transfer, the determination of the Secretary under this
paragraph.
(3) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate an order affecting the disposition of the individual that is
issued by a court or competent tribunal of the United States having
lawful jurisdiction. The Secretary <<NOTE: Notification.>> shall notify
Congress promptly upon issuance of any such order.
(d) For <<NOTE: Definitions.>> the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means any
individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the effective
control of the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 1114. (a) Notwithstanding section 1101, none of the funds
appropriated or otherwise made available by this division or any other
Act (including division A of this Act) may be used to construct or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1115. Section <<NOTE: Applicability.>> 1(b)(2) of the
Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting the date specified in section 1106 of this division for
``September 30, 2010''.
Sec. 1116. (a) <<NOTE: Applicability.>> Section 1115(d) of Public
Law 111-32 shall be applied by substituting the date specified in
section 1106 of this division for ``October 1, 2010''.
(b) Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)) shall be applied by substituting the date specified in section
1106 of this division for ``October 1, 2010'' in paragraph (2).
(c) Section 61(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2733(a)) shall be applied by substituting the date
specified in section 1106 of this division for ``October 1, 2010'' in
paragraph (2).
[[Page 125 STAT. 107]]
(d) Section 625(j)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2385(j)(1)) shall be applied by substituting the date specified
in section 1106 of this division for ``October 1, 2010'' in subparagraph
(B).
Sec. 1117. The authority provided by section 1334 of the Foreign
Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) shall
remain in effect through the date specified in section 1106 of this
division.
Sec. 1118. With respect to any discretionary account for which
advance appropriations were provided for fiscal year 2011 or 2012 in an
appropriations Act for fiscal year 2010, in addition to amounts
otherwise made available by this Act, advance appropriations are
provided in the same amount for fiscal year 2012 or 2013, respectively,
with a comparable period of availability.
Sec. 1119. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 0.2 percent of--
(1) the budget authority provided for fiscal year 2011 for
any discretionary account of this division; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2011 for any discretionary account
in any prior fiscal year appropriation Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
referenced in section 1101 covering such account or item).
(c) Exceptions.--This section shall not apply to--
(1) discretionary authority appropriated or otherwise made
available by division A of this Act; or
(2) discretionary authority appropriated or otherwise made
available by division B of this Act and designated as being for
contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(d) OMB Report.--Within 30 days after the date of the enactment of
this section, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.
TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
Sec. 1201. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Secretary'' shall be $5,061,000.
Sec. 1202. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Tribal Relations'' shall be $499,000.
Sec. 1203. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, Office of Chief
Economist'' shall be $12,032,000.
[[Page 125 STAT. 108]]
Sec. 1204. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, National Appeals
Division'' shall be $14,254,000.
Sec. 1205. Notwithstanding section 1101, the level for
``Agricultural Programs, Executive Operations, Office of Homeland
Security'' shall be $1,499,000.
Sec. 1206. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Advocacy and Outreach'' shall be
$1,425,000.
Sec. 1207. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Chief Information Officer'' shall
be $40,000,000.
Sec. 1208. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Chief Financial Officer'' shall
be $6,260,000.
Sec. 1209. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Civil Rights'' shall be $22,737,000.
Sec. 1210. Notwithstanding section 1101, the level for
``Agricultural Programs, Agriculture Buildings and Facilities and Rental
Payments'' shall be $246,970,000, of which $178,470,000 shall be
available for payments to the General Services Administration for rent;
of which $13,500,000 shall be for payment to the Department of Homeland
Security for building and security activities; and of which $55,000,000
shall be for buildings operations and maintenance expenses.
Sec. 1211. Notwithstanding section 1101, the level for
``Agricultural Programs, Hazardous Materials Management'' shall be
$4,000,000.
Sec. 1212. Notwithstanding section 1101, the level for
``Agricultural Programs, Departmental Administration'' shall be
$29,706,000.
Sec. 1213. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the Assistant Secretary for
Congressional Relations'' shall be $3,877,000.
Sec. 1214. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of Communications'' shall be $9,499,000.
Sec. 1215. Notwithstanding section 1101, the level for
``Agricultural Programs, Office of the General Counsel'' shall be
$41,499,000.
Sec. 1216. Notwithstanding section 1101, the level for
``Agricultural Programs, Economic Research Service'' shall be
$81,978,000.
Sec. 1217. Notwithstanding section 1101, the level for
``Agricultural Programs, National Agricultural Statistics Service''
shall be $156,761,000: Provided, That <<NOTE: Applicability.>> the
amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$33,139,000'' for ``$37,908,000''.
Sec. 1218. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service, Salaries and
Expenses'' shall be $1,135,501,000.
Sec. 1219. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Research Service, Buildings and
Facilities'' shall be $0.
Sec. 1220. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and Agriculture,
Research and <<NOTE: Applicability.>> Education Activities'' shall be
$700,140,000: Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by this
division
[[Page 125 STAT. 109]]
by substituting ``$236,808,000'' for ``$215,000,000''; by substituting
``$33,000,000'' for ``$29,000,000''; by substituting ``$51,000,000'' for
``$48,500,000''; by substituting ``$265,000,000'' for ``$262,482,000'';
by substituting ``$2,844,000'' for ``$89,029,000''; by substituting
``$19,375,000'' for ``$18,250,000''; and by substituting ``$11,253,000''
for ``$45,122,000''.
Sec. 1221. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and Agriculture,
Extension Activities'' <<NOTE: Applicability.>> shall be $480,092,000:
Provided, That the amounts included under such heading in Public Law
111-80 shall be applied to funds appropriated by this division by
substituting ``$294,500,000'' for ``$297,500,000'' and by substituting
``$8,565,000'' for ``$20,396,000''.
Sec. 1222. Notwithstanding section 1101, the level for
``Agricultural Programs, National Institute of Food and Agriculture,
Integrated Activities'' <<NOTE: Applicability.>> shall be
`$37,000,000'': Provided, That the amounts included under such heading
in Public Law 111-80 shall be applied to funds appropriated by this
division by substituting ``$29,000,000'' for ``$45,148,000''; by
substituting ``$9,000,000'' for ``$12,649,000''; by substituting
``$11,000,000'' for ``$14,596,000''; by substituting ``$3,000,000'' for
``$4,096,000''; by substituting ``$0'' for ``$4,388,000''; by
substituting ``$0'' for ``$1,365,000''; by substituting ``$2,000,000''
for ``$3,054,000''; by substituting ``$4,000,000'' for ``$5,000,000'';
by substituting ``$1,000,000'' for ``$3,000,000''; by substituting
``$0'' for ``$732,000''; by substituting ``$1,000,000'' for
``$1,312,000''; and by substituting ``$6,000,000'' for ``$9,830,000''.
Sec. 1223. Notwithstanding section 1101, the level for
``Agricultural Programs, Animal and Plant Health Inspection Service,
Salaries and Expenses'' <<NOTE: Applicability.>> shall be $865,000,000:
Provided, That the amounts included under such heading in Public Law
111-80 shall be applied to funds appropriated by this division by
substituting ``$40,000,000'' for ``$60,243,000'' and by substituting
``$21,000,000'' for ``$23,390,000''.
Sec. 1224. Notwithstanding section 1101, the level for
``Agricultural Programs, Animal and Plant Health Inspection Service,
Buildings and Facilities'' shall be $3,536,000.
Sec. 1225. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Marketing Service, Marketing
Services'' shall be $86,711,000.
Sec. 1226. Notwithstanding section 1101, the level for
``Agricultural Programs, Agricultural Marketing Service, Limitation on
Administrative Expenses'' shall be $60,947,000 (from fees collected).
Sec. 1227. The <<NOTE: Applicability.>> amounts included under the
heading ``Agricultural Programs, Agricultural Marketing Service, Funds
for Strengthening Markets, Income, and Supply (Section 32)'' in Public
Law 111-80 shall be applied to funds appropriated by this division by
substituting ``$0'' for ``$10,000,000''.
Sec. 1228. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and Stockyards
Administration, Salaries and Expenses'' shall be $40,342,000.
Sec. 1229. Notwithstanding section 1101, the level for
``Agricultural Programs, Grain Inspection, Packers and Stockyards
Administration, Limitation on Inspection and Weighing Services
Expenses'' shall be $47,500,000 (from fees collected).
Sec. 1230. Notwithstanding section 1101, the level for
``Agricultural Programs, Food Safety and Inspection Service'' shall be
$1,008,520,000: Provided, That the Food Safety and Inspection
[[Page 125 STAT. 110]]
Service shall continue implementation of section 11016 of Public Law
110-246.
Sec. 1231. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Salaries and Expenses''
shall be $1,210,711,000.
Sec. 1232. Notwithstanding Section 1101, the level for
``Agricultural Programs, Farm Service Agency, State Mediation Grants''
shall be $4,185,000.
Sec. 1233. Notwithstanding section 1101, the level for
``Agricultural Programs, Farm Service Agency, Grassroots Source Water
Protection Program'' shall be $4,250,000.
Sec. 1234. The <<NOTE: Applicability.>> amounts included under the
heading ``Agricultural Programs, Farm Service Agency, Agricultural
Credit Insurance Fund Program Account'' in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$1,975,000,000'' for ``$2,150,000,000''; by substituting
``$475,000,000'' for ``$650,000,000''; by substituting
``$2,572,343,000'' for ``$2,670,000,000''; by substituting
``$122,343,000'' for ``$170,000,000''; by substituting ``$950,000,000''
for ``$1,000,000,000''; by substituting ``$0'' for ``$150,000,000''; by
substituting ``$0'' for ``$75,000,000'' the first and second place it
appears; by substituting ``$0'' for ``$10,000,000''; by substituting
``$38,570,000'' for ``$32,070,000''; by substituting ``$32,870,000'' for
``$26,520,000''; by substituting ``$5,700,000'' for ``$5,550,000''; by
substituting ``$109,410,000'' for ``$106,402,000''; by substituting
``$57,540,000'' for ``$47,400,000''; by substituting ``$34,950,000'' for
``$35,100,000''; by substituting ``$16,920,000'' for ``$23,902,000''; by
substituting ``$0'' for ``$1,065,000''; by substituting ``$0'' for
``$1,343,000''; by substituting ``$0'' for ``$278,000''; by substituting
``$0'' for ``$793,000''; by substituting ``$313,508,000'' for
``$321,093,000''; and by substituting ``$305,588,000'' for
``$313,173,000''. Funds appropriated by this division to such heading
for farm ownership, operating, direct and guaranteed loans may be
transferred among these programs: Provided,
That <<NOTE: Notification. Deadline.>> the Secretary of Agriculture
shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of any
transfer.
Sec. 1235. Notwithstanding section 1101, the level for
``Agricultural Programs, Risk Management Agency'' shall be $79,000,000.
Sec. 1236. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Conservation Operations'' shall be $872,247,000.
Sec. 1237. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Watershed and Flood Prevention Operations'' shall be $0.
Sec. 1238. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Watershed Rehabilitation Program'' shall be $18,000,000.
Sec. 1239. Notwithstanding section 1101, the level for
``Conservation Programs, Natural Resources Conservation Service,
Resource Conservation and Development'' shall be $0.
Sec. 1240. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Development, Salaries and Expenses'' shall
be $191,987,000.
Sec. 1241. The <<NOTE: Applicability.>> amounts included under the
heading ``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' in Public Law 111-80 for gross
obligations for the principal amount of direct and guaranteed loans
[[Page 125 STAT. 111]]
as authorized by title V of the Housing Act of 1949 shall be applied to
funds appropriated by this division by substituting ``$25,121,406,000''
for ``$13,121,488,000''; by substituting ``$1,121,406,000'' for
``$1,121,488,000''; by substituting ``$24,000,000,000'' for
``$12,000,000,000''; by substituting ``$23,360,000'' for
``$34,412,000''; by substituting ``$30,960,000'' for ``$129,090,000'';
by substituting ``$5,052,000'' for ``$5,045,000''; and by substituting
``$4,966,000'' for ``$4,970,000''.
Sec. 1242. Notwithstanding <<NOTE: Applicability.>> section 1101,
the level for ``Rural Development Programs, Rural Housing Service, Rural
Housing Insurance Fund Program Account'' for the cost of direct and
guaranteed loans, including the cost of modifying loans, authorized by
section 502 of the Housing Act of 1949 shall be $70,200,000: Provided,
That the amounts included for such costs under such heading in Public
Law 111-80 shall be applied to funds appropriated by this division by
substituting ``$70,200,000'' for ``$40,710,000'' in the case of direct
loans and by substituting ``$0'' for ``$172,800,000'' in the case of
unsubsidized guaranteed loans.
Sec. 1243. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' for the cost of repair, rehabilitation, and new
construction of rental housing authorized by section 515 of the Housing
Act of 1949 shall be $23,446,000.
Sec. 1244. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' for the cost of multi-family housing guaranteed
loans authorized by section 538 of the Housing Act of 1949 shall be
$3,000,000.
Sec. 1245. In addition to amounts otherwise appropriated or made
available by this division, there is appropriated to the Secretary of
Agriculture $288,000 for section 523 self-help housing land development
loans authorized by section 523 of the Housing Act of 1949 and $294,000
for site development loans authorized by section 524 of such Act.
Sec. 1246. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Insurance
Fund Program Account'' for administrative expenses necessary to carry
out the direct and guaranteed loan programs shall be $454,383,000.
Sec. 1247. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rental Assistance Program''
shall be $955,635,000: Provided, That <<NOTE: Applicability.>> the
amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting ``$0''
for ``$5,958,000''; and by substituting ``$3,000,000'' for
``$3,400,000''.
Sec. 1248. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Multi-Family Housing
Revitalization <<NOTE: Applicability.>> Program Account'' shall be
$30,000,000: Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by this
division by substituting ``$14,000,000'' for ``$16,400,000''; by
substituting ``$15,000,000'' for ``$25,000,000''; and by substituting
``$1,000,000'' for ``$1,791,000''.
Sec. 1249. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Mutual and Self-Help
Housing Grants'' shall be $37,000,000.
[[Page 125 STAT. 112]]
Sec. 1250. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Housing Assistance
Grants'' <<NOTE: Applicability.>> shall be $40,400,000: Provided, That
the amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by substituting ``$0'' for ``$4,000,000''.
Sec. 1251. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Housing Service, Rural Community Facilities
Program Account'' <<NOTE: Applicability.>> shall be $41,462,000:
Provided, That the amounts included under such heading in Public Law
111-80 shall be applied to funds appropriated by this division by
substituting ``$5,000,000'' for ``$6,256,000''; and by substituting
``$7,000,000'' for ``$13,902,000''.
Sec. 1252. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural Business
Program Account'' shall be $85,451,000.
Sec. 1253. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural
Development Loan Fund Program Account'' for the principal amount of
direct loans as authorized by Rural Development Loan Fund shall be
$19,181,000; and for the cost of direct loans, $7,400,000.
Sec. 1254. Notwithstanding <<NOTE: Rescission.>> section 1101, in
connection with the ``Rural Development Programs, Rural Business-
Cooperative Service, Rural Economic Development Loans Program Account'',
of the funds derived from interest on the cushion of credit payments, as
authorized by section 313 of the Rural Electrification Act of 1936,
$207,000,000 shall not be obligated and $207,000,000 is rescinded.
Sec. 1255. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural
Cooperative Development Grants'' <<NOTE: Applicability.>> shall be
$30,254,000: Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by this
division by substituting ``$0'' for ``$300,000''; by substituting ``$0''
for ``$2,800,000''; and by substituting ``$18,867,000'' for
``$20,367,000''.
Sec. 1256. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural
Microenterprise Investment Program Account'' shall be $0.
Sec. 1257. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Business-Cooperative Service, Rural Energy
for America Program'' shall be $5,000,000.
Sec. 1258. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Rural Water and Waste
Disposal Program Account'' <<NOTE: Applicability.>> shall be
$529,002,000: Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by this
division by substituting ``$12,000,000'' for ``$17,500,000''.
Sec. 1259. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Rural Electrification and
Telecommunications Loans Program Account'' for the cost of guaranteed
underwriting loans pursuant to section 313A shall be $700,000: Provided,
That, <<NOTE: Certification.>> notwithstanding section 6106(b) of the
Food, Conservation, and Energy Act of 2008, a guaranteed underwriting
loan may not be issued until the Secretary of Agriculture certifies to
the Committees on Appropriations of the House
[[Page 125 STAT. 113]]
and Senate that the regulations governing the program fully implement
the requirements of section 6106(a) of the Food, Conservation, and
Energy Act of 2008.
Sec. 1260. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Rural Electrification and
Telecommunications Loans Program Account'' for administrative expenses
necessary to carry out the direct and guaranteed loan programs shall be
$38,374,000.
Sec. 1261. Notwithstanding section 1101, the level for ``Rural
Development Programs, Rural Utilities Service, Distance Learning,
Telemedicine, and Broadband Program'' for the cost of grants for
telemedicine and distance learning services in rural areas, as
authorized by 7 U.S.C. 950aaa et seq. shall be $32,500,000.
Sec. 1262. Notwithstanding section 1101, the level for ``Rural
Development, Rural Utilities Service, Distance Learning, Telemedicine,
and Broadband Program'' for the cost of broadband loans, as authorized
by section 601 of the Rural Electrification Act shall be $22,320,000. In
addition, $13,406,000, to remain available until expended, for a grant
program to finance broadband transmission in rural areas eligible for
Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
Sec. 1263. Notwithstanding <<NOTE: Applicability.>> the section
1101, the level for ``Domestic Food Programs, Food and Nutrition
Service, Child Nutrition Programs'' in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting ``$0''
for ``$1,000,000'' and by substituting ``$0'' for ``$5,000,000'', and
shall be applied to funds made available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c) by substituting ``$5,277,574,000'' for
``$6,747,877,000'' and by substituting ``$0'' for ``$242,022,000''.
Sec. 1264. Notwithstanding section 1101, the level for ``Domestic
Food Programs, Food and Nutrition Service, Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)''
shall <<NOTE: Applicability.>> be $6,747,522,000: Provided, That the
amounts included under such heading in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$35,000,000'' for ``$60,000,000''.
Sec. 1265. Notwithstanding section 1101, the level for ``Domestic
Food Programs, Food and Nutrition Service, Commodity Assistance
Program'', shall be $246,619,000, of which $176,049,000 shall be for the
Commodity <<NOTE: Applicability.>> Supplemental Food Program: Provided,
That the amounts included under such heading in Public Law 111-80 shall
be applied to funds appropriated by this division by substituting ``$0''
for ``$6,000,000''.
Sec. 1266. Notwithstanding section 1101, the level for ``Foreign
Assistance and Related Programs, Foreign Agricultural Service, Salaries
and Expenses'' shall be $186,000,000.
Sec. 1267. Notwithstanding section 1101, the level for ``Foreign
Assistance and Related Programs, Foreign Agricultural Service, Food for
Peace Title II Grants'' shall be $1,500,000,000.
Sec. 1268. Notwithstanding section 1101, the level for ``Foreign
Assistance and Related Programs, Foreign Agricultural Service, McGovern-
Dole International Food for Education and Child Nutrition Program
Grants'' shall be $199,500,000.
Sec. 1269. Notwithstanding section 1101, the level for ``Related
Agencies and Food and Drug Administration, Food and Drug Administration,
Salaries and Expenses'' shall be $3,655,687,000: Provided, That of the
amount provided under this heading,
[[Page 125 STAT. 114]]
$667,057,000 shall be derived from prescription drug user fees
authorized by section 736 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379h), shall be credited to this account and remain available
until expended, and shall not include any fees pursuant to paragraphs
(2) and (3) of section 736(a) of such Act (21 U.S.C. 379h(a)(2) and
(a)(3)) assessed for fiscal year 2012 but collected in fiscal year 2011;
$61,860,000 shall be derived from medical device user fees authorized by
section 738 of such Act (21 U.S.C. 379j), and shall be credited to this
account and remain available until expended; $19,448,000 shall be
derived from animal drug user fees authorized by section 740 of such Act
(21 U.S.C. 379j-12), and shall be credited to this account and remain
available until expended; $5,397,000 shall be derived from animal
generic drug user fees authorized by section 741 of such Act (21 U.S.C.
379f), and shall be credited to this account and shall remain available
until expended; and $450,000,000 shall be derived from tobacco product
user fees authorized by section 919 of such Act (21 U.S.C. 387s) and
shall be credited to this account and remain available until expended:
Provided further, That in addition and notwithstanding any other
provision under this heading, amounts collected for prescription drug
user fees that exceed the fiscal year 2011 limitation are appropriated
and shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription drug,
medical device, animal drug, animal generic drug, and tobacco product
assessments for fiscal year 2011 received during fiscal year 2011,
including any such fees assessed prior to fiscal year 2011 but credited
for fiscal year 2011, shall be subject to the fiscal year 2011
limitations: Provided further, That none of these funds shall be used to
develop, establish, or operate any program of user fees authorized by 31
U.S.C. 9701: Provided further, That of the total amount appropriated
under this heading: (1) $837,358,000 shall be for the Center for Food
Safety and Applied Nutrition and related field activities in the Office
of Regulatory Affairs; (2) $957,116,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs; (3) $325,647,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $161,730,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $359,781,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $60,664,000 shall be for the
National Center for Toxicological Research; (7) $421,463,000 shall be
for the Center for Tobacco Products and for related field activities in
the Office of Regulatory Affairs; (8) not to exceed $136,239,000 shall
be for Rent and Related activities, of which $41,951,000 is for White
Oak Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $183,048,000 shall be for
payments to the General Services Administration for rent; and (10)
$212,642,000 shall be for other activities, including the Office of the
Commissioner of Food and Drugs; the Office of Foods; the Office of the
Chief Scientist; the Office of Policy, Planning and Budget; the Office
of International Programs; the Office of Administration; and central
services for these offices: Provided further, That none of the funds
made available under this heading shall be used to transfer funds under
section 770(n) of the Federal
[[Page 125 STAT. 115]]
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided further, That
not to exceed $25,000 of the amount provided under this heading shall be
for official reception and representation expenses, not otherwise
provided for, as determined by the Commissioner: Provided further, That
funds may be transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both Houses of
Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, and priority
review user fees authorized by 21 U.S.C. 360n may be credited to this
account, to remain available until expended.
In addition, food and feed recall user fees, food reinspection user
fees, and voluntary qualified importer program user fees authorized by
section 743 of the Federal Food, Drug, and Cosmetic Act, as amended by
Public Law 111-353, may be credited to this account in an amount not to
exceed the amount determined under subsection (b) of such section 743,
to remain available until expended.
Sec. 1270. Notwithstanding section 1101, the level for ``Food and
Drug Administration, Buildings and Facilities'' shall be $10,000,000.
Sec. 1271. Notwithstanding section 1101, the level for ``Related
Agencies and Food and Drug Administration, Independent Agencies, Farm
Credit Administration, Limitation on Administrative Expenses'' shall be
$59,400,000 (from assessments collected from farm credit institutions,
including the Federal Agricultural Mortgage Corporation).
Sec. 1272. Notwithstanding any other provision of this division,
the following set-asides included in Public Law 111-80 for
``Congressionally Designated Projects'' in the following accounts for
the corresponding amounts shall not apply to funds appropriated by this
division:
(1) ``Agricultural Programs, Agricultural Research Service,
Salaries and Expenses'', $44,138,000.
(2) ``Agricultural Programs, National Institute of Food and
Agriculture, Research and Education Activities'', $120,054,000.
(3) ``Agricultural Programs, National Institute of Food and
Agriculture, Extension Activities'', $11,831,000.
(4) ``Agricultural Programs, Animal and Plant Health
Inspection Service, Salaries and Expenses'', $24,410,000.
(5) ``Conservation Programs, Natural Resources Conservation
Service, Conservation Operations'', $37,382,000.
Sec. 1273. Notwithstanding any other provision of this division,
the following provisions included in Public Law 111-80 shall not apply
to funds appropriated by this division:
(1) The first proviso under the heading ``Agricultural
Programs, Agriculture Buildings and Facilities and Rental
Payments''.
(2) The second proviso under the heading ``Departmental
Administration''.
(3) The second proviso under the heading ``Conservation
Programs, Natural Resources Conservation Service, Conservation
Operations''.
(4) The second proviso under the heading ``Rural Development
Programs, Rural Utilities Service, Rural Water and Waste
Disposal Account''.
[[Page 125 STAT. 116]]
(5) The first proviso under the heading ``Domestic Food
Programs, Food and Nutrition Service, Commodity Assistance
Program''.
(6) The first proviso under the heading ``Foreign Assistance
and Related Programs, Foreign Agricultural Service, McGovern-
Dole International Food for Education and Child Nutrition
Program Grants''.
Sec. 1274. Sections <<NOTE: Applicability.>> 718, 723, 727, 728,
and 738 of Public Law 111-80 shall be applied to funds appropriated by
this division by substituting $0 for the dollar amounts included in
those sections.
Sec. 1275. Section <<NOTE: Applicability.>> 741 of Public Law 111-
80 shall be applied to funds appropriated by this division by
substituting ``$2,000,000'' for ``$2,600,000'' and by substituting
``$0'' for ``$3,000,000''.
Sec. 1276. Sections 716, 721(2), 721(3), 724, 725, 726, 729, 735,
743, and 748 of Public Law 111-80 shall not apply for fiscal year 2011.
Sec. 1277. Sections 730, 734, 737, 740, 745, 747, and 749 of Public
Law 111-80 authorized or required certain actions that have been
performed before the date of the enactment of this division and need not
reoccur.
Sec. 1278. Appropriations to the Department of Agriculture made
available in fiscal year 2005 to carry out section 601 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb) for the cost of direct
loans shall remain available until expended to disburse valid
obligations made in fiscal years 2005, 2006, and 2007.
Sec. 1279. In the case of each program established or amended by
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246),
other than by title I or subtitle A of title III of such Act, or
programs for which indefinite amounts were provided in that Act that is
authorized or required to be carried out using funds of the Commodity
Credit Corporation: (1) such funds shall be available for salaries and
related administrative expenses, including technical assistance,
associated with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714i); and (2) the use of such funds for such purpose shall
not be considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 1280. With respect to any loan or loan guarantee program
administered by the Secretary of Agriculture that has a negative credit
subsidy score for fiscal year 2011, the program level for the loan or
loan guarantee program, for the purposes of the Federal Credit Reform
Act of 1990, shall be the program level established pursuant to such Act
for fiscal year 2010.
Sec. 1281. Section 721(1) of Public Law 111-80 (123 Stat. 2122) is
amended by striking ``$1,180,000,000'' and inserting ``$1,238,000,000''.
Sec. 1282. Section 742 of Public Law 111-80 (123 Stat. 2128) is
amended by striking ``$11,000,000'' and inserting ``$15,000,000''.
Sec. 1283. The <<NOTE: Applicability.>> following provisions of
Public Law 111-80 shall be applied to funds appropriated by this
division by substituting ``2010'', ``2011'', and ``2012'' for ``2009'',
``2010'', and ``2011'', respectively, in each instance that such terms
appear:
[[Page 125 STAT. 117]]
(1) The second paragraph under the heading ``Agricultural
Programs, Animal and Plant Health Inspection Service, Salaries
and Expenses''.
(2) The second proviso under the heading ``Agricultural
Programs, Food Safety and Inspection Service''.
(3) The first proviso in the second paragraph under the
heading ``Rural Development Programs, Rural Housing Service,
Rural Housing Insurance Fund Program Account''.
(4) The fifth proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rental Assistance Program''.
(5) The proviso under the heading ``Rural Development
Programs, Rural Housing Service, Mutual and Self-Help Housing
Grants''.
(6) The first proviso under the heading ``Rural Development
Programs, Rural Housing Service, Rural Housing Assistance
Grants''.
(7) The seventh proviso under the heading ``Rural
Development Programs, Rural Housing Service, Rural Community
Facilities Program Account''.
(8) The third proviso under the heading ``Rural Development
Programs, Rural Business--Cooperative Service, Rural Business
Program Account''.
(9) The four availability of funds clauses under the heading
``Rural Development Programs, Rural Business--Cooperative
Service, Rural Development Loan Fund Program Account''.
(10) The fifth proviso under the heading ``Rural Development
Programs, Rural Utilities Service, Rural Water and Waste
Disposal Program Account''.
(11) Sections 713, 717, and 732.
(12) The paragraph under the heading ``Food and Nutrition
Service, Child Nutrition Programs''.
(13) The third proviso under the heading ``Food and
Nutrition Service, Commodity Assistance Program''.
Sec. 1284. None of the funds appropriated or otherwise made
available by this division or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the Wetlands Reserve
Program authorized by sections 1237-1237F of the Food Security Act of
1985 (16 U.S.C. 3837-3837f) to enroll in excess of 202,218 acres in
fiscal year 2011.
Sec. 1285. None of the funds appropriated or otherwise made
available by this division or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the Conservation
Stewardship Program authorized by sections 1238D-1238G of the Food
Security Act of 1985 (16 U.S.C. 3838d-3838g) in excess of $649,000,000.
Sec. 1286. None of the funds appropriated or otherwise made
available by this division or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the program authorized
by section 14 of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1012).
Sec. 1287. None of the funds appropriated or otherwise made
available by this Act or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under subsection
(b)(2)(A)(iii) of section 14222 of Public Law 110-246 in excess of
$1,098,000,000: Provided, That none of the funds made available in this
Act or any other Act shall be used for salaries and expenses to carry
out section 19(i)(1)(D) of the Richard B.
[[Page 125 STAT. 118]]
Russell National School Lunch Act as amended by section 4304 of Public
Law 110-246 in excess of $33,000,000, including the transfer of funds
under subsection (c) of section 14222 of Public Law 110-246, until
October 1, 2011: Provided further, That $117,000,000 made available on
October 1, 2011, to carry out section 19(i)(1)(D) of the Richard B.
Russell National School Lunch Act as amended by section 4304 of Public
Law 110-246 shall be excluded from the limitation described in
subsection (b)(2)(A)(iv) of section 14222 of Public Law 110-246.
Sec. 1288. None of the funds appropriated or made available by this
division or any other Act shall be used to pay the salaries and expenses
of personnel to carry out the Biomass Crop Assistance Program authorized
by section 9011 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8111) in excess of $112,000,000.
Sec. 1289. Of <<NOTE: Rescisson.>> the unobligated balances
available for ``Agricultural Programs, Agricultural Research Service,
Buildings and Facilities'', $229,582,000 is rescinded.
Sec. 1290. Of <<NOTE: Rescisson.>> the unobligated balances
available for the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act of 1936, $39,000,000 is rescinded.
Sec. 1291. None of the funds made available by this Act may be used
to pay the salaries and expenses of personnel of the Department of
Agriculture to provide nonrecourse marketing assistance loans for mohair
under section 1201 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8731).
Sec. 1292. The <<NOTE: Rescissons.>> unobligated balances available
for the Outreach for Socially Disadvantaged Farmers account, as
identified by Treasury Appropriation Fund Symbol 12X0601, are rescinded;
for the Rural Community Advancement Program, as identified by Treasury
Appropriation Fund Symbol 12X0400, are rescinded; for the Payments to
States program, as identified by Treasury Appropriation Fund symbol
12X2501, are rescinded; for the Common Computing Environment account, as
identified by Treasury Appropriation Fund Symbol 12X0113, $3,111,000 are
rescinded; for Agriculture Buildings and Facilities and Rental Payments,
as identified by Treasury Appropriation Fund Symbol 12X0117, $45,000,000
are rescinded; and for the Animal and Plant Health Inspection Service--
Buildings and Facilities account, as identified by Treasury
Appropriation Fund Symbol 12X1601, $629,000 are rescinded. In addition,
from prior year unobligated balances of Animal and Plant Health
Inspection Service--Salaries and Expenses account $10,887,000 are
rescinded as follows: Sudden Oak Death, $295,000; Sirex Woodwasp,
$408,000; Avian Influenza, $8,000,000; Information Technology
Infrastructure, $86,000; Screwworm, $1,000,000; HUB Relocation, $98,000;
and Contingency Funds, $1,000,000.
Sec. 1293. Of <<NOTE: Rescisson.>> the unobligated balances
available for Cooperative State Research, Education, and Extension
Service, Buildings and Facilities, $1,037,000 are rescinded.
Sec. 1294. The <<NOTE: Rescissons.>> 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
[[Page 125 STAT. 119]]
Security Act of 1985 (16 U.S.C. 3837), as identified by Treasury
Appropriation Fund Symbol 12X1080, are rescinded.
Sec. 1295. Of <<NOTE: Rescisson.>> the unobligated balances
available for the broadband grant program for rural areas eligible for
Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa, $25,000,000 are rescinded.
Sec. 1296. Of <<NOTE: Cancellation.>> the unobligated balances
available for the Export Credit Guarantee Program under section 101 of
the Agricultural Trade Act of 1978 (Public Law 95-501), $331,000,000 are
hereby permanently canceled.
Sec. 1297. None of the funds appropriated by this Act or any other
Act may be used to carry out section 508(d)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)(3)) to provide a performance-based
premium discount in the crop insurance program.
Sec. 1298. Section <<NOTE: Applicability.>> 739 of Public Law 111-
80 shall be applied to funds appropriated by this division by
substituting ``$640,000'' for ``$800,000''.
TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Sec. 1301. Notwithstanding section 1101, the level for ``Department
of Commerce, International Trade Administration, Operations and
Administration'' shall be $450,989,000.
Sec. 1302. Notwithstanding section 1101, the level for ``Department
of Commerce, Economic Development Administration, Economic Development
Assistance Programs'' shall be $246,000,000.
Sec. 1303. Notwithstanding section 1101, the level for ``Department
of Commerce, Minority Business Development Agency, Minority Business
Development'' shall be $30,400,000.
Sec. 1304. Notwithstanding section 1101, the level for ``Department
of Commerce, National Telecommunications and Information Administration,
Salaries and Expenses'' shall be $40,649,000.
Sec. 1305. Notwithstanding section 1101, the level for ``Department
of Commerce, National Institute of Standards and Technology, Scientific
and Technical Research and Services'' shall be $508,000,000.
Sec. 1306. Notwithstanding section 1101, the level for ``Department
of Commerce, National Institute of Standards and Technology, Industrial
Technology Services'' shall be $173,600,000.
Sec. 1307. Notwithstanding section 1101, the level for ``Department
of Justice, General Administration, National Drug Intelligence Center''
shall be $34,023,000.
Sec. 1308. Notwithstanding section 1101, the level for ``Department
of Justice, General Administration, Justice Information Sharing
Technology'' shall be $60,285,000.
Sec. 1309. Notwithstanding section 1101, the level for ``Department
of Justice, General Administration, Tactical Law Enforcement Wireless
Communications'' shall be $100,000,000.
Sec. 1310. Notwithstanding section 1101, the level for ``Department
of Justice, General Administration, Detention Trustee'' shall be
$1,518,663,000.
Sec. 1311. Notwithstanding section 1101, the level for ``Department
of Justice, Legal Activities, Salaries and Expenses, General Legal
Activities'' shall be $865,097,000.
[[Page 125 STAT. 120]]
Sec. 1312. Notwithstanding section 1101, the level for ``Department
of Justice, United States Marshals Service, Construction'' shall be
$16,625,000.
Sec. 1313. Notwithstanding section 1101, the level for ``Department
of Justice, Federal Bureau of Investigation, Salaries and Expenses''
shall be $7,834,622,000.
Sec. 1314. Notwithstanding section 1101, the level for ``Department
of Justice, Federal Bureau of Investigation, Construction'' shall be
$107,310,000.
Sec. 1315. Notwithstanding section 1101, the level for ``Department
of Justice, Federal Prison System, Salaries and Expenses'' shall be
$6,295,000,000.
Sec. 1316. Notwithstanding section 1101, the level for ``Office of
Science and Technology Policy'' shall be $6,660,000.
Sec. 1317. Notwithstanding section 1101, the level for ``National
Science Foundation, Research and Related Activities'' shall be
$5,575,025,000.
Sec. 1318. Notwithstanding section 1101, the level for ``National
Science Foundation, Education and Human Resources'' shall be
$862,760,000.
Sec. 1319. Notwithstanding section 1101, the level for ``Department
of Commerce, Bureau of the Census, Periodic Censuses and Programs''
shall be $893,000,000.
Sec. 1320. Notwithstanding section 1101, the level for each of the
following accounts shall be $0: ``Department of Commerce, National
Telecommunications and Information Administration, Public
Telecommunications Facilities, Planning and Construction''; ``Department
of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Construction''; and ``Department of Justice, Office of Justice Programs,
Weed and Seed Program Fund''.
Sec. 1321. Notwithstanding any other provision of this division,
the following set-asides included in division B of Public Law 111-117
for projects specified in the explanatory statement accompanying that
Act in the following accounts for the corresponding amounts shall not
apply to funds appropriated by this division: (1) ``Department of
Commerce, International Trade Administration, Operations and
Administration'', $5,215,000; (2) ``Department of Commerce, Minority
Business Development Agency, Minority Business Development'',
$1,100,000; (3) ``Department of Commerce, National Institute of
Standards and Technology, Scientific and Technical Research and
Services'', $10,500,000; (4) ``Department of Commerce, National
Institute of Standards and Technology, Construction of Research
Facilities'', $47,000,000; (5) ``Department of Commerce, National
Oceanic and Atmospheric Administration, Operations, Research, and
Facilities'', $99,295,000; (6) ``Department of Commerce, National
Oceanic and Atmospheric Administration, Procurement, Acquisition and
Construction'', $18,000,000; (7) ``Department of Justice, Office of
Justice Programs, State and Local Law Enforcement Assistance'',
$185,268,000; (8) ``Department of Justice, Office of Justice Programs,
Juvenile Justice Programs'', $91,095,000; (9) ``Department of Justice,
Community Oriented Policing Services'', $25,385,000; (10) ``Department
of Justice, Community Oriented Policing Services'', $168,723,000; and
(11) ``National Aeronautics and Space Administration, Cross Agency
Support'', $63,000,000.
Sec. 1322. The <<NOTE: Spending plan. Deadline.>> Departments of
Commerce and Justice, the National Aeronautics and Space Administration,
and the National
[[Page 125 STAT. 121]]
Science Foundation are directed to submit spending plans, signed by the
respective department or agency head, to the House and Senate Committees
on Appropriations within 60 days of enactment of this division.
Sec. 1323. Notwithstanding any other provision of this division,
the set-aside included in division B of Public Law 111-117 under the
heading ``Department of Commerce, United States Patent and Trademark
Office, Salaries and Expenses'' for policy studies related to activities
of United Nations Specialized Agencies related to international
protection of intellectual property rights shall not apply to funds
appropriated by this division.
Sec. 1324. Of the amount provided by section 1306 for ``National
Institute of Standards and Technology, Industrial Technology Services'',
$44,900,000 shall be for the Technology Innovation Program, and
$128,700,000 shall be for the Manufacturing Extension Partnership
Program.
Sec. 1325. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Institute of Standards and
Technology, Construction of Research Facilities'' shall be $70,000,000.
(b) The set-asides included in division B of Public Law 111-117
under the heading ``Department of Commerce, National Institute of
Standards and Technology, Construction of Research Facilities'' for a
competitive construction grant program for research science buildings
and for projects specified in the explanatory statement accompanying
that Act shall not apply to funds appropriated by this division.
Sec. 1326. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'' shall be
$3,185,883,000.
(b) The set-aside included in division B of Public Law 111-117 under
the heading ``Department of Commerce, National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'' for projects
specified in the explanatory statement accompanying that Act shall not
apply to funds appropriated by this division.
Sec. 1327. (a) Notwithstanding section 1101, the level for
``Department of Commerce, National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction'' shall be
$1,335,353,000.
(b) The set-aside included in division B of Public Law 111-117 under
the heading ``Department of Commerce, National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction'' for projects
specified in the explanatory statement accompanying that Act shall not
apply to funds appropriated by this division.
Sec. 1328. Notwithstanding section 1101, the level for ``Department
of Commerce, Departmental Management, Herbert C. Hoover Building
Renovation and Modernization'' shall be $15,000,000.
Sec. 1329. Notwithstanding section 1101, the level for ``Department
of Commerce, United States Patent and Trademark Office, Salaries and
Expenses'' shall be $2,090,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general fund shall
be reduced as offsetting collections assessed and collected pursuant to
15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during fiscal year
2011, so as to result in a
[[Page 125 STAT. 122]]
fiscal year 2011 appropriation from the general fund estimated at $0:
Provided further, That during fiscal year 2011, should the total amount
of offsetting fee collections be less than $2,090,000,000, this amount
shall be reduced accordingly.
Sec. 1330. Notwithstanding section 1101, the level for ``Department
of Justice, State and Local Law Enforcement Activities, Salaries and
Expenses'' shall be $187,000,000.
Sec. 1331. (a) Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, State and Local Law
Enforcement Assistance'' shall be $1,120,085,000.
(b) Notwithstanding section 1101, the level for ``Department of
Justice, Office of Justice Programs, Juvenile Justice Programs'' shall
be $275,975,000.
(c)(1) Notwithstanding section 1101, the level for ``Department of
Justice, Community Oriented Policing Services'' shall be $495,925,000.
(2) Amounts <<NOTE: Applicability.>> included under the heading
``Department of Justice, Community Oriented Policing Services'' in
division B of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``$15,000,000'' for ``$40,385,000'' and
``$1,500,000'' for ``$170,223,000''.
(d) Except as otherwise provided in section 1321, each set-aside
included in an account, the level of which is established by subsection
(a), (b), or (c) of this section, shall be reduced proportionately to
reflect the level provided in the respective subsection for each
account.
Sec. 1332. Notwithstanding any other provision of law, section
20109(a), in subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not apply to amounts
made available by this division.
Sec. 1333. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Exploration'' shall be
$3,808,300,000.
(b) Notwithstanding sections 1104 and 1105, the provisos under the
heading ``National Aeronautics and Space Administration, Exploration''
in division B of Public Law 111-117, as amended, shall not apply to
funds appropriated by this division.
(c) Of the amounts appropriated by this division for ``National
Aeronautics and Space Administration, Exploration'', not less than
$1,200,000,000 shall be for the multipurpose crew vehicle to continue
existing vehicle development activities to meet the requirements
described in paragraph (a)(1) of section 303 of Public Law 111-267, and
not less than $1,800,000,000 shall be for the heavy lift launch vehicle
system which shall have a lift capability not less than 130 tons and
which shall have an upper stage and other core elements developed
simultaneously.
Sec. 1334. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Space Operations''
shall be $5,508,500,000.
(b) The proviso specifying amounts under the heading ``National
Aeronautics and Space Administration, Space Operations'' in division B
of Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1335. Notwithstanding section 1101, the level for ``National
Aeronautics and Space Administration, Science'' shall be $4,945,300,000.
[[Page 125 STAT. 123]]
Sec. 1336. Notwithstanding section 1101, the level for ``National
Aeronautics and Space Administration, Aeronautics'' shall be
$535,000,000.
Sec. 1337. Notwithstanding section 1101, the level for ``National
Aeronautics and Space Administration, Education'' shall be $145,800,000.
Sec. 1338. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Cross Agency Support''
shall be $3,111,400,000.
(b) The provisos specifying amounts under the heading ``National
Aeronautics and Space Administration, Cross Agency Support'' in division
B of Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1339. (a) Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration, Construction and
Environmental Compliance and Remediation'' shall be $394,300,000.
(b) This level shall not include amounts made available by section
1101 from lease proceeds under such account.
(c) The first proviso under the heading ``National Aeronautics and
Space Administration, Construction and Environmental Compliance and
Remediation'' in division B of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1340. (a) None of the funds made available by this division may
be used for the National Aeronautics and Space Administration or the
Office of Science and Technology Policy to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate
bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after the
date of enactment of this division.
(b) The <<NOTE: Applicability.>> limitation in subsection (a) shall
also apply to any funds used to effectuate the hosting of official
Chinese visitors at facilities belonging to or utilized by the National
Aeronautics and Space Administration.
Sec. 1341. Notwithstanding section 1101, amounts are provided for
``Legal Services Corporation, Payment to the Legal Services
Corporation'' in division B of Public Law 111-117 in the manner
authorized in Public Law 111-117 for fiscal year 2010, except that for
fiscal year 2011 the amounts specified in division B of Public Law 111-
117 shall be modified by substituting--
(1) ``$405,000,000'' for ``$420,000,000''; and
(2) ``$379,400,000'' for ``$394,400,000''.
Sec. 1342. Section 505(a)(1) of division B of Public Law 111-
117 <<NOTE: 123 Stat. 3149. Notification. Deadline.>> is amended by
inserting ``, unless the House and Senate Committees on Appropriations
are notified 15 days in advance of such reprogramming of funds'' before
the semicolon.
Sec. 1343. Of <<NOTE: Rescission. Deadline.>> the unobligated
balances available to the Department of Justice from prior
appropriations, the following funds are rescinded, not later than
September 30, 2011, from the following accounts in the specified
amounts: (1) ``Office of Justice Programs'', $42,000,000; (2)
``Community Oriented Policing Services'', $10,200,000; and (3) ``Legal
Activities, Assets Forfeiture Fund'', $495,000,000.
Sec. 1344. Of <<NOTE: Rescission.>> the unobligated balances
available to the Department of Justice for the ``Working Capital Fund'',
$26,000,000 is hereby permanently rescinded.
[[Page 125 STAT. 124]]
Sec. 1345. Of <<NOTE: Rescission.>> the unobligated balances
available to the Bureau of the Census for the Census Working Capital
Fund, $50,000,000 is hereby permanently rescinded.
Sec. 1346. Of <<NOTE: Rescission.>> the unobligated balances
available to the National Telecommunications and Information
Administration for reimbursable spectrum management activities,
$4,800,000 is hereby rescinded.
Sec. 1347. Notwithstanding <<NOTE: 40 USC 40101 note.>> any other
provision of law, in fiscal year 2012 and thereafter payments for costs
described in subsection (a) of section 404 of Public Law 107-42, as
amended, shall be considered to be, and included in, payments for
compensation for the purposes of sections 406(b) and (d)(1) of such Act.
Sec. 1348. None of the funds made available by this division may be
used to implement, establish, or create a NOAA Climate Service as
described in the ``Draft NOAA Climate Service Strategic Vision and
Framework'' published at 75 Federal Register 57739 (September 22, 2010)
and updated on <<NOTE: Expiration date.>> December 20, 2010: Provided,
That this limitation shall expire on September 30, 2011.
Sec. 1349. None of the funds made available by this division may be
used to approve a new limited access privilege program (as that term is
used in section 303A of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853a)) for any fishery under the jurisdiction
of the South Atlantic, Mid-Atlantic, New England, or Gulf of Mexico
Fishery Management Councils in fiscal year 2011: Provided, That nothing
in this section shall prevent development activities related to limited
access privilege programs.
TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
Sec. 1401. All of the provisos under the heading ``Corps of
Engineers--Civil, Department of the Army, Construction'' in the Energy
and Water Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1402. The proviso under the heading ``Corps of Engineers--
Civil, Department of the Army, Mississippi River and Tributaries'' in
the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (Public Law 111-85) shall not apply to funds appropriated by
this division.
Sec. 1403. The fifth proviso (regarding the San Gabriel Basin
Restoration Fund), seventh proviso (regarding the Milk River Project)
and eighth proviso (regarding the Departmental Irrigation Drainage
program) under the heading ``Department of the Interior, Bureau of
Reclamation, Water and Related Resources'' in the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this division.
Sec. 1404. All of the provisos under the heading ``Department of
Energy, Energy Programs, Energy Efficiency and Renewable Energy'' in
title III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1405. All of the provisos under the heading ``Department of
Energy, Energy Programs, Electricity Delivery and Energy Reliability''
in title III of the Energy and Water Development and
[[Page 125 STAT. 125]]
Related Agencies Appropriations Act, 2010 (Public Law 111-85) shall not
apply to funds appropriated by this division.
Sec. 1406. The proviso under the heading ``Department of Energy,
Energy Programs, Nuclear Energy'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this division.
Sec. 1407. All of the provisos under the heading ``Department of
Energy, Energy Programs, Fossil Energy Research and Development'' in
title III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85) shall not apply to funds
appropriated by this division.
Sec. 1408. All of the provisos under the heading ``Department of
Energy, Energy Programs, Science'' in title III of the Energy and Water
Development and Related Agencies Appropriations Act, 2010 (Public Law
111-85) shall not apply to funds appropriated by this division.
Sec. 1409. The thirteenth proviso (regarding Commission funding)
under the heading ``Department of Energy, Energy Programs, Nuclear Waste
Disposal'' in title III of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85) shall not apply to
funds appropriated by this division.
Sec. 1410. All of the provisos under the heading ``Department of
Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Weapons Activities'' in title III of the Energy and
Water Development and Related Agencies Appropriations Act, 2010 (Public
Law 111-85) shall not apply to funds appropriated by this division.
Sec. 1411. The proviso under the heading ``Department of Energy,
Atomic Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' in title III of the
Energy and Water Development and Related Agencies Appropriations Act,
2010 (Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1412. All of the provisos under the heading ``Department of
Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Office of the Administrator'' in title III of the Energy
and Water Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1413. The proviso under the heading ``Department of Energy,
Atomic Energy Defense Activities, Environmental and Other Defense
Activities, Defense Environmental Cleanup'' in title III of the Energy
and Water Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated by this
division.
Sec. 1414. The proviso under the heading ``Department of Energy,
Atomic Energy Defense Activities, Environmental and Other Defense
Activities, Other Defense Activities'' in title III of the Energy and
Water Development and Related Agencies Appropriations Act, 2010 (Public
Law 111-85) shall not apply to funds appropriated by this division.
Sec. 1415. The fifth proviso under the heading ``Department of
Energy, Power Marketing Administrations, Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'' in title
III of the Energy and Water Development
[[Page 125 STAT. 126]]
and Related Agencies Appropriations Act, 2010 (Public Law 111-85) shall
not apply to funds appropriated by this division.
Sec. 1416. Sections 105, 106, 107, 110 through 125, 205 through
211, 502, and 506 of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85), to the extent the
sections direct funds, shall not apply to funds appropriated by this
division.
Sec. 1417. In addition to amounts otherwise made available by this
division, $180,000,000 is appropriated for ``Department of Energy,
Energy Programs, Advanced Research Projects Agency--Energy''.
Sec. 1418. No <<NOTE: Approval.>> appropriation, funds, or
authority made available pursuant to section 1101 for the Department of
Energy or Corps of Engineers, Civil shall be used to initiate or resume
any program, project or activity or to initiate Requests For Proposals
or similar arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a program,
project or activity if the program, project or activity has not been
funded by Congress, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 1419. Notwithstanding section 1101, the level for
``Independent Agencies, Appalachian Regional Commission'' shall be
$68,400,000.
Sec. 1420. Notwithstanding section 1101, the level for
``Independent Agencies, Delta Regional Authority'' shall be $11,700,000.
Sec. 1421. Notwithstanding section 1101, the level for
``Independent Agencies, Denali Commission'' shall be $10,700,000.
Sec. 1422. Notwithstanding section 1101, the level for ``Defense
Nuclear Facilities Safety Board'' shall be $23,250,000.
Sec. 1423. Notwithstanding section 1101, for the ``Nuclear
Regulatory Commission, Salaries and Expenses'', for necessary expenses
in carrying out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amended, including
official representation expenses (not to exceed $25,000),
$1,043,483,000, to remain available until expended: Provided, That of
the amount appropriated herein, $10,000,000 shall be derived from the
Nuclear Waste Fund: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$906,220,000 in fiscal year 2011 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2011 so as to result in a final
fiscal year 2011 appropriation estimated at not more than $137,263,000:
Provided further, That the last proviso under such heading in title IV
of Public Law 111-85 shall not apply to funds appropriated by this
division.
Sec. 1424. Section 15751(b) of title 40, United States Code, shall
not apply to funds appropriated by this division.
Sec. 1425. Notwithstanding <<NOTE: Loans.>> section 1101, and
subject to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans for renewable energy or efficient end-use
energy technologies under title XVII of the Energy Policy Act of 2005
shall not exceed a total principal amount of $1,183,000,000, to remain
available until committed: Provided, That, in addition to
[[Page 125 STAT. 127]]
the amounts above, for the cost of loan guarantees for renewable energy
or efficient end-use energy technologies under section 1703 of the
Energy Policy Act of 2005, $170,000,000 is appropriated, to remain
available until expended: Provided further, That the amounts provided in
this section are in addition to those provided in any other Act:
Provided further, That, notwithstanding section 1703(a)(2) of the Energy
Policy Act of 2005, funds appropriated for the cost of loan guarantees
and loan guarantee authority provided by this section are also available
for projects for which an application has been submitted to the
Department of Energy prior to February 24, 2011, in whole or in part,
for a loan guarantee under section 1705 of the Energy
Policy <<NOTE: Rescission.>> Act of 2005: Provided further, That of the
authority provided for commitments to guarantee loans for renewable and/
or energy efficient systems and manufacturing, and distributed energy
generation, transmission and distribution projects under the heading
``Department of Energy, Title 17 Innovative Technology Loan Guarantee
Authority Loan Program'', in title III of division C of Public Law 111-
8, $18,183,000,000 is rescinded: Provided further, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy Act of
2005, the source of such payment received from borrowers may not be a
loan or other debt obligation that is guaranteed by the Federal
Government: Provided further, That none of such loan guarantee authority
made available by this division shall be available for commitments to
guarantee loans for any projects where funds, personnel, or property
(tangible or intangible) of any Federal agency, instrumentality,
personnel, or affiliated entity are expected be used (directly or
indirectly) through acquisitions, contracts, demonstrations, exchanges,
grants, incentives, leases, procurements, sales, other transaction
authority, or other arrangements, to support the project or to obtain
goods or services from the project: Provided further, That the previous
proviso shall not be interpreted as precluding the use of the loan
guarantee authority by this division for commitments to guarantee loans
for: (1) projects as a result of such projects benefitting from
otherwise allowable Federal income tax benefits; (2) projects as a
result of such projects benefitting from being located on Federal land
pursuant to a lease or right-of-way agreement for which all
consideration for all uses is: (A) paid exclusively in cash; (B)
deposited in the Treasury as offsetting receipts; and (C) equal to the
fair market value as determined by the head of the relevant Federal
agency; (3) projects as a result of such projects benefitting from
Federal insurance programs, including under section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210; commonly known as the ``Price-
Anderson Act''); or (4) electric generation projects using transmission
facilities owned or operated by a Federal Power Marketing Administration
or the Tennessee Valley Authority that have been authorized, approved,
and financed independent of the project receiving the guarantee:
Provided further, That none of the loan guarantee authority made
available by this division shall be available for any project unless the
Director of the Office of Management and Budget has certified in advance
in writing that the loan guarantee and the project comply with the
provisions under this section: Provided further, That an additional
amount for necessary administrative expenses to carry out this Loan
Guarantee program, $58,000,000 is appropriated, to remain available
until expended: Provided further, That $58,000,000 of the fees collected
pursuant to section 1702(h) of the Energy
[[Page 125 STAT. 128]]
Policy Act of 2005 shall be credited as offsetting collections to this
account to cover administrative expenses and shall remain available
until expended, so as to result in a final fiscal year 2011
appropriation from the general fund estimated at not more than $0.
Sec. 1426. Of the unobligated balances available for ``Corps of
Engineers--Civil, Department of the Army, Mississippi River and
Tributaries'', $22,000,000 is rescinded, to be derived by cancelling
unobligated balances for the Yazoo Basin, Backwater Pump, Mississippi
project.
Sec. 1427. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Investigations'' shall be
$127,000,000.
Sec. 1428. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Construction'' shall be
$1,793,409,000.
Sec. 1429. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Mississippi River and
Tributaries'' shall be $264,435,000.
Sec. 1430. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Operation and Maintenance''
shall be $2,370,500,000.
Sec. 1431. Notwithstanding section 1101, the level for ``Corps of
Engineers--Civil, Department of the Army, Formerly Utilized Sites
Remedial Action Program'' shall be $130,000,000.
Sec. 1432. Notwithstanding section 1101, the level for ``Department
of the Interior, Central Utah Project, Central Utah Project Completion
Account'' shall be $32,004,000.
Sec. 1433. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Reclamation, Water and Related Resources''
shall be $913,500,000.
Sec. 1434. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Reclamation, Central Valley Project
Restoration Fund'' shall be $49,915,000.
Sec. 1435. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Energy Efficiency and Renewable Energy''
shall be $1,835,000,000.
Sec. 1436. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Electricity Delivery and Energy
Reliability'' shall be $145,000,000.
Sec. 1437. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Nuclear Energy'' shall be $737,092,000.
Sec. 1438. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Fossil Energy Research and Development''
shall be $586,000,000.
Sec. 1439. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Naval Petroleum and Oil Shale Reserves''
shall be $23,000,000.
Sec. 1440. Notwithstanding <<NOTE: Rescissions.>> section 1101,
the level for ``Department of Energy, Energy Programs, Strategic
Petroleum Reserve'' shall be $209,861,000: Provided, That of the funds
appropriated in Public Law 110-161 under this heading for new site land
acquisition activities, $14,493,000 is rescinded: Provided further, That
of the funds appropriated in Public Law 110-329 under this heading for
new site expansion activities, beyond land acquisition,
[[Page 125 STAT. 129]]
$31,507,000 is rescinded: Provided further, That of the funds
appropriated in Public Law 111-85 under this heading, $25,000,000 is
rescinded.
Sec. 1441. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Northeast Home Heating Oil Reserve'' shall
be $11,000,000.
Sec. 1442. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Energy Information Administration'' shall be
$95,600,000.
Sec. 1443. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Non-Defense Environmental Cleanup'' shall be
$225,200,000.
Sec. 1444. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Uranium Enrichment Decontamination and
Decommissioning Fund'' shall be $509,000,000.
Sec. 1445. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Science'' shall be $4,884,000,000.
Sec. 1446. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Nuclear Waste Disposal'' shall be $0.
Sec. 1447. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Departmental Administration'' shall be
$268,640,000: Provided, That miscellaneous revenues under this
appropriation may be $119,740,000 so as to result in a final fiscal year
2011 appropriation from the general fund estimated at no more than
$148,900,000.
Sec. 1448. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Advanced Technology Vehicles Manufacturing
Loan Program'' shall be $9,998,000.
Sec. 1449. Notwithstanding section 1101, the level for ``Department
of Energy, Energy Programs, Office of the Inspector General'' shall be
$42,850,000.
Sec. 1450. Notwithstanding section 1101, the level for ``Department
of Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Weapons Activities'' shall be $6,993,419,000.
Sec. 1451. Notwithstanding section 1101, the level for ``Department
of Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' shall be
$2,326,000,000.
Sec. 1452. Notwithstanding section 1101, the level for ``Department
of Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Naval Reactors'' shall be $967,000,000.
Sec. 1453. Notwithstanding section 1101, the level for ``Department
of Energy, Atomic Energy Defense Activities, National Nuclear Security
Administration, Office of the Administrator'' shall be $399,793,000.
Sec. 1454. Notwithstanding section 1101, the level for ``Department
of Energy, Environmental and Other Defense Activities, Defense
Environmental Cleanup'' shall be $5,016,041,000, of which $33,700,000
shall be transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
Sec. 1455. Notwithstanding section 1101, the level for ``Department
of Energy, Environmental and Other Defense Activities, Other Defense
Activities'' shall be $790,000,000.
[[Page 125 STAT. 130]]
Sec. 1456. Notwithstanding section 1101, the level for ``Department
of Energy, Environmental and Other Defense Activities, Defense Nuclear
Waste Disposal'' shall be $0.
Sec. 1457. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Corps of Engineers--Civil,
Department of the Army, Construction'', $100,000,000 is rescinded, to be
derived from the Continuing Authorities Program: Provided, That of the
unobligated balances made available for accounts under the heading
``Corps of Engineers--Civil, Department of the Army'' in Public Law 110-
161 or any appropriation Act prior to such Act, $76,000,000 is rescinded
(in addition to funds rescinded in the previous proviso).
Sec. 1458. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Energy Efficiency and Renewable Energy'', $30,000,000 is
rescinded.
Sec. 1459. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Electricity Delivery and Energy Reliability'', $3,700,000 is
rescinded.
Sec. 1460. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Nuclear Energy'', $6,300,000 is rescinded.
Sec. 1461. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Fossil Energy Research and Development'', $140,000,000 is
rescinded.
Sec. 1462. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Naval Petroleum and Oil Shale Reserves'', $2,100,000 is
rescinded.
Sec. 1463. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Clean Coal Technology'', $16,500,000 is rescinded.
Sec. 1464. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Strategic Petroleum Reserve'', $15,300,000 is rescinded in
addition to funds rescinded elsewhere in this division.
Sec. 1465. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Energy Information Administration'', $400,000 is rescinded.
Sec. 1466. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Non-Defense Environmental Cleanup'', $900,000 is rescinded.
Sec. 1467. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Uranium Enrichment Decontamination and Decommissioning Fund'',
$9,900,000 is rescinded.
Sec. 1468. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Science'', $15,000,000 is rescinded.
Sec. 1469. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Nuclear Waste Disposal'', $2,800,000 is rescinded.
Sec. 1470. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Energy
Programs, Departmental Administration'', $81,900,000 is rescinded.
Sec. 1471. Of <<NOTE: Rescissions.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Atomic
Energy
[[Page 125 STAT. 131]]
Defense Activities, National Nuclear Security Administration, Weapons
Activities'', $50,000,000 is rescinded.
Sec. 1472. Of <<NOTE: Rescission.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security Administration,
Defense Nuclear Nonproliferation'', $45,000,000 is rescinded.
Sec. 1473. Of <<NOTE: Rescission.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security Administration,
Naval Reactors'', $1,000,000 is rescinded.
Sec. 1474. Of <<NOTE: Rescission.>> the unobligated balances from
prior year appropriations available for ``Department of Energy, Atomic
Energy Defense Activities, National Nuclear Security Administration,
Office of the Administrator'', $5,700,000 is rescinded.
Sec. 1475. Of <<NOTE: Rescission.>> the unobligated balances from
prior year appropriations available for ``Department of Energy,
Environmental and Other Defense Activities, Defense Environmental
Cleanup'', $11,900,000 is rescinded.
Sec. 1476. Of the unobligated balances from prior year
appropriations available for ``Department of Energy, Environmental and
Other Defense Activities, Other Defense Activities'', $3,400,000 is
rescinded.
Sec. 1477. Of <<NOTE: Rescission.>> the unobligated balances from
prior year appropriations available for ``Independent Agencies, Denali
Commission'', $15,000,000 is rescinded.
Sec. 1478. Within <<NOTE: Deadline. Plans.>> 30 days of enactment
of this division, the Department of Energy; Corps of Engineers, Civil;
Nuclear Regulatory Commission; and Bureau of Reclamation shall submit to
the Committees on Appropriations of the House of Representatives and the
Senate a spending, expenditure, or operating plan for fiscal year 2011
at a level of detail below the account level.
Sec. 1479. No rescission made in this title shall apply to any
amount previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 1480. None of the funds made available by this division or
prior appropriation Acts (other than Public Law 111-5) for Energy and
Water Development may be used to pay the costs of employment (such as
pay and benefits), or termination (such as severance pay), of any
employee or contractor of the Department of Energy who is appointed,
employed, or retained under the authority of, or using funds provided
by, Public Law 111-5, or whose functions or operations (including
programmatic responsibilities) are substantially or entirely funded
under Public Law 111-5: Provided, That this section shall not apply to
any employee or contractor of the Department of Energy whose functions
or operations are primarily or wholly to provide oversight for funds
provided by Public Law 111-5.
Sec. 1481. None of the funds made available by this division may be
used for the study of the Missouri River Projects authorized in section
108 of the Energy and Water Development and Related Agencies
Appropriations Act, 2009 (division C of Public Law 111-8).
Sec. 1482. Notwithstanding section 1101, the levels made available
by this division for the following accounts of the Department of Energy
are reduced by the following amounts, to reflect savings
[[Page 125 STAT. 132]]
resulting from the contractor pay freeze instituted by the Department:
``Energy Programs, Energy Efficiency and Renewable Energy'', $5,700,000;
``Energy Programs, Nuclear Energy'', $3,500,000; ``Energy Programs,
Fossil Energy Research and Development'', $300,000; ``Energy Programs,
Non-Defense Environmental Cleanup'', $400,000; ``Energy Programs,
Uranium Enrichment Decontamination and Decommissioning Fund'',
$1,000,000; ``Energy Programs, Science'', $16,600,000; ``Energy
Programs, Departmental Administration'', $18,000,000; ``Environmental
and Other Defense Activities, Defense Environmental Cleanup'',
$14,400,000; ``Atomic Energy Defense Activities, National Nuclear
Security Administration, Weapons Activities'', $33,100,000; ``Atomic
Energy Defense Activities, National Nuclear Security Administration,
Defense Nuclear Nonproliferation'', $2,700,000; and ``Atomic Energy
Defense Activities, National Nuclear Security Administration, Naval
Reactors'', $4,900,000.
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 1501. Notwithstanding section 1101, the level for ``Department
of the Treasury, Departmental Offices, Salaries and Expenses'' shall be
$307,002,000, of which $100,000,000 shall be for terrorism and financial
intelligence activities; and the requirement under this heading to
transfer funds to the National Academy of Sciences for a carbon audit of
the tax code and the funding designations related to executive direction
program activities, economic policies and program activities, financial
policies and program activities, Treasury-wide management policies and
program activities, and administration program activities shall not
apply to funds appropriated by this division; and funding under this
heading is available for international representation commitments of the
Secretary, and for contribution to the Global Forum on Transparency and
Exchange of Information for Tax Purposes.
Sec. 1502. Notwithstanding section 1101, the level for ``Department
of the Treasury, Departmental Offices, Department-wide Systems and
Capital Investments Programs'' shall be $4,000,000, and the first
proviso under such heading shall not apply to funds appropriated by this
division.
Sec. 1503. Notwithstanding section 1101, the level for ``Department
of the Treasury, Departmental Offices, Special Inspector General for the
Troubled Asset Relief Program, Salaries and Expenses'' shall be
$36,300,000.
Sec. 1504. Of <<NOTE: Rescission.>> the unobligated balances
available for ``Department of the Treasury, Treasury Forfeiture Fund'',
$400,000,000 are rescinded.
Sec. 1505. Notwithstanding section 1101, the level for ``Department
of the Treasury, Financial Management Service, Salaries and Expenses''
shall be $233,253,000.
Sec. 1506. Notwithstanding section 1101, the level for ``Department
of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Salaries and
Expenses'' shall be $101,000,000, and the first proviso under such
heading shall not apply to funds appropriated by this division.
Sec. 1507. Notwithstanding section 1101, the level for ``Department
of the Treasury, Bureau of the Public Debt, Administering the Public
Debt'' shall be $184,985,000.
[[Page 125 STAT. 133]]
Sec. 1508. Notwithstanding section 1101, the level for ``Department
of the Treasury, Community Development Financial Institutions Fund
Program Account'' shall be $227,000,000 for financial assistance,
technical assistance, training outreach programs, and administrative
expenses, of which $22,000,000 shall be for the Bank Enterprise Award
program; and under such heading the requirement to transfer funds to the
Capital Magnet Fund and the funding designations for pilot project
grants and administration shall not apply to funds appropriated by this
division.
Sec. 1509. Notwithstanding section 1101, the funding designations
for tax enforcement under the heading ``Department of the Treasury,
Internal Revenue Service, Operations Support'' shall not apply to funds
appropriated by this division.
Sec. 1510. Notwithstanding section 1101, section 105 of division C
of Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1511. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, The
White House, Salaries and Expenses'' shall be $58,552,000.
Sec. 1512. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
Executive Residence at the White House, Operating Expenses'' shall be
$13,700,000.
Sec. 1513. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, White
House Repair and Restoration'' shall be $2,005,000.
Sec. 1514. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
National Security Council, Salaries and Expenses'' shall be $13,074,000.
Sec. 1515. The <<NOTE: Applicability.>> amounts included under the
heading ``Executive Office of the President and Funds Appropriated to
the President, Office of Administration, Salaries and Expenses'' in
division C of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``$12,777,000'' for ``$16,768,000''.
Sec. 1516. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Office
of Management and Budget, Salaries and Expenses'' shall be $91,934,000.
Sec. 1517. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Office
of National Drug Control Policy, Salaries and Expenses'' shall be
$27,138,000.
Sec. 1518. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Office
of National Drug Control Policy, Counterdrug Technology Assessment
Center'' shall be $0.
Sec. 1519. Notwithstanding <<NOTE: Applicability.>> section 1101,
the level for ``Executive Office of the President and Funds Appropriated
to the President, Office of National Drug Control Policy, Other Federal
Drug Control Programs'' shall be $140,900,000, of which $9,000,000 shall
be for anti-doping activities; of which $35,000,000 shall be for a
national media campaign; and the amounts included under such heading
shall be applied to funds appropriated by this division by substituting
``$0'' for ``$10,000,000'', ``$1,000,000'', ``$1,250,000'', and
``$250,000''.
[[Page 125 STAT. 134]]
Sec. 1520. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
Partnership Fund for Program Integrity Innovation'' shall be $0.
Sec. 1521. Of the unobligated balances available for ``Executive
Office of the President and Funds Appropriated to the President,
Partnership Fund for Program Integrity Innovation'', $5,000,000 are
rescinded.
Sec. 1522. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President, Special
Assistance to the President, Salaries and Expenses'' shall be
$4,558,000.
Sec. 1523. Notwithstanding section 1101, the level for ``Executive
Office of the President and Funds Appropriated to the President,
Official Residence of the Vice President, Operating Expenses'' shall be
$327,000.
Sec. 1524. Notwithstanding section 1101, the level for ``The
Judiciary, Supreme Court of the United States, Care of the Building and
Grounds'' shall be $8,175,000.
Sec. 1525. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Salaries and Expenses'' shall be $5,013,583,000.
Sec. 1526. The <<NOTE: Applicability.>> amount included in the
second paragraph under the heading ``The Judiciary, Courts of Appeals,
District Courts, and Other Judicial Services, Salaries and Expenses'' in
division C of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``$4,785,000'' for ``$5,428,000''.
Sec. 1527. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' shall be $1,027,748,000.
Sec. 1528. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'' shall be $52,410,000.
Sec. 1529. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other Judicial
Services, Court Security'' shall be $467,607,000.
Sec. 1530. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note) is amended--
(1) in the third sentence (relating to the District of
Kansas) by striking ``19 years'' and inserting ``20 years''; and
(2) in the seventh sentence (relating to the District of
Hawaii), by striking ``16 years'' and inserting ``17 years''.
Sec. 1531. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the District of Columbia
Courts'' shall be $243,420,000, of which $57,760,000 shall be for
capital improvements.
Sec. 1532. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the District of Columbia
Water and Sewer Authority'' shall be $11,499,000.
Sec. 1533. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the Criminal Justice
Coordinating Council'' shall be $1,800,000.
Sec. 1534. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment to the Office of the Chief
Financial Officer for the District of Columbia'' shall be $0.
[[Page 125 STAT. 135]]
Sec. 1535. (a) <<NOTE: Applicability.>> Notwithstanding section
1101, the level for ``District of Columbia, Federal Funds, Federal
Payment for School Improvement'' shall be $77,700,000 and shall remain
available until expended, of which $42,200,000 shall be for the District
of Columbia Public Schools, $20,000,000 shall be to expand quality
public charter schools, and $15,500,000 shall be for opportunity
scholarships, and the second reference to ``$1,000,000'' under such
heading shall be applied to funds appropriated by this division by
substituting ``$0''.
(b) The authority and conditions provided in the District of
Columbia Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 3181)
under the heading described in subsection (a) shall apply with respect
to the funds made available under this division, with the following
modifications:
(1) The first proviso under such heading shall not apply.
(2) Notwithstanding the second proviso under such heading,
the funds may be made available for scholarships to students,
without regard to whether any student received a scholarship in
any prior school year.
(3) The fourth proviso under such heading shall not apply.
(4) Notwithstanding the fifth proviso under such heading,
the Secretary of Education shall ensure that site inspections of
participating schools are conducted annually.
Sec. 1536. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Consolidated Laboratory
Facility'' shall be $0.
Sec. 1537. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Housing for the
Homeless'' shall be $10,000,000.
Sec. 1538. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Youth Services'' shall
be $0.
Sec. 1539. Notwithstanding any other provision of this division,
except section 1106, the District of Columbia may expend local funds for
programs and activities under the heading ``District of Columbia Funds''
for such programs and activities under title IV of S. 3677 (111th
Congress), as reported by the Committee on Appropriations of the Senate,
at the rate set forth under ``District of Columbia Funds'' as included
in the Fiscal Year 2011 Budget Request Act (D.C. Act 18-448), as
modified as of the date of the enactment of this division.
Sec. 1540. Section 805(b) of division C of Public Law 111-117
is <<NOTE: 123 Stat. 3222.>> amended by striking ``November 1, 2010''
and inserting ``November 1, 2011''.
Sec. 1541. Notwithstanding section 1101, the level for
``Independent Agencies, Administrative Conference of the United States,
Salaries and Expenses'' shall be $2,750,000.
Sec. 1542. Notwithstanding section 1101, the level for
``Independent Agencies, Christopher Columbus Fellowship Foundation,
Salaries and Expenses'' shall be $500,000.
Sec. 1543. Notwithstanding section 1101, the level for ``Related
Agencies and Food and Drug Administration, Independent Agencies,
Commodity Futures Trading Commission'' shall be $202,675,000, to remain
available until September 30, 2012: Provided, That the proviso under
such heading in Public Law 111-80 shall not apply to funds provided by
this division: Provided further, That not less than $37,200,000 shall be
for the highest priority information technology activities of the
Commission.
[[Page 125 STAT. 136]]
Sec. 1544. Notwithstanding section 1101, the level for
``Independent Agencies, Consumer Product Safety Commission, Salaries and
Expenses'' shall be $115,018,000, of which $1,000,000 shall remain
available until September 30, 2012 for the Virginia Graeme Baker Pool
and Spa Safety Act grant program.
Sec. 1545. Notwithstanding section 1101, the level for
``Independent Agencies, Election Assistance Commission, Salaries and
Expenses'' shall be $16,300,000, of which $3,250,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002 (Public Law 107-252).
Sec. 1546. Notwithstanding section 1101, the level for
``Independent Agencies, Election Assistance Commission, Election Reform
Programs'' shall be $0.
Sec. 1547. Any expenses incurred by the Election Assistance
Commission using amounts appropriated under the heading ``Election
Assistance Commission, Election Reform Programs'' in the Transportation,
Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 327) for any program or activity which the Commission
is authorized to carry out under the Help America Vote Act of 2002 shall
be considered to have been incurred for the programs and activities
described under such heading.
Sec. 1548. Notwithstanding section 1101, the level for
``Independent Agencies, Federal Deposit Insurance Corporation, Office of
the Inspector General'' shall be $42,942,000.
Sec. 1549. (a) Notwithstanding section 1101, the aggregate amount of
new obligational authority provided under the heading ``Independent
Agencies, General Services Administration, Real Property Activities,
Federal Buildings Fund, Limitations on Availability of Revenue'' for
Federal buildings and courthouses and other purposes of the Fund shall
be $7,597,540,000, of which: (1) $82,000,000 is for ``Construction and
Acquisition''; and (2) $280,000,000 is for ``Repairs and Alterations''.
(b) The <<NOTE: Plans. Deadlines. Notification.>> General Services
Administration shall submit a detailed plan, by project, regarding the
use of funds to the Committees on Appropriations of the House of
Representatives and the Senate within 30 days of enactment of this
section and will provide notification to the Committees within 15 days
prior to any changes regarding the use of these funds.
Sec. 1550. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Government-Wide Policy'' shall be $66,621,000.
Sec. 1551. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Operating Expenses'' shall be $70,022,000, and matters
pertaining to the amount of $1,000,000 under such heading shall not
apply to funds appropriated by this division.
Sec. 1552. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Electronic Government Fund'' shall be $8,000,000.
Sec. 1553. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Allowances and Office Staff for Former Presidents'' shall be
$3,800,000.
[[Page 125 STAT. 137]]
Sec. 1554. Notwithstanding section 1101, the level for
``Independent Agencies, General Services Administration, General
Activities, Federal Citizen Services Fund'' shall be $34,184,000.
Sec. 1555. Of <<NOTE: Rescission.>> the unobligated balances
available under the heading ``Independent Agencies, General Services
Administration, Real Property Activities, Federal Buildings Fund,
Limitations on Availability of Revenue'', $25,000,000 are rescinded and
shall be returned to the General Fund of the Treasury.
Sec. 1556. Notwithstanding section 1101, the level for
``Independent Agencies, Harry S Truman Scholarship Foundation, Salaries
and Expenses'' shall be $750,000.
Sec. 1557. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
Office of Inspector General'' shall be $4,250,000.
Sec. 1558. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
Electronic Records Archives'' shall be $72,000,000, of which $52,500,000
shall remain available until September 30, 2013.
Sec. 1559. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
Repairs and Restoration'' shall be $11,848,000.
Sec. 1560. Of <<NOTE: Rescission.>> the unobligated balances
available under the heading ``Independent Agencies, National Archives
and Records Administration, Repairs and Restoration'', $3,198,000 are
rescinded, which shall be derived from amounts made available for a new
regional archives and records facility in Anchorage, Alaska.
Sec. 1561. Notwithstanding section 1101, the level for
``Independent Agencies, National Archives and Records Administration,
National Historical Publications and Records Commission, Grants
Program'' shall be $7,000,000.
Sec. 1562. The <<NOTE: Applicability.>> amounts included under the
heading ``Independent Agencies, Office of Personnel Management, Salaries
and Expenses'' in division C of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$97,970,000'' for
``$102,970,000''.
Sec. 1563. Notwithstanding section 1101, the level for
``Independent Agencies, Privacy and Civil Liberties Oversight Board,
Salaries and Expenses'' shall be $1,000,000.
Sec. 1564. Of <<NOTE: Rescission.>> the unobligated balances
available for ``Independent Agencies, Privacy and Civil Liberties
Oversight Board, Salaries and Expenses'', $1,500,000 are rescinded.
Sec. 1565. Notwithstanding section 1101, the level for
``Independent Agencies, Securities and Exchange Commission, Salaries and
Expenses'' shall be $1,185,000,000, and the proviso under such heading
pertaining to prior year unobligated balances shall not apply to funds
appropriated by this division.
Sec. 1566. Notwithstanding section 1101, the level provided under
section 523 of division C of Public Law 111-117 shall be $0.
Sec. 1567. Notwithstanding section 1101, the level for
``Independent Agencies, Small Business Administration, Surety Bond
Guarantees Revolving Fund'' shall be $0.
Sec. 1568. The <<NOTE: Applicability.>> amounts included under the
heading ``Independent Agencies, Small Business Administration, Disaster
Loans Program Account'' in division C of Public Law 111-117 shall be
applied to funds appropriated by this division as follows:
(1) By substituting ``$0'' for ``$1,690,000''.
[[Page 125 STAT. 138]]
(2) By substituting ``$0'' for ``$352,357''.
(3) By substituting ``$0'' for ``$1,337,643''.
(4) By substituting ``$45,463,000'' for ``$76,588,200''.
(5) By substituting ``$35,463,000'' for ``$65,278,200''.
(6) By substituting ``$0'' for ``$1,310,000''.
Sec. 1569. Notwithstanding <<NOTE: Applicability.>> section 1118,
the amounts included under the heading ``Independent Agencies, United
States Postal Service, Payment to the Postal Service Fund'' in division
C of Public Law 111-117 shall be applied to funds appropriated by this
division as follows:
(1) By substituting ``$86,705,000'' for ``$118,328,000''.
(2) By substituting ``$74,905,000'' for ``$89,328,000''.
(3) By substituting ``2011'' for ``2010''.
Sec. 1570. Notwithstanding section 1101, the level for
``Independent Agencies, United States Tax Court, Salaries and Expenses''
shall be $52,093,000, of which $2,852,000 shall be for security
improvements.
Sec. 1571. Section 617 of Public Law 111-117 <<NOTE: 123 Stat.
3203.>> is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
Sec. 1572. Section <<NOTE: Applicability.>> 814 of division C of
Public Law 111-117 shall be applied to funds appropriated by this
division by striking ``Federal''.
Sec. 1573. (a) The Consumer Financial Protection Act of 2010 is
amended by adding after section 1016 the following new sections:
``SEC. 1016A. <<NOTE: 12 USC 5496a.>> ANNUAL AUDITS.
``(a) Annual Independent Audit.--The Bureau shall order an annual
independent audit of the operations and budget of the Bureau.
``(b) Annual GAO Audit.--The Comptroller General of the United
States shall conduct an annual audit of the Bureau's financial
statements in accordance with generally accepted government accounting
standards.
``SEC. 1016B. <<NOTE: 12 USC 5496b.>> GAO STUDY OF FINANCIAL
REGULATIONS.
``(a) Study.--Not later than the end of the 180-day period beginning
on the date of the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall conduct a study of
financial services regulations, including activities of the Bureau. Such
study shall include an analysis of--
``(1) the impact of regulation on the financial marketplace,
including the effects on the safety and soundness of regulated
entities, cost and availability of credit, savings realized by
consumers, reductions in consumer paperwork burden, changes in
personal and small business bankruptcy filings, and costs of
compliance with rules, including whether relevant Federal
agencies are applying sound cost-benefit analysis in
promulgating rules;
``(2) efforts to avoid duplicative or conflicting
rulemakings, including an evaluation of the consultative process
under subparagraphs (B) and (C) of section 1022(b)(2),
information requests, and examinations; and
``(3) other matters related to the operations of financial
services regulations deemed by the Comptroller General to be
appropriate.
``(b) Report.--Not later than the end of the 30-day period following
the completion of a study conducted pursuant to subsection (a), the
Comptroller General shall issue a report to the
[[Page 125 STAT. 139]]
Congress containing a detailed description of all findings and
conclusions made by the Comptroller General in carrying out such study,
together with such recommendations for legislative or administrative
action as the Comptroller General may determine to be appropriate.''.
(b) The table of contents for the Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended by inserting after the item relating
to section 1016 the following new items:
``Sec. 1016A. Annual audits.
``Sec. 1016B. GAO study of financial regulations.''.
(c) The <<NOTE: 12 USC 5496a note.>> initial audits described under
section 1016A of the Consumer Financial Protection Act of 2010 shall be
completed not later than the end of the 180-day period beginning on the
date of the enactment of this Act.
Sec. 1574. The <<NOTE: Reports. Deadline.>> Government
Accountability Office is directed to report to the Committees on
Appropriations of the House of Representatives and the Senate on the
data collected by the Consumer Product Safety Commission (CPSC) under
section 6A of the Consumer Product Safety Act (15 U.S.C. 2055a) within
180 days of enactment of this division. This study shall include an
analysis of:
(1) Whether the information submitted is required to be from
first-hand knowledge.
(2) Whether the information required for submission of a
complaint is sufficient to enable the CPSC, where appropriate,
to investigate the facts surrounding the incident and determine
the material accuracy of the report.
(3) Whether the information submitted to the database with
respect to a product is sufficient to enable consumers, the
CPSC, and manufacturers to identify such product.
(4) Whether the length of time before posting complaints is
a reasonable timeframe for adjudicating pending claims of
material inaccuracy.
Sec. 1575. Notwithstanding section 1101, the limits set forth in
section 702 of Public Law 111-117 shall not apply to any vehicle that is
a commercial item and which operates on emerging motor vehicle
technology, including but not limited to electric, plug-in hybrid
electric, and hydrogen fuel cell vehicles.
Sec. 1576. (a) Section 1403(8) of the Virginia Graeme Baker Pool and
Spa Safety Act (15 U.S.C. 8002(8)) is amended by adding at the end the
following: ``For purposes of eligibility for the grants authorized under
section 1405, such term shall also include any political subdivision of
a State.''.
(b) Section 1405(e) of the Virginia Graeme Baker Pool and Spa Safety
Act (15 U.S.C. 8004 (e)) is amended by striking ``2010'' and inserting
``2011''.
TITLE VI--HOMELAND SECURITY
Sec. 1601. Within <<NOTE: Deadline. Expenditure plan.>> 24 days
after the date of enactment of this division, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives an expenditure plan for fiscal year
2011 that displays the level of funding by program, project, and
activity consistent with the table of detailed funding recommendations
contained at the end of the joint explanatory statement accompanying the
Department of Homeland Security Appropriations Act, 2010
[[Page 125 STAT. 140]]
(Public Law 111-83) and the classified annex accompanying this division:
Provided, That <<NOTE: Expenditure plans. Deadline.>> all plans for
expenditure required in Public Law 111-83 shall be updated for fiscal
year 2011 budget authority and submitted to the Committees on
Appropriations of the Senate and House of Representatives within 45 days
after the date of enactment of this division, notwithstanding the
specified withholding of funds and associated approval requirements.
Sec. 1602. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Office of the Secretary and Executive Management''
shall be $136,818,000.
Sec. 1603. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Office of the Under Secretary for Management''
shall be $239,933,000.
Sec. 1604. Notwithstanding section 1101, for an additional amount
under the heading ``Department of Homeland Security, Office of the Under
Secretary for Management'', $77,400,000, to plan, acquire, construct,
renovate, remediate, equip, furnish, and occupy buildings and facilities
for the consolidation of the Department of Homeland Security
headquarters.
Sec. 1605. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Office of the Chief Financial Officer'' shall be
$53,430,000, of which $4,000,000 shall remain available until September
30, 2014, for financial systems consolidation efforts.
Sec. 1606. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Office of the Chief Information Officer'' shall be
$333,393,000.
Sec. 1607. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Office of the Federal Coordinator for Gulf Coast
Rebuilding'' shall be $0.
Sec. 1608. Notwithstanding section 1101, the level for ``Department
of Homeland Security, U.S. Customs and Border Protection, Salaries and
Expenses'' shall be $8,212,626,000: Provided, That for fiscal year 2011,
the Border Patrol shall achieve an active duty presence of not less than
21,370 agents protecting the border of the United States by September
30, 2011.
Sec. 1609. Notwithstanding section 1101, the level for ``Department
of Homeland Security, U.S. Customs and Border Protection, Automation
Modernization'' shall be $336,575,000, of which $148,090,000 shall be
for the Automated Commercial Environment.
Sec. 1610. (a) Notwithstanding section 1101, the level for
``Department of Homeland Security, U.S. Customs and Border Protection,
Border Security Fencing, Infrastructure, and Technology'' shall be
$574,173,000.
(b) Paragraph (11) of the first proviso and the third and fourth
provisos under the heading ``Border Security Fencing, Infrastructure,
and Technology'' of Public Law 111-83 shall not apply to funds
appropriated by this division.
Sec. 1611. Notwithstanding section 1101, the level for ``Department
of Homeland Security, U.S. Customs and Border Protection, Air and Marine
Interdiction, Operations, Maintenance, and Procurement'' shall be
$516,326,000.
Sec. 1612. Notwithstanding section 1101, the level for ``Department
of Homeland Security, U.S. Customs and Border Protection, Construction
and Facilities Management'' shall be $260,000,000.
Sec. 1613. Notwithstanding section 1101, the level for ``Department
of Homeland Security, U.S. Immigration and Customs
[[Page 125 STAT. 141]]
Enforcement, Salaries and Expenses'' shall be $5,437,643,000: Provided,
That U.S. Immigration and Customs Enforcement shall maintain a level of
not fewer than 33,400 detention beds throughout fiscal year 2011.
Sec. 1614. Notwithstanding section 1101, the level for ``Department
of Homeland Security, U.S. Immigration and Customs Enforcement,
Automation Modernization'' shall be $74,000,000.
Sec. 1615. Notwithstanding section 1101, the level for ``Department
of Homeland Security, U.S. Immigration and Customs Enforcement,
Construction'' shall be $0.
Sec. 1616. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Transportation Security Administration, Aviation
Security'' <<NOTE: Applicability.>> shall be $5,219,546,000: Provided,
That the amounts included under such heading in Public Law 111-83 shall
be applied to funds appropriated by this division as follows: by
substituting ``$5,219,546,000'' for ``$5,214,040,000''; by substituting
``$4,307,793,000'' for ``$4,358,076,000''; by substituting
``$629,297,000'' for ``$1,116,406,000''; by substituting
``$911,753,000'' for ``$855,964,000''; by substituting ``$291,191,000''
for ``$778,300,000''; by substituting ``9 percent'' for ``28 percent'';
and by substituting ``$3,119,546,000'' for ``$3,114,040,000'': Provided
further, That none of the funds in this division may be used for any
recruiting or hiring of personnel into the Transportation Security
Administration that would cause the agency to exceed a staffing level of
46,000 full-time equivalent screeners: Provided further, That the
preceding proviso shall not apply to personnel hired as part-
time <<NOTE: Deadline. Reports.>> employees: Provided further, That not
later than August 15, 2011, the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and House of
Representatives a detailed report on: (1) the Department's efforts and
the resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective security of
passengers and baggage at the lowest possible operating and acquisition
costs; (2) how the Transportation Security Administration is deploying
its existing screener workforce in the most cost effective manner; and
(3) labor savings from the deployment of improved technologies for
passengers and baggage screening and how those savings are being used to
offset security costs or reinvested to address security vulnerabilities.
Sec. 1617. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Transportation Security Administration, Surface
Transportation Security'' shall be $105,961,000.
Sec. 1618. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Transportation Security Administration,
Transportation Threat Assessment and Credentialing'' shall be
$162,999,000.
Sec. 1619. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Transportation Security Administration,
Transportation Security Support'' shall be $988,638,000.
Sec. 1620. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Transportation Security Administration, Federal
Air Marshals'' shall be $929,802,000.
Sec. 1621. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Coast Guard, Operating Expenses'' shall be
$6,907,338,000, of which $254,000,000 is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
[[Page 125 STAT. 142]]
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010: Provided, That the Coast Guard may decommission one
Medium Endurance Cutter, two High Endurance Cutters, four HU-25
aircraft, and one Maritime Safety and Security Team, and may make
necessary staffing adjustments at the Coast Guard Investigative Service
and other support units, as specified in the budget justification
materials for fiscal year 2011 as submitted to the Committees on
Appropriations of the Senate and House of Representatives.
Sec. 1622. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Coast Guard, Acquisition, Construction, and
Improvements'' shall be $1,519,783,000, of which $42,000,000 shall be
for vessels, small boats, critical infrastructure, and related
equipment; of which $36,000,000 shall be for other equipment; of which
$69,200,000 shall be for shore, military housing, and aids to navigation
facilities, including waterfront facilities at Navy installations used
by the Coast Guard, of which $2,000,000 may be derived from the Coast
Guard Housing Fund established pursuant to 14 U.S.C. 687; of which
$106,083,000 shall be available for personnel compensation and benefits
and related costs; and of which $1,266,500,000 shall be for the
Integrated Deepwater Systems program: Provided, That of the funds made
available for the Integrated Deepwater Systems program, $101,000,000 is
for aircraft and $1,010,000,000 is for surface ships: Provided further,
That of the funds provided for surface ships, $692,000,000 is available
for the procurement of the fifth National Security Cutter, including
procurement of the production of such cutter and production-related
activities and post-delivery activities associated with such cutter.
Sec. 1623. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Coast Guard, Alteration of Bridges'' shall be $0.
Sec. 1624. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Coast Guard, Research, Development, Test, and
Evaluation'' shall be $24,745,000, of which $4,000,000 shall be for
research, development, test, and evaluation of technologies to prevent
and respond to oil and hazardous substance spills.
Sec. 1625. Notwithstanding section 1101, the level for ``Department
of Homeland Security, United States Secret Service, Salaries and
Expenses'' shall be $1,514,361,000.
Sec. 1626. Notwithstanding section 1101, the level for ``Department
of Homeland Security, National Protection and Programs Directorate,
Management and Administration'' shall be $43,577,000.
Sec. 1627. Notwithstanding section 1101, the level for ``Department
of Homeland Security, National Protection and Programs Directorate,
Infrastructure Protection and Information Security'' shall be
$840,444,000.
Sec. 1628. Notwithstanding section 1101, under the heading
``Department of Homeland Security, National Protection and Programs
Directorate, Federal Protective Service'', the revenues and collections
of security fees credited to this account shall be available until
expended for necessary expenses related to the protection of federally-
owned and leased buildings and for the operations of the
Federal <<NOTE: Deadline. Staffing levels.>> Protective Service:
Provided, That, no later than September 30, 2011, the Federal Protective
Service shall maintain
[[Page 125 STAT. 143]]
not fewer than 1,250 full-time staff and 935 full-time Police Officers,
Inspectors, Area Commanders, and Special Agents who, while working, are
directly engaged on a daily basis protecting and enforcing laws at
Federal buildings (referred to as ``in-service field staff'').
Sec. 1629. Notwithstanding section 1101, the level for ``Department
of Homeland Security, National Protection and Programs Directorate,
United States Visitor and Immigrant Status Indicator Technology'' shall
be $334,613,000.
Sec. 1630. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Office of Health Affairs'' shall be $139,734,000,
of which $27,053,000 is for salaries and expenses.
Sec. 1631. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Emergency Management Agency, Management
and Administration'' shall be $788,400,000, of which $35,250,000 shall
be for the Urban Search and Rescue Response System: Provided, That the
directed obligations under such heading for capital improvements at the
Mount Weather Emergency Operations Center in Public Law 111-83 shall
have no force or effect to funds appropriated by this division.
Sec. 1632. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Emergency Management Agency, State and
Local Programs'' shall be $2,229,500,000: Provided, That of the amount
provided by this division for the State Homeland Security Grant Program
under such heading, $55,000,000 shall be for Operation Stonegarden;
$45,000,000 shall be for the Driver's License Security Grant Program;
$10,000,000 shall be for the Citizen Corps Program; and $35,000,000
shall be for the Metropolitan Medical Response System: Provided further,
That the amounts provided by this division for the Citizen Corps Program
under such heading shall not be subject to the requirements of subtitle
A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 603 et
seq.): Provided further, That of the amount provided by this division
for Public Transportation Security Assistance and Railroad Security
Assistance under such heading, no less than $20,000,000 shall be for
Amtrak security and no less than $5,000,000 shall be for Over-the-
Road <<NOTE: Applicability.>> Bus Security: Provided further, That the
amounts included under such heading in Public Law 111-83 shall be
applied to funds appropriated by this division as follows: in paragraph
(1), by substituting ``$725,000,000'' for ``$950,000,000''; in paragraph
(2), by substituting ``$725,000,000'' for ``$887,000,000''; in paragraph
(3), by substituting ``$15,000,000'' for ``$35,000,000''; in paragraph
(4), by substituting ``$0'' for ``$41,000,000''; in paragraph (5), by
substituting ``$0'' for ``$13,000,000''; in paragraph (6), by
substituting ``$250,000,000'' for ``$300,000,000''; in paragraph (7), by
substituting ``$250,000,000'' for ``$300,000,000''; in paragraph (8), by
substituting ``$0'' for ``$12,000,000''; in paragraph (9), by
substituting ``$0'' for ``$50,000,000''; in paragraph (10), by
substituting ``$0'' for ``$50,000,000''; in paragraph (11), by
substituting ``$0'' for ``$50,000,000''; in paragraph (12), by
substituting ``$15,000,000'' for ``$60,000,000'' and by substituting
``0'' for each following amount in such paragraph; in paragraph (13), by
substituting ``$249,500,000'' for ``$267,200,000'', of which
$155,500,000 shall be for training of State, local, and tribal emergency
response providers: Provided further, That the directed obligations
provisions in paragraphs 13(A), 13(B), and 13(C) under such heading in
Public Law
[[Page 125 STAT. 144]]
111-83 shall have no force or effect to funds appropriated in this
division: Provided further, That 5.8 percent of the amount provided for
``Department of Homeland Security, Federal Emergency Management Agency,
State and Local Programs'' by this division shall be transferred to
``Department of Homeland Security, Federal Emergency Management Agency,
Management and Administration'' for program administration.
Sec. 1633. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Emergency Management Agency, Firefighter
Assistance Grants'' for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) shall be
$810,000,000, of which $405,000,000 shall be available to carry out
section 33 of that Act (15 U.S.C. 2229) and $405,000,000 shall be
available to carry out section 34 of that Act (15 U.S.C. 2229a):
Provided, That the proviso included under ``Federal Emergency Management
Agency, Firefighter Assistance Grants'' in the Department of Homeland
Security Appropriations Act, 2010 (Public Law 111-83) shall have no
force or effect: Provided further, That 5.8 percent of the amount
available under this heading shall be transferred to ``Department of
Homeland Security, Federal Emergency Management Agency, Management and
Administration'' for program administration: Provided further, That none
of the funds made available in this division may be used to enforce the
requirements in--
(1) section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a(a)(1)(A));
(2) section 34(a)(1)(E) of such Act; and
(3) section 34(c)(1) of such Act.
Sec. 1634. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Emergency Management
Agency, <<NOTE: Deadlines. Reports.>> Disaster Relief'' shall be
$2,650,000,000: Provided, That the Administrator of the Federal
Emergency Management Agency shall submit quarterly reports to the
Committees on Appropriations of the Senate and the House of
Representatives providing estimates of funding requirements for
``Disaster Relief'' for the current fiscal year and the succeeding three
fiscal years: Provided further, That the report shall provide (a) an
estimate, by quarter, for the costs of all previously designated
disasters; (b) an estimate, by quarter, for the cost of future disasters
based on a five year average, excluding catastrophic disasters; and (c)
an estimate of the date on which the ``Disaster Relief'' balance will
reach $800,000,000.
Sec. 1635. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Emergency Management Agency, Flood Map
Modernization Fund'' shall be $182,000,000.
Sec. 1636. Notwithstanding section 1101, in fiscal year 2011, funds
shall not be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C.
4017) for operating expenses in excess of $110,000,000, and for agents'
commissions and taxes in excess of $963,339,000: Provided, That
notwithstanding section 1101, for activities under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the level shall be
$169,000,000, which shall be derived from offsetting collections
assessed and collected under 1308(d) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(d)), of which not to exceed $22,145,000 shall be
available for salaries and expenses associated with flood mitigation and
flood
[[Page 125 STAT. 145]]
insurance operations; and not less than $146,855,000 shall be available
for floodplain management and flood mapping, which shall remain
available until September 30, 2012.
Sec. 1637. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Emergency Management Agency, National
Predisaster Mitigation Fund'' shall be $50,000,000: Provided, That the
directed obligations under such heading in Public Law 111-83 shall have
no force or effect to funds appropriated in this division.
Sec. 1638. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Emergency Management Agency, Emergency
Food and Shelter'' shall be $120,000,000.
Sec. 1639. Notwithstanding section 1101, the level for ``Department
of Homeland Security, United States Citizenship and Immigration
Services'' shall be $146,593,000, of which $25,000,000 is for processing
applications for asylum and refugee status, and of which $103,400,000
shall be for the E-Verify Program.
Sec. 1640. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Law Enforcement Training Center, Salaries
and Expenses'' shall be $235,919,000.
Sec. 1641. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Federal Law Enforcement Training Center,
Acquisitions, Construction, Improvements, and Related Expenses'' shall
be $35,456,000.
Sec. 1642. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Science and Technology, Management and
Administration'' shall be $141,200,000.
Sec. 1643. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Science and Technology, Research, Development,
Acquisition, and Operations'' shall be $688,036,000, of which
$40,000,000 shall remain available until September 30, 2013, for
construction of the National Bio- and Agro-defense Facility central
utility plant: Provided, That the final proviso included under the
heading ``Department of Homeland Security, Science and Technology,
Research, Development, Acquisition, and Operations'' in the Department
of Homeland Security Appropriations Act, 2010 (Public Law 111-83) shall
have no force or effect: Provided further, That funding for university
programs shall not be reduced by more than twenty percent from the
fiscal year 2010 enacted level.
Sec. 1644. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Domestic Nuclear Detection Office, Management and
Administration'' shall be $36,992,000.
Sec. 1645. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Domestic Nuclear Detection Office, Research,
Development, and Operations'' shall be $275,437,000.
Sec. 1646. Notwithstanding section 1101, the level for ``Department
of Homeland Security, Domestic Nuclear Detection Office, Systems
Acquisition'' shall be $30,000,000.
Sec. 1647. (a) Section 560 of Public Law 111-83 shall not apply to
funds appropriated by this division.
(b) No funding provided in this division shall be used for
construction of the National Bio- and Agro-defense Facility until the
Department of Homeland Security has, pursuant to the schedule submitted
by the Department of Homeland Security on March 31, 2011, to the
Committees on Appropriations of the Senate and House of
Representatives--
[[Page 125 STAT. 146]]
(1) completed 50 percent of design planning for the National
Bio- and Agro-defense Facility, and
(2) submitted <<NOTE: Assessment.>> to the Committees on
Appropriations of the Senate and the House of Representatives a
revised site-specific biosafety and biosecurity mitigation risk
assessment that describes how to significantly reduce risks of
conducting essential research and diagnostic testing at the
National Bio- and Agro-defense Facility and addresses
shortcomings identified in the National Academy of Sciences'
evaluation of the initial site-specific biosafety and
biosecurity mitigation risk assessment.
(c) The revised site-specific biosafety and biosecurity mitigation
risk assessment required by subsection (b) shall--
(1) include a quantitative risk assessment for foot-and-
mouth disease virus, in particular epidemiological and economic
impact modeling to determine the overall risk of operating the
facility for its expected 50-year life span, taking into account
strategies to mitigate risk of foot-and-mouth disease virus
release from the laboratory and ensure safe operations at the
approved National Bio- and Agro-defense Facility site;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local, State,
and Federal authorities and appropriate stakeholders) if a
release occurs, to detect and control the spread of disease; and
(3) include overall risks of the most dangerous pathogens
the Department of Homeland Security expects to hold in the
National Bio- and Agro-defense Facility's biosafety level 4
facility, and effectiveness of mitigation strategies to reduce
those risks.
(d) The <<NOTE: Contracts.>> Department of Homeland Security shall
enter into a contract with the National Academy of Sciences to evaluate
the adequacy and validity of the risk assessment required by subsection
(b). The <<NOTE: Reports. Deadline.>> National Academy of Sciences shall
submit a report on such evaluation within four months after the date the
Department of Homeland Security concludes its risk assessment.
Sec. 1648. Section 503 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83) is <<NOTE: 123 Stat.
2168.>> amended by adding at the end the following:
``(e) The <<NOTE: Applicability.>> notification thresholds and
procedures set forth in this section shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts.''.
Sec. 1649. For fiscal year 2011, sections 529, 541, and 545 of the
Department of Homeland Security Appropriations Act, 2010 (Public Law
111-83; 123 Stat. 2174, 2176) shall have no force or effect.
Sec. 1650. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
amended by striking ``on October 4, 2010'' and inserting ``on October 4,
2011''.
Sec. 1651. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2010'' and inserting ``Until September 30, 2011''; and
(2) in subsection (d)(1), by striking ``September 30, 2010''
and inserting ``September 30, 2011''.
[[Page 125 STAT. 147]]
Sec. 1652. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2010'' and inserting ``2011''.
Sec. 1653. For an additional amount for necessary expenses for
reimbursement of the actual costs to State and local governments for
providing emergency management, public safety, and security at events,
as determined by the Administrator of the Federal Emergency Management
Agency, related to the presence of a National Special Security Event,
$7,500,000, to remain available until September 30, 2012.
Sec. 1654. Notwithstanding the 10 percent limitation contained in
section 503(c)of the Department of Homeland Security Appropriations Act,
2010 (Public Law 111-83), the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department
of <<NOTE: Notification. Deadline.>> Homeland Security: Provided, That
the Secretary shall notify the Committees on Appropriations of the
Senate and House of Representatives 5 days in advance of such transfer.
Sec. 1655. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $1,692,000 from ``Operations''.
(2) $4,871,492 from ``Violent Crime Reduction Program''.
(3) $17,195,677 from ``U.S. Customs and Border Protection,
Salaries and Expenses''.
(4) $10,568,934 from ``Office for Domestic Preparedness''.
Sec. 1656. The <<NOTE: Rescissions.>> following unobligated
balances made available to the Department of Homeland Security pursuant
to section 505 of Department of Homeland Security Appropriations Act,
2010 (Public Law 111-83; 123 Stat. 2174) are rescinded:
(1) $1,437,015 from ``Office of the Secretary and Executive
Management''.
(2) $821,104 from ``Office of the Under Secretary for
Management''.
(3) $242,720 from ``Office of the Chief Financial Officer''.
(4) $23,143 from ``Office of the Chief Information
Officer''.
(5) $440,847 from ``Analysis and Operations''.
(6) $76,498 from ``Office of the Federal Coordinator for
Gulf Coast Rebuilding''.
(7) $223,301 from ``Office of Inspector General''.
(8) $12,503,273 from ``U.S. Customs and Border Protection,
Salaries and Expenses''.
(9) $18,214,469 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses''.
(10) $2,429,978 from ``Transportation Security
Administration, Federal Air Marshals''.
(11) $13,508,196 from ``Coast Guard, Operating Expenses''.
(12) $3,411,505 from ``Coast Guard, Reserve Training''.
(13) $150,499 from ``National Protection and Programs
Directorate, Management and Administration''.
(14) $861,290 from ``National Protection and Programs
Directorate, Infrastructure Protection and Information
Security''.
(15) $602,956 from ``United States Secret Service, Salaries
and Expenses''.
(16) $814,153 from ``Federal Emergency Management Agency,
Management and Administration''.
[[Page 125 STAT. 148]]
(17) $831,400 from ``Office of Health Affairs''.
(18) $7,945,983 from ``United States Citizenship and
Immigration Services''.
(19) $1,010,795 from ``Federal Law Enforcement Training
Center, Salaries and Expenses''.
(20) $425,465 from ``Science and Technology, Management and
Administration''.
(21) $42,257 from ``Domestic Nuclear Detection Office,
Management and Administration''.
Sec. 1657. Of <<NOTE: Rescissions.>> the funds appropriated to the
Department of Homeland Security, the following unobligated balances are
hereby rescinded from the following accounts and programs in the
specified amounts:
(1) $10,000,000 from ``U.S. Customs and Border Protection,
Automation Modernization''.
(2) $129,000,000 from ``U.S. Customs and Border Protection,
Border Security Fencing, Infrastructure, and Technology''.
(3) $19,603,000 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund''.
(4) $60,600,000 from ``Science and Technology, Research,
Development, Acquisition, and Operations''.
(5) $10,886,000 from ``Domestic Nuclear Detection Office,
Research, Development, and Operations''.
(6) $10,122,000 from ``Coast Guard, Acquisition,
Construction, and Improvements''.
Sec. 1658. Of <<NOTE: Rescission.>> the unobligated balances made
available under section 44945 of title 49, United States Code, $800,000
is rescinded.
Sec. 1659. Of <<NOTE: Rescission.>> the unobligated balances
available for ``Department of Homeland Security, Transportation Security
Administration'', $15,000,000 is rescinded: Provided, that the
Transportation Security Administration shall not rescind any unobligated
balances from the following programs: explosives detection systems,
checkpoint support, aviation regulation and other enforcement, and air
cargo.
Sec. 1660. Of <<NOTE: Rescissions.>> the unobligated balances
available for ``Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Protection and Information
Security'', the following amounts are rescinded--
(1) $6,000,000 from Next Generation Networks; and
(2) $9,600,000 <<NOTE: Reports. Deadline.>> to be specified
in a report submitted to the Committees on Appropriations of the
Senate and the House of Representatives no later than 15 days
after the date of enactment of this division, which describes
the amounts rescinded and the original purpose of such funds.
Sec. 1661. From <<NOTE: Rescission.>> the unobligated balances of
funds made available in the Department of the Treasury Forfeiture Fund
established by section 9703 of title 31, United States Code, which was
added to such title by section 638 of Public Law 102-393, $22,600,000 is
rescinded.
Sec. 1662. From <<NOTE: Rescission.>> the unobligated balances of
prior year appropriations made available for ``Department of Homeland
Security, National Protection and Programs Directorate, United States
Visitor and Immigrant Indicator Technology'', $32,795,000 is rescinded.
Sec. 1663. From <<NOTE: Rescission.>> the unobligated balances of
prior year appropriations made available for ``Department of Homeland
Security, United States Citizenship and Immigration Services'',
$13,000,000 is rescinded: Provided, That United States Citizenship and
[[Page 125 STAT. 149]]
Immigration Services shall not rescind any unobligated balances from the
following programs and activities: E-Verify, data center migration, and
processing applications for asylum and refugee status.
Sec. 1664. Of <<NOTE: Rescission.>> the unobligated balances
available for ``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Construction'', $10,000,000 is rescinded.
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
Sec. 1701. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Land Management, Management of Lands and
Resources'' <<NOTE: Applicability.>> shall be $963,706,000: Provided,
That the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this division by
substituting ``$963,706,000'' for ``$959,571,000'' the second place it
appears.
Sec. 1702. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Land Management, Construction'' shall be
$4,626,000.
Sec. 1703. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Land Management, Land Acquisition'' shall be
$22,000,000: Provided, That the proviso under such heading in division A
of Public Law 111-88 shall not apply to funds appropriated by this
division.
Sec. 1704. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, Resource
Management'' shall be $1,247,356,000.
Sec. 1705. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, Construction''
shall be $20,846,000.
Sec. 1706. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, Land
Acquisition'' shall be $55,000,000.
Sec. 1707. Of <<NOTE: Rescission.>> the unobligated amounts
available for ``Department of the Interior, United States Fish and
Wildlife Service, Landowner Incentive Program'' from prior year
appropriations, all remaining amounts are rescinded.
Sec. 1708. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, Cooperative
Endangered Species Conservation Fund'' shall be $60,000,000: Provided,
That <<NOTE: Applicability.>> amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds appropriated
by this division as follows: by substituting ``$4,987,297'' for
``$5,145,706''; and by substituting ``$31,000,000'' for ``$56,000,000''.
Sec. 1709. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, North American
Wetlands Conservation Fund'' shall be $37,500,000.
Sec. 1710. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, Neotropical
Migratory Bird Conservation'' shall be $4,000,000.
Sec. 1711. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, Multinational
Species Conservation Fund'' shall be $10,000,000.
[[Page 125 STAT. 150]]
Sec. 1712. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Fish and Wildlife Service, State and
Tribal Wildlife Grants'' shall be $62,000,000.
Sec. 1713. Before <<NOTE: Time period. Regulations.>> the end of
the 60-day period beginning on the date of enactment of this Act, the
Secretary of the Interior shall reissue the final rule published on
April 2, 2009 (74 Fed. Reg. 15123 et seq.) without regard to any other
provision of statute or regulation that applies to issuance of such
rule. Such reissuance (including this section) shall not be subject to
judicial review and shall not abrogate or otherwise have any effect on
the order and judgment issued by the United States District Court for
the District of Wyoming in Case Numbers 09-CV-118J and 09-CV-138J on
November 18, 2010.
Sec. 1714. Notwithstanding section 1101, the level for ``Department
of the Interior, National Park Service, Operation of the National Park
System'' shall be $2,254,559,000.
Sec. 1715. Notwithstanding section 1101, the level for ``Department
of the Interior, National Park Service, Park Partnership Project
Grants'' shall be $0 and the matters pertaining to such account in
division A of Public Law 111-88 shall not apply to funds appropriated by
this division.
Sec. 1716. Notwithstanding section 1101, the level for ``Department
of the Interior, National Park Service, National Recreation and
Preservation'' shall be $57,986,000, of which $0 shall be for projects
authorized by section 7302 of Public Law 111-11.
Sec. 1717. Notwithstanding section 1101, the level for ``Department
of the Interior, National Park Service, Historic Preservation Fund''
shall be $54,500,000: Provided, That <<NOTE: Applicability.>> the
amounts included under such heading in division A of Public Law 111-88
shall be applied to funds appropriated by this division by substituting
``$0'' for ``$25,000,000'': Provided further, That the proviso under
such heading in division A of Public Law 111-88 shall not apply to funds
appropriated by this division.
Sec. 1718. Notwithstanding section 1101, the level for ``Department
of the Interior, National Park Service, Construction'' shall be
$210,066,000: Provided, That the last proviso under such heading in
division A of Public Law 111-88 shall not apply to funds appropriated by
this division.
Sec. 1719. The <<NOTE: Rescission. 16 USC 460l-10a note.>> contract
authority provided for fiscal year 2011 by 16 U.S.C. 460l-10a is
rescinded.
Sec. 1720. Notwithstanding section 1101, the level for ``Department
of the Interior, National Park Service, Land Acquisition and State
Assistance'' shall be $95,000,000: Provided, That section 113 of
division A of Public Law 111-88 shall not apply to funds appropriated by
this division.
Sec. 1721. Of <<NOTE: Rescission.>> the unobligated amounts
available for ``Department of the Interior, National Park Service, Urban
Park and Recreation Fund,'' $625,000 is rescinded.
Sec. 1722. Notwithstanding section 1101, the level for ``Department
of the Interior, United States Geological Survey, Surveys,
Investigations, and Research'' <<NOTE: Applicability.>> shall be
$1,085,844,000: Provided, That none of the matter after ``September 30,
2011'' and before the first proviso under such heading in division A of
Public Law 111-88 shall apply to funds appropriated by this division.
Sec. 1723. Notwithstanding section 1101, the level for ``Department
of the Interior, Minerals Management Service, Royalty and Offshore
Minerals Management'' <<NOTE: Applicability.>> shall be $239,478,000:
Provided,
[[Page 125 STAT. 151]]
That the amounts included under such heading in division A of Public
Law 111-88 shall be applied to funds appropriated by this division as
follows: by substituting ``$109,494,000'' for ``$89,374,000''; by
substituting ``$154,890,000'' for ``$156,730,000'' each place it
appears; and by substituting ``2011'' for ``2010'' each place it
appears.
Sec. 1724. Notwithstanding section 1101, the level for ``Department
of the Interior, Minerals Management Service, Oil Spill Research'' shall
be $11,768,000.
Sec. 1725. During fiscal year 2011, the Secretary of the Interior,
in order to implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may establish accounts and
transfer funds among and between the offices and bureaus affected by the
reorganization only in conformance with the Committees on Appropriations
of the House of Representatives and the Senate reprogramming guidelines
described in the joint explanatory statement of managers accompanying
Public Law 111-88.
Sec. 1726. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Indian Affairs, Operation of Indian
Programs'' shall be $2,334,515,000: Provided,
That <<NOTE: Applicability.>> the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds appropriated
by this division as follows: by substituting ``$220,000,000'' for
``$166,000,000''; by substituting ``$585,411,000'' for ``$568,702,000'';
and by substituting ``$46,373,000'' for ``$43,373,000''.
Sec. 1727. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Indian Affairs, Construction'' shall be
$210,000,000.
Sec. 1728. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians'' shall be
$46,480,000, of which $0 shall be for the matter pertaining to Public
Law 109-379.
Sec. 1729. Notwithstanding section 1101, the level for ``Department
of the Interior, Bureau of Indian Affairs, Indian Land Consolidation''
shall be $0.
Sec. 1730. Notwithstanding section 1101, the level for ``Department
of the Interior, Departmental Offices, Insular Affairs, Assistance to
Territories'' <<NOTE: Applicability.>> shall be $84,295,000: Provided,
That the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this division by
substituting ``$75,015,000'' for ``$75,915,000''.
Sec. 1731. Notwithstanding section 1101, the level for ``Department
of the Interior, Departmental Offices, Office of the Special Trustee for
American Indians, Federal Trust Programs'' shall be $161,000,000:
Provided, That <<NOTE: Applicability.>> the amounts included under such
heading in division A of Public Law 111-88, as amended by Public Law
111-212, shall be applied to funds appropriated by this division by
substituting ``$31,534,000'' for ``$47,536,000''.
Sec. 1732. Notwithstanding section 1101, the level for ``Department
of the Interior, Department-wide Programs, Wildland Fire
Management'' <<NOTE: Applicability.>> shall be $919,897,000: Provided,
That the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this division by
substituting ``$0'' for ``$125,000,000'': Provided further,
That <<NOTE: Rescission.>> of the unobligated balances available under
such heading in division A of Public Law 111-88 and prior appropriations
Acts, $200,000,000
[[Page 125 STAT. 152]]
is rescinded: Provided further, That no amounts in this section may be
rescinded from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget Emergency Deficit Control Act of 1985.
Sec. 1733. Section 121 of division A of Public Law 111-88 (123
Stat. 2930), concerning joint ticketing at the Pearl Harbor Naval
Complex, is amended in subsection (b)(1) by striking ``may enter'' and
inserting ``may, for this fiscal year and each fiscal year thereafter,
enter''.
Sec. 1734. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Science and Technology'' shall be
$815,110,000.
Sec. 1735. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Environmental Programs and
Management'' shall be $2,761,994,000: Provided, That of the funds
included under this heading $416,875,000 shall be for Geographic
Programs: Provided further, That of such amounts for Geographic
Programs, $300,000,000 shall be for the Great Lakes Restoration
Initiative.
Sec. 1736. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Buildings and Facilities'' shall be
$36,501,000, of which $0 shall be for the planning and design of a high-
performance green building to consolidate the multiple offices and
research facilities of the Environmental Protection Agency in Las Vegas,
Nevada.
Sec. 1737. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Hazardous Substance Superfund'' shall
be $1,283,475,000: Provided, That <<NOTE: Applicability.>> the matter
under such heading in division A of Public Law 111-88 shall be applied
to funds appropriated by this division as follows: by substituting
``$1,283,475,000'' for ``$1,306,541,000'' the second place it appears;
and by substituting ``September 30, 2010'' for ``September 30, 2009''.
Sec. 1738. Notwithstanding section 1101, the level for
``Environmental Protection Agency, State and Tribal Assistance Grants''
shall be $3,766,446,000: Provided, That <<NOTE: Applicability.>> the
amounts included under such heading in division A of Public Law 111-88
shall be applied to funds appropriated by this division as follows: by
substituting ``$1,525,000,000'' for ``$2,100,000,000''; by substituting
``$965,000,000'' for ``$1,387,000,000''; by substituting ``$10,000,000''
for ``$17,000,000''; by substituting ``$10,000,000'' for
``$13,000,000''; by substituting ``$0'' for ``$156,777,000''; by
substituting ``$50,000,000'' for ``$60,000,000''; by substituting ``$0''
for ``$20,000,000''; by substituting ``$1,106,446,000'' for
``$1,116,446,000''; and by substituting ``$0'' for ``$10,000,000'' the
second place it appears (pertaining to competitive grants for
communities).
Sec. 1739. Notwithstanding <<NOTE: Applicability.>> section 1101,
the amounts authorized to transfer under the heading ``Environmental
Protection Agency, Administrative Provisions, Environmental Protection
Agency'' in division A of Public Law 111-88 shall be applied to funds
appropriated by this division by substituting ``$300,000,000'' for
``$475,000,000''.
Sec. 1740. Of the unobligated balances available for
``Environmental Protection Agency, State and Tribal Assistance Grants'',
$140,000,000 is rescinded: Provided, That the <<NOTE: Proposed
allocation. Deadline.>> Administrator of the Environmental Protection
Agency shall submit to the Committees on Appropriations of the House of
Representatives and the Senate
[[Page 125 STAT. 153]]
a proposed allocation of such rescinded amounts among programs,
projects, and activities and such allocation shall take effect 30 days
after such submission: Provided further, That no amounts may be
rescinded from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Act of 1985.
Sec. 1741. Notwithstanding section 1101, the level for ``Department
of Agriculture, Forest Service, Forest and Rangeland Research'' shall be
$307,252,000.
Sec. 1742. Notwithstanding section 1101, the level for ``Department
of Agriculture, Forest Service, State and Private Forestry'' shall be
$278,151,000: Provided, That <<NOTE: Applicability.>> the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this division by substituting
``$53,000,000'' for ``$76,460,000''.
Sec. 1743. Notwithstanding section 1101, the level for ``Department
of Agriculture, Forest Service, National Forest System'' shall be
$1,545,339,000, of which $15,000,000 shall be deposited into the
Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f), and of which
$336,722,000 shall be for forest products.
Sec. 1744. Notwithstanding section 1101, the level for ``Department
of Agriculture, Forest Service, Capital Improvement and
Maintenance'' <<NOTE: Applicability.>> shall be $473,591,000: Provided,
That the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this division by
substituting ``$45,000,000'' for ``$90,000,000''.
Sec. 1745. Notwithstanding section 1101, the level for ``Department
of Agriculture, Forest Service, Land Acquisition'' shall be $33,000,000.
Sec. 1746. Notwithstanding section 1101, the level for ``Department
of Agriculture, Forest Service, Wildland Fire Management'' shall be
$2,172,387,000: Provided, That <<NOTE: Applicability.>> the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this division as follows: by
substituting ``$0'' for ``$75,000,000''; by substituting ``$11,500,000''
for ``$11,600,000''; and by substituting ``$65,000,000'' for
``$71,250,000''.
Sec. 1747. Notwithstanding section 1101, the level for ``Department
of Agriculture, Forest Service, FLAME Wildfire Suppression Reserve
Fund'' shall be $291,000,000. Provided, <<NOTE: Rescission.>> That of
the unobligated balances available under such heading in division A of
Public Law 111-88, $200,000,000 is rescinded.
Sec. 1748. The authority provided by section 337 of the Department
of the Interior and Related Agencies Appropriations Act, 2005 (Public
Law 108-447; 118 Stat. 3102), as amended, shall remain in effect until
September 30, 2011.
Sec. 1749. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, Indian Health Service, Indian Health
Services'' shall be $3,672,618,000.
Sec. 1750. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, Indian Health Service, Indian Health
Facilities'' shall be $404,757,000.
Sec. 1751. Notwithstanding section 1101, the level for ``Chemical
Safety and Hazard Investigation Board, Salaries and Expenses'' shall be
$10,799,000: Provided, That the matter pertaining to methyl isocyanate
in the last proviso under such heading in division
[[Page 125 STAT. 154]]
A of Public Law 111-88 shall not apply to funds appropriated by this
division.
Sec. 1752. Notwithstanding section 1101, the level for
``Smithsonian Institution, Legacy Fund'' shall be $0.
Sec. 1753. Notwithstanding section 1101, the level for ``National
Gallery of Art, Repair, Restoration and Renovation of Buildings'' shall
be $48,221,000: Provided, That <<NOTE: Applicability.>> the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this division by substituting
``$42,250,000'' for ``$40,000,000''.
Sec. 1754. Notwithstanding section 1101, the level for ``John F.
Kennedy Center for the Performing Arts, Operations and
Maintenance'' <<NOTE: Applicability.>> shall be $22,500,000: Provided,
That the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this division by
substituting ``$0'' for ``$500,000'': Provided further, That the first
proviso under such heading in division A of Public Law 111-
88 <<NOTE: 123 Stat. 2953.>> is amended by striking ``until expended''
and all that follows and inserting ``until September 30, 2011''.
Sec. 1755. Notwithstanding section 1101, the level for ``John F.
Kennedy Center for the Performing Arts, Capital Repair and Restoration''
shall be $13,920,000.
Sec. 1756. Notwithstanding section 1101, the level for ``Woodrow
Wilson International Center for Scholars, Salaries and Expenses'' shall
be $11,225,000.
Sec. 1757. Notwithstanding section 1101, the level for ``National
Foundation on the Arts and the Humanities, National Endowment for the
Arts, Grants and Administration'' shall be $155,000,000.
Sec. 1758. Notwithstanding section 1101, the level for ``National
Foundation on the Arts and the Humanities, National Endowment for the
Humanities, Grants and Administration'' shall be $155,000,000: Provided,
That <<NOTE: Applicability.>> the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds appropriated
by this division by substituting ``$140,700,000'' for ``$153,200,000''.
Sec. 1759. Notwithstanding section 1101, the level for ``Commission
of Fine Arts, National Capital Arts and Cultural Affairs'' shall be
$3,000,000.
Sec. 1760. Notwithstanding section 1101, the level for ``Presidio
Trust, Presidio Trust Fund'' shall be $15,000,000.
Sec. 1761. Notwithstanding section 1101, the level for ``Dwight D.
Eisenhower Memorial Commission, Salaries and Expenses'' shall be $0.
Sec. 1762. Notwithstanding section 1101, the level for ``Dwight D.
Eisenhower Memorial Commission, Capital Construction'' shall be $0.
Sec. 1763. Section 409 of division A of Public Law 111-88 (123
Stat. 2957) is amended by striking ``and 111-8'' and inserting ``111-8,
and 111-88'', and by striking ``2009'' and inserting ``2010''.
Sec. 1764. Notwithstanding section 1101, the level for section 415
of division A of Public Law 111-88 shall be $0.
Sec. 1765. Section <<NOTE: Applicability.>> 423 of division A of
Public Law 111-88 (123 Stat. 2961), concerning the distribution of
geothermal energy receipts, shall have no force or effect and the
distribution formula contained in section 3003(a) of Public Law 111-212
(124 Stat. 2338) shall apply for fiscal year 2011.
[[Page 125 STAT. 155]]
Sec. 1766. Section 433 of division A of Public Law 111-88 (123
Stat. 2965) is amended by striking ``2010'' and ``2009'' and inserting
``2011'' and ``2010'', respectively.
Sec. 1767. Section 7 of Public Law 99-647, as amended by section
702(d) of Public Law 109-338, <<NOTE: 16 USC 461 note.>> is further
amended by striking ``5 years'' and inserting ``6 years''.
Sec. 1768. Not <<NOTE: Deadline. Plan.>> later than 30 days after
the date of enactment of this division, each of the following
departments and agencies shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
spending, expenditure, or operating plan for fiscal year 2011 at a level
of detail below the account level:
(1) Department of the Interior.
(2) Environmental Protection Agency.
(3) Department of Agriculture, Forest Service.
(4) Department of Health and Human Services, Indian Health
Service.
(5) Smithsonian Institution.
(6) National Endowment for the Arts.
(7) National Endowment for the Humanities.
Sec. 1769. For the fiscal year ending September 30, 2011, none of
the funds made available by this division or any other Act may be used
to implement, administer, or enforce Secretarial Order No. 3310 issued
by the Secretary of the Interior on December 22, 2010.
TITLE VIII--LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
Sec. 1801. (a) Notwithstanding section 1101, the level for
``Department of Labor, Employment and Training Administration, Training
and Employment Services'' shall be $1,575,648,000 plus reimbursements,
of which--
(1) $543,079,000 shall be available for obligation for the
period July 1, 2011, through June 30, 2012, of which $59,040,000
shall be available for adult employment and training activities,
$203,840,000 shall be available for dislocated worker employment
and training activities, $24,160,000 shall be available for the
dislocated worker assistance national reserve, $10,000,000 shall
be available for pilots, demonstrations, and research activities
of which no funds shall be available for Transitional Jobs
activities, and $85,561,000 shall be available for reintegration
of ex-offenders of which no funds shall be available for
Transitional Jobs <<NOTE: Applicability.>> activities: Provided,
That the amounts included for national activities under such
heading in division D of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$0'' for
``$48,889,000'';
(2) $907,569,000 shall be available for obligation for the
period April 1, 2011, through June 30, 2012, including
$827,569,000 for youth activities and $80,000,000 for
YouthBuild;
(3) $125,000,000 shall remain available until September 30,
2012, and shall be available to the Secretary of Labor for the
Workforce Innovation Fund, as established by this division to
carry out projects that demonstrate innovative strategies or
replicate effective evidence-based strategies that align and
[[Page 125 STAT. 156]]
strengthen the workforce investment system in order to improve
program delivery and education and employment outcomes for
program beneficiaries: Provided, That amounts shall be available
for awards to States or State agencies that are eligible for
assistance under any program authorized under the Workforce
Investment Act of 1998 (``WIA''), consortia of States, or
partnerships, including regional partnerships: Provided further,
That notwithstanding section 128(a)(1) of the WIA, the amount
available to the Governor for statewide activities shall not
exceed 5 percent of the amount allotted to the State from the
appropriation under this subparagraph;
(4) no funds shall be available for the Green Jobs
Innovation Fund; and
(5) no funds shall be available for the Career Pathways
Innovation Fund.
(b) Of <<NOTE: Rescission.>> the funds made available in division D
of Public Law 111-117 for the Career Pathways Innovation Fund,
$125,000,000 is rescinded.
Sec. 1802. Of the funds made available by section 1101 of this
division for ``Department of Labor, Departmental Management, Office of
Job Corps'' for construction, rehabilitation, and acquisition of Job
Corps centers, the Secretary of Labor may transfer up to 25 percent to
meet the operational needs of Job Corps centers: Provided, That no funds
shall be available to initiate a competition for any new Job Corps
center not previously approved through a competitive
selection <<NOTE: Rescission.>> process by the Secretary of Labor:
Provided further, That of the unobligated balances of the funds made
available for ``Department of Labor, Departmental Management, Office of
Job Corps'', $75,000,000 is rescinded.
Sec. 1803. Notwithstanding <<NOTE: Applicability.>> section 1101,
the level for ``Department of Labor, Employment and Training
Administration, Community Service Employment for Older Americans'' shall
be $450,000,000, and for purposes of funds appropriated by this
division, the amounts under such heading in division D of Public Law
111-117 shall be applied by substituting ``$0'' for ``$225,000,000'',
and the first and second provisos under such heading in such division
shall not apply.
Sec. 1804. Notwithstanding section 1101, the level which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund for administrative expenses of ``Department of
Labor, Employment and Training Administration, State Unemployment
Insurance and Employment Service Operations'' shall be $4,024,490,000
(which includes all amounts available to conduct in-person reemployment
and eligibility assessments and unemployment insurance improper payment
reviews), of which $3,245,645,000 shall be available for unemployment
compensation State operations, $50,519,000 shall be available for
Federal administration of foreign labor certifications, and $15,129,000
shall be available for grants to States for the administration of such
activities. For purposes of this <<NOTE: Applicability.>> section, the
first proviso under such heading in division D of Public Law 111-117
shall be applied to funds appropriated by this division by substituting
``2011'' and ``$6,180,000'' for ``2010'' and ``$5,059,000'',
respectively.
Sec. 1805. Funds appropriated by section 1101 of this division to
the Department of Labor's Employment and Training Administration for
technical assistance services to grantees may be transferred to
``Department of Labor, Employment and Training Administration,
[[Page 125 STAT. 157]]
Program Administration'' if it is determined that those services will be
more efficiently performed by Federal staff.
Sec. 1806. Notwithstanding section 1101, the level for ``Department
of Labor, Employment Standards Administration, Salaries and Expenses''
shall be $485,255,000, together with $2,124,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act: Provided,
That funds provided in this section may be allocated among the agencies
included in this account and may be transferred to any other account
within the Department of Labor for program direction and support of the
agencies funded in this section.
Sec. 1807. Notwithstanding <<NOTE: Applicability.>> section 1101,
the level for ``Department of Labor, Mine Safety and Health
Administration, Salaries and Expenses'' shall be $363,843,000, of which
up to $3,000,000 shall be available to the Secretary of Labor to be
transferred to ``Departmental Management, Salaries and Expenses'' for
activities related to the Department of Labor's caseload before the
Federal Mine Safety and Health Review Commission, and the amounts
included under the heading ``Department of Labor, Mine Safety and Health
Administration, Salaries and Expenses'' in division D of Public Law 111-
117 shall be applied to funds appropriated in this division by
substituting ``$0'' for ``$1,450,000'' and by substituting
``$1,350,000'' for ``$1,000,000''.
Sec. 1808. Notwithstanding section 1101, the level for ``Department
of Labor, Departmental Management'' shall be $367,827,000, together with
not to exceed $327,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund, and the
third proviso under such heading in division D of Public Law 111-117
shall not apply to funds
appropriated <<NOTE: Deadline. Notification.>> in this division:
Provided, That of the funds made available by this section, not less
than $21,332,000 may be used by the Secretary of Labor for the purposes
of program evaluation, initiatives related to the identification and
prevention of worker misclassification, and other worker protection
activities, and may be transferred by the Secretary (in addition to any
other transfer authority available by this division) to other agencies
of the Department subject to a 15-day advance notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 1809. (a) Of the unobligated balances available in ``Department
of Labor, Working Capital Fund'', $3,900,000 is rescinded, to be derived
solely from amounts available in the Investment in Reinvention Fund
(other than amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985).
(b) The language under the ``Working Capital Fund'' heading in
Public Law 85-67, as amended, is <<NOTE: 29 USC 563.>> further amended
by striking ``Provided further, That within the Working Capital Fund,''
through and including ``, to be available without further appropriation
action:''.
Sec. 1810. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Health Resources and Services
Administration, Health Resources and Services'' shall be $6,274,790,000
of which: (1) not more than $100,000,000 shall be available until
expended for carrying out the provisions of Public
[[Page 125 STAT. 158]]
Law 104-73 and for expenses incurred by the Department of Health and
Human Services pertaining to administrative claims made under such law;
(2) $300,000,000 shall be for the program under title X of the Public
Health Service Act (``PHS Act'') to provide for voluntary family
planning projects; (3) not less than $1,982,865,000 shall remain
available through September 30, 2013 for parts A and B of title XXVI of
the PHS Act, of which not less than $885,000,000 shall be for State AIDS
Drug Assistance Programs under the authority of section 2616 or 311(c)
of such Act; and (4) no funds are provided for section 340G-1 of the PHS
Act.
(b) The sixteenth, eighteenth, nineteenth, twenty-second, and
twenty-fifth provisos under the heading ``Department of Health and Human
Services, Health Resources and Services Administration, Health Resources
and Services'' in division D of Public Law 111-117 shall not apply to
funds appropriated by this division.
(c) Sections 747(c)(2), and 751(j)(2) of the PHS Act, and the
proportional funding amounts in paragraphs (1) through (4) of section
756(e) of such Act shall not apply to funds made available by this
division for ``Department of Health and Human Services, Health Resources
and Services Administration, Health Resources and Services''.
(d) For any <<NOTE: Waiver authority.>> program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services may waive any of the requirements contained
in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act.
(e) For <<NOTE: Applicability.>> purposes of this section, section
10503(d) of Public Law 111-148 shall be applied as if ``, over the
fiscal year 2008 level,'' were stricken from such section.
Sec. 1811. (a) Notwithstanding section 1101, the level for the first
undesignated paragraph under the heading ``Department of Health and
Human Services, Centers for Disease Control and Prevention, Disease
Control, Research, and Training'' in division D of Public Law 111-117
shall be $5,660,291,000, of which $523,533,000 shall remain available
until expended for the Strategic National Stockpile under section 319F-2
of the PHS Act.
(b) The <<NOTE: Applicability.>> matter included before the first
proviso under the heading ``Department of Health and Human Services,
Centers for Disease Control and Prevention, Disease Control, Research,
and Training'' in division D of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$0'' for
``$20,620,000'', by substituting ``$22,000,000'' for ``$70,723,000'',
and as if ``of which $69,150,000 shall remain available until expended
for acquisition of real property, equipment, construction and
renovations of facilities;'' were stricken from such paragraph.
(c) Paragraphs (1) through (3) of section 2821(b) of the PHS Act
shall not apply to funds made available by this division.
(d) Notwithstanding section 1101, funds appropriated for
``Department of Health and Human Services, Centers for Disease Control
and Prevention, Disease Control, Research, and Training'' shall also be
available to carry out title II of the Immigration and Nationality Act.
(e) Notwithstanding section 1101, funds made available by this
division may be available for acquisition of real property and necessary
repairs of facilities owned, leased, or operated by the Centers for
Disease Control and Prevention: Provided, That such facilities
[[Page 125 STAT. 159]]
relate to mine <<NOTE: Notification. Deadline.>> safety research:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified of the amounts to be
obligated no less than 15 days in advance.
Sec. 1812. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, National Institutes of Health, National
Institute of Allergy and Infectious Diseases'' shall be $4,818,275,000,
and the requirement under ``National Institute of Allergy and Infectious
Diseases'' in division D of Public Law 111-117 for a transfer from
Biodefense Countermeasures funds shall not apply.
Sec. 1813. The amount provided by section 1101 for ``Department of
Health and Human Services, National Institutes of Health'' is reduced by
$210,000,000, through a pro rata reduction in all of the Institutes,
Centers, and Office of the Director accounts within ``Department of
Health and Human Services, National Institutes of Health'' based on the
total funding provided.
Sec. 1814. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, National Institutes of Health, Buildings
and Facilities'' shall be $50,000,000.
Sec. 1815. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Substance Abuse and Mental
Health Services Administration, Substance Abuse and Mental Health
Services'' shall be $3,386,311,000, of which: (1) not less than
$40,800,000 shall be for the National Child Traumatic Stress Initiative;
and (2) no funds shall be available for the National All Schedules
Prescription Electronic Reporting system.
(b) The <<NOTE: Applicability.>> amount included before the first
proviso under the heading ``Department of Health and Human Services,
Substance Abuse and Mental Health Services Administration, Substance
Abuse and Mental Health Services'' in division D of Public Law 111-117
shall be applied to funds appropriated by this division by substituting
``$0'' for ``$14,518,000''.
(c) The second proviso under the heading ``Department of Health and
Human Services, Substance Abuse and Mental Health Services
Administration, Substance Abuse and Mental Health Services'' in division
D of Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1816. <<NOTE: Applicability.>> Notwithstanding section 1101,
the amount included under the heading ``Department of Health and Human
Services, Agency for Healthcare Research and Quality, Healthcare
Research and Quality'' in division D of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$372,053,000'' for ``$397,053,000''.
Sec. 1817. Notwithstanding section 1101, for payment to the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as provided under sections 217(g), 1844, and
1860D-16 of the Social Security Act, sections 103(c) and 111(d) of the
Social Security Amendments of 1965, section 278(d) of Public Law 97-248,
and for administrative expenses incurred pursuant to section 201(g) of
the Social Security Act, $229,464,000,000.
Sec. 1818. (a) Notwithstanding section 1101, the level for amounts
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund for ``Department of
Health and Human Services, Centers for Medicare and Medicaid Services,
Program Management'' shall
[[Page 125 STAT. 160]]
be $3,470,242,000, of which the level for the Research, Demonstration,
and Evaluation program shall be $35,600,000.
(b) The <<NOTE: Applicability.>> amount under the third proviso
under the heading ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Program Management'' in division D of
Public Law 111-117 shall be applied to funds appropriated by this
division by substituting ``$9,120,000'' for ``$65,600,000''.
(c) The sixth proviso under the heading ``Department of Health and
Human Services, Centers for Medicare and Medicaid Services, Program
Management'' in division D of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1819. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Low Income Home Energy Assistance'' shall be
$4,710,000,000, of which $4,509,672,000 shall be for payments under
subsections (b) and (d) of section 2602 of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621); and of which $200,328,000 shall
be for payments under subsection (e) of such Act, to be made
notwithstanding the designation requirements of such subsection.
(b) The second proviso under the heading ``Department of Health and
Human Services, Administration for Children and Families, Low Income
Home Energy Assistance'' in division D of Public Law 111-117 shall not
apply to funds appropriated by this division.
Sec. 1820. Of <<NOTE: Rescission.>> the unobligated balances
available for ``Department of Health and Human Services, Administration
for Children and Families, Refugee and Entrant Assistance'' from funds
appropriated under this heading in fiscal year 2010 and prior fiscal
years, $25,000,000 is rescinded.
Sec. 1821. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Payments to States for the Child Care and Development
Block Grant'' shall be $2,227,081,000.
(b) The amount included in the first proviso under the heading
``Department of Health and Human Services, Administration for Children
and Families, Payments to States for the Child Care and Development
Block Grant'' in division D of Public Law 111-117 shall be applied to
funds appropriated by this division by substituting ``$0'' for
``$1,000,000''.
(c) The <<NOTE: Applicability.>> amounts included in the second
proviso under the heading ``Department of Health and Human Services,
Administration for Children and Families, Payments to States for the
Child Care and Development Block Grant'' in division D of Public Law
111-117 shall be applied to funds appropriated by this division by
substituting ``$284,160,000'' for ``$271,401,000'', and by substituting
``$104,213,000'' for ``$99,534,000''.
Sec. 1822. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Children and Families Services Programs'' shall be
$9,538,433,000, of which: (1) $7,574,783,000 shall be for making
payments under the Head Start Act; and (2) $703,000,000 shall be for
making payments under the Community Services Block Grant (``CSBG'') Act,
of which $23,350,000 shall be for sections 680 and 678E(b)(2), of which
$18,000,000 shall be for section 680(a)(2), and not less than $5,000,000
shall be for section 680(a)(3)(B) of the CSBG Act.
[[Page 125 STAT. 161]]
(b) For purposes of allocating such funds under the Head Start Act,
the term ``base grant'' as used in subsection (a)(7)(A) of section 640
of such Act with respect to funding provided to a Head Start agency
(including each Early Head Start agency) for fiscal year 2010 shall be
deemed to include 50 percent of the funds appropriated under
``Department of Health and Human Services, Administration for Children
and Families, Children and Families Services Programs'' in Public Law
111-5 provided to such agency for carrying out expansion of Head Start
programs, as that phrase is used in subsection (a)(4)(D) of such section
640, and provided to such agency as the ongoing funding level for
operations in the 12 month budget period beginning in fiscal year 2010.
(c) The fourteenth and fifteenth provisos under the heading
``Department of Health and Human Services, Administration for Children
and Families, Children and Families Services Programs'' in division D of
Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1823. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration on Aging,
Aging Services Programs'' shall be $1,500,323,000, of which $440,783,000
shall be for congregate nutrition, $217,676,000 shall be for home-
delivered nutrition, and $27,708,000 shall be for Native American
nutrition: Provided, That the total amount available for fiscal year
2011 under this and any other Act to carry out activities related to
Aging and Disability Resource Centers under subsections (a)(20)(B)(iii)
and (b)(8) of section 202 of the Older Americans Act shall not exceed
the amount obligated for such purposes for fiscal year 2010 from funds
available under Public Law 111-117.
(b) The first proviso under the heading ``Department of Health and
Human Services, Administration on Aging, Aging Services Programs'' in
division D of Public Law 111-117 shall not apply to funds appropriated
by this division.
(c) None of the funds appropriated by this division for ``Department
of Health and Human Services, Administration on Aging, Aging Services
Programs'' shall be used to carry out sections 1701 and 1703 of the PHS
Act (with respect to chronic disease self-management activity grants),
except that such funds may be used for necessary expenses associated
with administering any such grants awarded prior to the date of the
enactment of this division.
Sec. 1824. Notwithstanding section 1101, the level for ``Department
of Health and Human Services, Office of the Secretary, General
Departmental Management'' from the General Fund shall be
$651,786,000: <<NOTE: Applicability.>> Provided, That amounts included
under such heading in division D of Public Law 111-117 shall be applied
to funds appropriated by this division by substituting ``$0'' for
``$5,789,000'': Provided further, That the second and seventh provisos
under such heading in division D of Public Law 111-117 shall not apply
to funds appropriated by this division: Provided further, That none of
the funds made available in this division shall be for carrying out
activities specified under section 2003(b)(2) or (3) of the PHS Act:
Provided further, That of the amount included under the heading
``Department of Health and Human Services, Office of the Secretary,
General Departmental Management'' up to $175,905,000 may be transferred
to other appropriation accounts within the Department of Health and
Human Services to carry out the Secretary's
responsibilities: <<NOTE: Applicability.>> Provided further, That
amounts included under such heading in division D of Public Law 111-
[[Page 125 STAT. 162]]
117 shall be applied to funds appropriated by this division by
substituting in the third proviso ``$105,000,000'' for ``$110,000,000''.
Sec. 1825. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the Secretary,
Public Health and Social Services Emergency Fund'' shall be
$676,180,000, of which $65,578,000 shall be for expenses necessary to
prepare for and respond to an influenza pandemic, none of which shall be
available past September 30, 2011, and $35,000,000, to remain available
until expended, shall be for expenses necessary for fit-out and other
costs related to a competitive lease procurement to renovate or replace
the existing headquarters building for Public Health Service agencies
and other components of the Department of Health and Human Services:
Provided, That in addition, $415,000,000 of the funds transferred to the
account under the heading ``Department of Health and Human Services,
Office of the Secretary, Public Health and Social Services Emergency
Fund'' in Public Law 111-117 under the fourth paragraph under such
heading may be used to support advanced research and development
pursuant to section 319L of the PHS Act and other administrative
expenses of the Biomedical Advanced Research and Development Authority:
Provided further, That the first proviso in the first paragraph under
such heading in division D of Public Law 111-117 and the language in
such paragraph designating $10,000,000 to support delivery of medical
countermeasures shall not apply to funds provided in this section:
Provided further, That the fourth paragraph under such heading shall not
apply to funds appropriated by this division.
(b) Of the amounts provided under the heading ``Department of Health
and Human Services, Office of the Secretary, Public Health and Social
Services Emergency Fund'' in Public Laws 111-8 and 111-117 and available
for expenses necessary to prepare for and respond to an influenza
pandemic, $170,000,000 may also be used--
(1) to plan, conduct, and support research to advance
regulatory science to improve the ability to determine safety,
effectiveness, quality, and performance of medical
countermeasure products against chemical, biological,
radiological, and nuclear agents including influenza virus; and
(2) to analyze, conduct, and improve regulatory review and
compliance processes for such products.
Sec. 1826. <<NOTE: Rescission.>> Of the funds made available for
``Department of Health and Human Services, Office of the Secretary,
Public Health and Social Services Emergency Fund'' in Public Law 111-32,
$1,259,000,000 is rescinded, to be derived only from those amounts which
have not yet been designated by the President as emergency funds.
Sec. 1827. <<NOTE: 42 USC 300u-6a note.>> Hereafter, no funds
appropriated by this division or by any previous or subsequent Act shall
be subject to the allocation requirements of section 1707A(e) of the PHS
Act.
Sec. 1828. Hereafter, no funds appropriated by this division or by
any previous or subsequent Act shall be available for transfer under
section 274 of the PHS Act.
Sec. 1829. <<NOTE: 42 USC 239l-3 note.>> (a) Notwithstanding section
1101, the level for ``Department of Education, Education for the
Disadvantaged'' shall be $4,725,891,000, of which $4,628,056,000 shall
become available on July 1, 2011, and remain available through September
30, 2012, for academic year 2011-2012: Provided, That not more than
[[Page 125 STAT. 163]]
$8,167,000 shall be available to carry out sections 1501 and 1503 of the
Elementary and Secondary Education Act of 1965 (``ESEA'').
(b) The seventh proviso under the heading ``Department of Education,
Education for the Disadvantaged'' in division D of Public Law 111-117
shall be applied by substituting ``$535,633,000'' for ``$545,633,000''
and the tenth, eleventh and twelfth provisos shall not apply to funds
appropriated by this division.
Sec. 1830. For purposes of this division, the
proviso <<NOTE: Applicability.>> under the heading ``Department of
Education, Impact Aid'' in division D of Public Law 111-117 shall be
applied by substituting ``2010-2011'' for ``2009-2010''.
Sec. 1831. (a) Notwithstanding section 1101, the level for
``Department of Education, School Improvement Programs'' shall be
$2,924,791,000, of which $2,754,244,000 shall become available on July
1, 2011, and remain available through September 30, 2012, for academic
year 2011-2012: Provided, That of the amounts available for such
heading: (1) no funds shall be available for activities authorized under
part D of title II of the ESEA, or subpart 6 of part D of title V of the
ESEA, or part Z of title VIII of the Higher Education Act of 1965; (2)
$26,928,000 shall be available to carry out part D of title V of the
ESEA; (3) for purposes of this section, up to $11,500,000 shall be
available for activities described in the twelfth proviso under such
heading in division D of Public Law 111-117; (4) $380,732,000 shall be
for State assessments authorized under section 6111 of the ESEA and
$10,000,000 shall be for enhanced assessment instruments authorized
under section 6112 of the ESEA; and (5) up to 1 percent of the funds for
subpart 1 of part A of title II of the ESEA shall be reserved by the
Secretary of Education for competitive awards for teacher training or
professional enhancement activities to national not-for-profit
organizations.
(b) The seventh proviso shall be applied
by <<NOTE: Applicability.>> substituting ``$51,313,000'' for
``$56,313,000'' and the second, third, fifth, sixth, eighth and
thirteenth provisos under the heading ``Department of Education, School
Improvement Programs'' in division D of Public Law 111-117 shall not
apply to funds appropriated by this division.
Sec. 1832. (a) Notwithstanding section 1101, the level for
``Department of Education, Innovation and Improvement'' shall be
$1,859,899,000, of which--
(1) $850,000,000 shall become available on the date of
enactment of this division, and remain available through
December 31, 2011, $440,982,000 shall be available to carry out
part D of title V of the ESEA, and no funds shall be available
for activities authorized under section 2151(c) of the ESEA,
section 1504 of the ESEA, or part F of title VIII of the Higher
Education Act of 1965; and
(2) not more than $150,000,000 may be used to make
awards under section 14007 of division A of Public Law 111-5 and
not more than $700,000,000 may be used to make awards to States
under section 14006 of division A of Public Law 111-5, as
amended by subsection (b) of this <<NOTE: Spending plan.>>
section: Provided, That none of such funds shall be made
available prior to
[[Page 125 STAT. 164]]
the submission of a detailed spending plan outlining the proposed
competitions and priorities to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That awards
may be made on the basis of previously <<NOTE: Grants.>> submitted
applications: Provided further, That the Secretary of Education shall
administer grants for improving early childhood care and education
jointly with the Secretary of Health and Human Services on such terms as
such Secretaries set forth in an interagency agreement: Provided
further, That the Secretary of Education shall be responsible for
obligating and disbursing funds and ensuring compliance with applicable
laws and administrative requirements with regard to
such <<NOTE: Evaluations.>> awards: Provided further, That the Secretary
shall provide, on a timely and periodic basis, the findings from
evaluations, including impact evaluations and interim progress
evaluations, of activities conducted using funds previously obligated
under sections 14006 and 14007 of division A of Public Law 111-5,
including Race to the Top and the Investing in Innovation Fund, to the
Committees on Appropriations of the House of Representatives and the
Senate.
(b) Division A of Public Law 111-5, as amended, is further amended--
(1) in section 14005(d), <<NOTE: 123 Stat. 282.>> by adding
at the end the following:
``(6) Improving early childhood care and education.--The
State will take actions to--
``(A) increase the number and percentage of low-
income and disadvantaged children in each age group of
infants, toddlers, and pre-schoolers who are enrolled in
high-quality early learning programs;
``(B) design and implement an integrated system of
high-quality early learning programs and services; and
``(C) ensure that any use of assessments conforms
with the recommendations of the National Research
Council's reports on early childhood.''; and
(2) in section 14006-- <<NOTE: 123 Stat. 283.>>
(A) in subsection (b), by striking ``and (5)'' and
inserting ``(5), or (6)''; and
(B) in subsection (c)(2), by inserting before the
period ``, or to a State or States for improving early
childhood care and education''.
(c) The first, third, fourth, seventeenth and eighteenth provisos
under the heading ``Department of Education, Innovation and
Improvement'' in division D of Public Law 111-117 shall not apply to
funds appropriated by this division.
Sec. 1833. (a) Notwithstanding section 1101, the level for
``Department of Education, Safe Schools and Citizenship Education''
shall be $289,043,000, of which, notwithstanding section 2343(b) of the
ESEA, $1,157,000 is for the continuation costs of awards made on a
competitive basis under section 2345 of the ESEA, $161,500,000 shall be
available to carry out part D of title V, and $126,386,000 shall be for
subpart 2 of part A of title IV of the ESEA: Provided, That $30,000,000
shall be available for Promise Neighborhoods and be available through
December 31, 2011.
(b) The first, second, and third provisos under the heading
``Department of Education, Safe Schools and Citizenship Education''
[[Page 125 STAT. 165]]
in division D of Public Law 111-117 shall not apply to funds
appropriated by this division.
Sec. 1834. Notwithstanding section 1101, the level for ``Department
of Education, English Language Acquisition'' shall be $735,000,000.
Sec. 1835. (a) Notwithstanding section 1101, the level for
``Department of Education, Special Education'' shall be $3,975,665,000,
of which $3,726,354,000 shall become available on July 1, 2011, and
remain available through September 30, 2012, for academic year 2011-
2012.
(b) The <<NOTE: Applicability.>> first and second provisos under the
heading ``Department of Education, Special Education'' in division D of
Public Law 111-117 shall not apply to funds appropriated by this
division.
(c) The third proviso under such heading shall be applied by
substituting ``2010'' for ``2009''.
Sec. 1836. (a) Notwithstanding section 1101, the level for
``Department of Education, Rehabilitation Services and Disability
Research'' shall be $3,475,500,000.
(b) The second proviso under the heading ``Department of Education,
Rehabilitation Services and Disability Research'' in division D of
Public Law 111-117 shall not apply to funds appropriated by this
division.
Sec. 1837. Notwithstanding section 1101, the level for ``Department
of Education, Special Institutions for Persons with Disabilities,
National Technical Institute for the Deaf'' shall be $65,677,000, of
which $240,000 shall be available for construction.
Sec. 1838. (a) Notwithstanding section 1101, the level for
``Department of Education, Career, Technical, and Adult Education''
shall be $951,432,000 which shall become available on July 1, 2011, and
remain available through September 30, 2012 for academic year 2011-2012:
Provided, That of the amounts available for such heading, no funds shall
be available for activities authorized under subpart 4 of part D of
title V of the ESEA, or part D of title VIII of the Higher Education
Amendments of 1998.
(b) The first, second, third, seventh and eighth provisos under the
heading ``Department of Education, Career, Technical, and Adult
Education'' in division D of Public Law 111-117 shall not apply to funds
appropriated by this division.
Sec. 1839. (a) Notwithstanding section 1101, the level for
``Department of Education, Student Financial Assistance'' shall be
$24,719,957,000, of which $23,002,000,000 shall be available to carry
out subpart 1 of part A of title IV of the Higher Education Act of 1965
and no funds shall be available for activities authorized under subpart
4 of part A of title IV of the Higher Education Act of 1965.
(b) The <<NOTE: Grants. 20 USC 1070a note.>> maximum Pell grant for
which a student shall be eligible during award year 2011-2012 shall be
$4,860.
Sec. 1840. Of <<NOTE: Rescission.>> the unobligated balances of
funds made available in subparagraphs (A) through (E) of section
401A(e)(1) of the Higher Education Act of 1965, $560,000,000 is
rescinded.
Sec. 1841. Notwithstanding sections 1101 and 1103, the level for
``Department of Education, Student Aid Administration'' shall be
$994,000,000, which shall remain available through September 30, 2012.
Sec. 1842. (a) Notwithstanding section 1101, the level for
``Department of Education, Higher Education'' shall be $1,907,760,000,
of which no funds shall be available for activities
[[Page 125 STAT. 166]]
authorized under section 428L of part B of title IV of the Higher
Education Act of 1965 (``HEA''), subpart 6 of part A of title IV of the
HEA, subpart 1 of part D of title VII of the HEA, subpart 3 of part A of
title VII of the HEA, section 1543 of the Higher Education Amendments of
1992, part H of title VIII of the Higher Education Amendments of 1998,
or part I of subtitle A of title VI of the America COMPETES Act:
Provided, That the first proviso under the heading ``Department of
Education, Higher Education'' in division D of Public Law 111-117 shall
be replaced by the following: ``Provided, That $8,100,000, to remain
available through September 30, 2012, shall be available to fund
fellowships for academic year 2012-2013 under subpart 1 of part A of
title VII of the Higher Education Act, under the terms and conditions of
such subpart 1'': Provided further, That <<NOTE: Grants.>> the last
proviso under such heading in division D of Public Law 111-117 shall not
apply to funds appropriated by this division, except that $1,000,000
shall be available for competitive grants under section 872 of the HEA.
(b) The seventh, eighth, ninth, tenth, eleventh, twelfth, and
thirteenth provisos under the heading ``Department of Education, Higher
Education'' in division D of Public Law 111-117 shall not apply to funds
appropriated by this division.
Sec. 1843. Notwithstanding section 1101, the level for ``Department
of Education, Historically Black College and University Capital
Financing Program Account'' shall be $20,582,000: Provided, That these
funds are available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed $279,393,000.
Sec. 1844. (a) Notwithstanding section 1101, the level for
``Department of Education, Institute of Education Sciences'' shall be
$610,006,000 and shall remain available through September 30, 2012.
(b) <<NOTE: Time period.>> Notwithstanding subsections (d) and (e)
of section 174 of the Education Sciences Reform Act of 2002, up to
$57,650,000 may be used to extend any contracts to administer the
Regional Educational Laboratories that were in effect on, or entered
into, after January 1, 2011, for a period of not more than 12 months.
Sec. 1845. Notwithstanding section 1101, the level for
``Corporation for National and Community Service, Operating Expenses''
shall be $782,374,000, of which $307,374,000 shall be to carry out the
Domestic Volunteer Service Act of 1973 and $475,000,000 shall be to
carry out the National and Community Service Act of 1990 and
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act.
Sec. 1846. Notwithstanding section 1101, the level for
``Corporation for National and Community Service, National Service
Trust'' shall be $199,659,000.
Sec. 1847. The <<NOTE: Applicability.>> amounts included under the
heading ``Corporation for Public Broadcasting'' in division D of Public
Law 111-117 shall be applied to funds appropriated by this division as
follows: by substituting ``$6,000,000'' for ``$86,000,000''; by
substituting ``$0'' for ``$25,000,000''; by substituting ``$6,000,000''
for ``$36,000,000''; and by substituting ``$0'' for ``$25,000,000''.
Sec. 1848. Notwithstanding section 1101, the level for ``Institute
of Museum and Library Services, Office of Museum and Library Services:
Grants and <<NOTE: Applicability.>> Administration'' shall be
$237,869,000: Provided, That the amounts included under such heading in
division D of Public Law 111-117 shall be applied to funds appropriated
by this division by substituting ``$0'' for ``$16,382,000''.
[[Page 125 STAT. 167]]
Sec. 1849. Notwithstanding section 1101, the level for ``Medicare
Payment Advisory Commission, Salaries and Expenses'' shall be
$12,450,000.
Sec. 1850. Notwithstanding section 1101, the level for ``Railroad
Retirement Board, Dual Benefits Payments Account'' shall be $57,000,000.
Sec. 1851. Notwithstanding section 1101, the level for ``Social
Security Administration, Payments to Social Security Trust Funds'' shall
be $21,404,000, and in addition such funds may be used to carry out
section 217(g) of the Social Security Act.
Sec. 1852. Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration,
Supplemental Security Income Program'' in division D of Public Law 111-
117 shall be $39,983,273,000, of which $3,493,273,000 shall be for
administrative expenses.
Sec. 1853. Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration, Limitation
on Administrative Expenses'' in division D of Public Law 111-117 shall
be $10,775,500,000. In <<NOTE: Applicability.>> addition, the amount
included in the fourth paragraph under such heading in division D of
Public Law 111-117 shall be applied to funds appropriated by this
division by substituting ``$186,000,000'' for ``$160,000,000'' each
place it appears.
Sec. 1854. Of <<NOTE: Rescission.>> the funds appropriated for
``Social Security Administration, Limitation on Administrative
Expenses'' for fiscal years 2010 and prior years and available without
fiscal year limitation (other than funds appropriated in Public Law 111-
5) for investment in information technology and telecommunications
hardware and software infrastructure, $75,000,000 is rescinded.
Sec. 1855. All funds transferred under the authority of section
4002 of Public Law 111-148 shall be subject to the terms and conditions
of section 503 of division D of Public Law 111-117.
gao reports and audits on ppaca implementation and comparative
effectiveness research funding and medicare actuarial analysis of impact
of certain ppaca insurance changes on premiums
Sec. 1856. (a) GAO Report on PPACA Implementation.--Not later than
90 days after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report on the
costs and processes of implementing PPACA. Such report shall include the
following (as of the date of preparation of the report):
(1) A list of the contracts, including the name of the
contractors, their general areas of expertise, and the amount of
money expended on each such contract, entered into by the
Department of Health and Human Services and other Federal
departments and agencies to provide services related to
authority under PPACA that was not previously authorized.
(2) A list of any firms hired by such a Department or agency
to facilitate contracting with such contractors.
(3) A list of consultants who have been hired by such a
Department or agency to assist in implementing PPACA, including
their areas of expertise and the total cost for such
consultants.
(b) GAO Audit of Annual Limit Waiver Requests.--Not later than 60
days after the date of the enactment of this Act,
[[Page 125 STAT. 168]]
the Comptroller General shall submit to Congress a report that includes
the results of an audit of requests for administrative waiver of the
annual limit requirements of section 2711(a) of the Public Health
Service Act (as inserted by section 1001(5) of the Patient Protection
and Affordable Care Act). Such report shall include an analysis of the
number of approvals and denials of such requests and the reasons for
such approval or denial.
(c) Medicare Actuarial Analysis of Projected Premium Impacts of
Applying Certain Requirements.--Not later than 90 days after the date of
the enactment of this Act, the Chief Actuary of the Centers for Medicare
& Medicaid Services shall submit to Congress a report that contains an
estimate of the impact of the guaranteed issue, guaranteed renewal, and
community rating requirements under sections 2701 through 2703 of the
Public Health Service Act, as inserted by section 1201 of the Patient
Protection and Affordable Care Act, on premiums for individuals and
families with employer-sponsored health insurance. Such estimate shall
cover the 10-year period beginning with 2014 and shall include an
estimate of the number of such individuals and families who will
experience a premium increase as a result of such requirements and the
number of such individuals and families who will experience a premium
decrease as a result of such requirements.
(d) GAO Audit of Comparative Effectiveness Research Funding.--Not
later than 60 days after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a report that includes the
results of an audit of expenditures made for comparative effectiveness
research through funds provided to the Agency for Healthcare Research
and Quality, the National Institutes of Health, or any other agency
within the Department of Health and Human Services under title VIII of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or
under PPACA. Such report shall include a description of the expenditures
made, the entities who received such funding, and the purpose of the
funding.
(e) PPACA Defined.--In this section, the term ``PPACA'' means the
Patient Protection and Affordable Care Act (Public Law 111-148) and
includes the amendments made by such Act, title I and subtitle B of
title II of the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), and the amendments made by such title and
subtitle.
Sec. 1857. Of <<NOTE: Cancellation.>> the funds made available for
the Consumer Operated and Oriented Plan Program under Section 1322(g) of
the Patient Protection and Affordable Care Act, $2,200,000,000 are
hereby permanently cancelled.
free choice vouchers
Sec. 1858. (a) In General.--Subsections (a), (b), (c), (d), and (e)
of section 10108 of the Patient Protection and Affordable Care Act
are <<NOTE: 42 USC 18101.>> repealed.
(b) Conforming Changes to Tax Code.--
(1) Section <<NOTE: 26 USC 36B.>> 36B(c)(2) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (D).
(2)(A) Section 139D, as added by section 10108 of PPACA,
of <<NOTE: 26 USC 139D. Repeal.>> such Code is repealed.
(B) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 139D, as added by section 10108 of PPACA.
[[Page 125 STAT. 169]]
(3) Section 162(a) of such <<NOTE: 26 USC 162.>> Code is
amended by striking the last sentence.
(4) Section 4980H(b) of such <<NOTE: 26 USC 4980H.>> Code is
amended by striking paragraph (3).
(5) Section 6056 of such <<NOTE: 26 USC 6056.>> Code is
amended--
(A) by striking ``and every offering employer'' in
subsection (a),
(B) in subsection (b)(2)(C)--
(i) by striking ``in the case of an applicable
large employer,'' in clause (i),
(ii) by inserting ``and'' at the end of clause
(iii),
(iii) by striking ``and'' at the end of clause
(iv), and
(iv) by striking clause (v),
(C) by striking ``or offering employer'' in
subsections (d)(2) and (e), and
(D) by amending subsection (f) to read as follows:
``(f) Definitions.--For purposes of this section, any term used in
this section which is also used in section 4980H shall have the meaning
given such term by section 4980H.''.
(c) Other Conforming Change.--Section 18B(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 218B) is <<NOTE: 29 USC 218b.>> amended
by striking ``and the employer does not offer a free choice voucher''.
(d) Effective <<NOTE: 26 USC 36B note.>> Date.--The amendments made
by this section shall take effect as if included in the provisions of,
and the amendments made by, the provisions of the Patient Protection and
Affordable Care Act to which they relate.
Sec. 1859. Of <<NOTE: Cancellation.>> the funds made available for
performance bonus payments under section 2105(a)(3)(E) of the Social
Security Act, $3,500,000,000 are hereby permanently cancelled.
Sec. 1860. (a) Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) is amended--
(1) in paragraph (2)(A)(ii), by striking ``paragraph
(8)(B)'' and inserting ``paragraph (7)(B)'';
(2) by striking paragraph (5);
(3) in paragraph (8)--
(A) in subparagraph (A), by amending clause (iv) to
read as follows:
``(iv) to carry out this section--
``(I) $13,500,000,000 for fiscal
year 2011;
``(II) $3,183,000,000 for fiscal
year 2012;
``(III) $0 for fiscal year 2013;
``(IV) $0 for fiscal year 2014;
``(V) $0 for fiscal year 2015;
``(VI) $0 for fiscal year 2016;
``(VII) $1,060,000,000 for fiscal
year 2017;
``(VIII) $1,125,000,000 for fiscal
year 2018;
``(IX) $1,125,000,000 for fiscal
year 2019;
``(X) $1,140,000,000 for fiscal year
2020; and
``(XI) $1,145,000,000 for fiscal
year 2021 and each succeeding fiscal
year.''; and
(B) in subparagraph (C)--
(i) in clause (i)(I), by striking ``clause
(v)(II)'' and inserting ``clause (iv)(II)''; and
(ii) in clause (ii)(I), by striking ``clause
(v)(II)'' and inserting ``clause (iv)(II)''; and
[[Page 125 STAT. 170]]
(4) by redesignating paragraphs (6), (7), and (8) as
paragraphs (5), (6), and (7), respectively.
(b) The <<NOTE: 20 USC 1070a note.>> amendment made by subsection
(a)(2) shall be effective with respect to the 2011-2012 award year and
succeeding award years.
(c) Sections <<NOTE: 20 USC 1089 note.>> 482(c) and 492 of the
Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply
to the amendments made by subsection (a)(2), or to any regulations
promulgated under those amendments.
(d) The requirements of 34 C.F.R. 690.64(b) shall not apply with
respect to 2011 cross-over payment periods.
Sec. 1861. Section 101 of Public Law 111-226 (124 Stat. 2389) is
amended by striking paragraph (11).
Sec. 1862. Of the unobligated balances of funds made available in
section 458(a)(7)(B) of the Higher Education Act of 1965, $31,000,000 is
rescinded.
Sec. 1863. Within <<NOTE: Deadline. Plans.>> 30 days of the
enactment of this division, each of the departments and related agencies
funded in this title shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a spending, expenditure, or
operating plan for fiscal year 2011 at a level of detail below the
account level.
TITLE IX--LEGISLATIVE BRANCH
Sec. 1901. Notwithstanding section 1101, the level for each of the
following accounts of the Senate shall be as follows: ``Salaries,
Officers and Employees'', $185,982,000; ``Salaries, Officers and
Employees, Office of the Sergeant at Arms and Doorkeeper'', $77,000,000;
``Contingent Expenses of the Senate, Secretary of the Senate'',
$6,200,000, of which $4,200,000 shall remain available until September
30, 2015; and ``Contingent Expenses of the Senate, Sergeant at Arms and
Doorkeeper of the Senate'', $142,401,000.
Sec. 1902. Notwithstanding section 1101, the level for each of the
following accounts of the Senate under the heading ``Contingent Expenses
of the Senate'' shall be as follows: ``Miscellaneous Items'',
$21,145,000; ``Senators' Official Personnel and Office Expense
Account'', $410,000,000: Provided, That each Senator's official
personnel and office expense allowance (including the allowance for
administrative and clerical assistance, the salaries allowance for
legislative assistance to Senators, as authorized by the Legislative
Branch Appropriation Act, 1978 (Public Law 95-94), and the office
expense allowance for each Senator's office for each State) in effect
immediately before the date of enactment of this section shall be
reduced by 5 percent.
Sec. 1903. Of the unobligated amounts appropriated for fiscal year
2009 under the heading ``Senate'', $33,500,000 are rescinded.
Sec. 1904. Section 8 of the Legislative Branch Appropriations Act,
1990 (31 U.S.C. 1535 note) is amended by striking paragraph (3) and
inserting the following:
``(3) Agreement under paragraph (1) shall be in accordance
with regulations prescribed by the Committee on Rules and
Administration of the Senate.''.
Sec. 1905. Notwithstanding section 1101, the level for ``House of
Representatives, Salaries and Expenses'' shall be $1,314,025,000.
[[Page 125 STAT. 171]]
Sec. 1906. Notwithstanding section 1101, the level for ``House of
Representatives, House Leadership Offices'' shall be $24,861,969, and
the levels under that heading shall be as follows:
(1) For the Office of the Speaker, $4,877,851.
(2) For the Office of the Majority Floor Leader, $2,432,808.
(3) For the Office of the Minority Floor Leader, $4,378,238.
(4) For the Office of the Majority Whip, $2,105,373.
(5) For the Office of the Minority Whip, $1,628,873.
(6) For the Speaker's Office for Legislative Floor
Activities, $497,619.
(7) For the Republican Steering Committee, $940,674.
(8) For the Republican Conference, $1,679,970.
(9) For the Republican Policy Committee, $344,485.
(10) For the Democratic Steering and Policy Committee,
$1,319,273.
(11) For the Democratic Caucus, $1,659,696.
(12) For nine minority employees, $1,487,455.
(13) For the training and program development--majority,
$277,807.
(14) For the training and program development--minority,
$277,439.
(15) For Cloakroom Personnel--majority, $477,469.
(16) For Cloakroom Personnel--minority, $476,939.
Sec. 1907. Notwithstanding section 1101, the level for ``House of
Representatives, Members' Representational Allowances'' shall be
$613,052,000.
Sec. 1908. Notwithstanding section 1101, the level for ``House of
Representatives, Committee Employees, Standing Committees, Special and
Select'' shall be $134,549,103, and the period of applicability referred
to in the proviso under that heading shall be December 31, 2012.
Sec. 1909. Notwithstanding section 1101, the level for ``House of
Representatives, Committee on Appropriations'' shall be $28,483,000, and
the period of applicability referred to in the proviso under that
heading shall be December 31, 2012.
Sec. 1910. Notwithstanding section 1101, the level for ``House of
Representatives, Salaries, Officers and Employees'' shall be
$193,326,000, and the level under that heading--
(1) for the Office of the Clerk shall be $28,589,000;
(2) for the Office of the Sergeant at Arms shall be
$9,034,000; and
(3) for the Office of the Chief Administrative Officer shall
be $127,782,000.
Sec. 1911. Notwithstanding section 1101, the level for ``House of
Representatives, Allowances and Expenses'' shall be $319,752,928, and
the level under that heading--
(1) for Government contributions for health, retirement,
Social Security, and other applicable employee benefits shall be
$282,976,856;
(2) for Business Continuity and Disaster Recovery shall be
$22,912,072, of which $5,000,000 shall remain available until
expended; and
(3) for the Wounded Warrior Program shall be $2,000,000.
Sec. 1912. Notwithstanding section 1101, the level for ``Joint
Items, Joint Economic Committee'' shall be $4,499,000.
Sec. 1913. Notwithstanding section 1101, the level for ``Joint
Items, Joint Committee on Taxation'' shall be $10,551,150.
[[Page 125 STAT. 172]]
Sec. 1914. Notwithstanding section 1101, the level for ``Office of
the Attending Physician'' shall be $3,407,000, and the level under that
heading for reimbursement to the Department of the Navy for expenses
incurred for staff and equipment shall be $2,426,000.
Sec. 1915. Notwithstanding section 1101, the level for ``Capitol
Police, Salaries'' shall be $277,688,000.
Sec. 1916. Notwithstanding section 1101, the level for ``Office of
Compliance, Salaries and Expenses'' shall be $4,085,150, and the period
of availability referred to under such heading shall be September 30,
2012.
Sec. 1917. Notwithstanding section 1101, the level for
``Congressional Budget Office, Salaries and Expenses'' shall be
$46,865,000.
Sec. 1918. Notwithstanding section 1101, the period of availability
for each item under the heading ``Architect of the Capitol'' may not
extend beyond September 30, 2015.
Sec. 1919. Of the unobligated amounts appropriated from prior year
appropriations under the heading ``Architect of the Capitol'' for the
Capitol Visitor Center project, $14,600,000 are rescinded.
Sec. 1920. Notwithstanding section 1101, the level for ``Library of
Congress, Salaries and Expenses'' shall be $439,000,000, and the amount
applicable under the fifth and seventh provisos under that heading shall
be $0.
Sec. 1921. Notwithstanding section 1101, the level for ``Library of
Congress, Copyright Office, Salaries and Expenses'' shall be
$54,476,000, of which not more than $30,751,000, to remain available
until expended, shall be derived from collections credited to such
appropriation during fiscal year 2011 under section 708(d) of title 17,
United States Code, and the amount applicable under the third proviso
under such heading shall be $36,612,000.
Sec. 1922. Notwithstanding section 1101, the level for ``Library of
Congress, Congressional Research Service, Salaries and Expenses'' shall
be $111,240,000.
Sec. 1923. Notwithstanding section 1101, the level for ``Library of
Congress, Books for the Blind and Physically Handicapped, Salaries and
Expenses'' shall be $68,182,000.
Sec. 1924. Notwithstanding section 1101, the level for ``Government
Printing Office, Government Printing Office Revolving Fund'' shall be
$1,659,000.
Sec. 1925. Notwithstanding section 1101, the level for ``Government
Printing Office, Office of Superintendent of Documents, Salaries and
Expenses'' shall be $39,911,000, and the amounts authorized for
producing and disseminating Congressional serial sets and other related
publications to depository and other designated libraries shall apply to
publications for fiscal years 2009 and 2010.
Sec. 1926. (a) Section 309(c) of the Legislative Branch
Appropriations Act, 1999 (44 U.S.C. 305 note) is amended by striking
paragraph (5).
(b) The <<NOTE: Effective date. 44 USC 305 note.>> amendment made by
subsection (a) shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 1999.
Sec. 1927. Notwithstanding section 1101, the level for ``Government
Accountability Office, Salaries and Expenses'' shall be $547,349,000,
the amount applicable under the first proviso under that heading shall
be $9,400,000, the amount applicable under the second proviso under that
heading shall be $3,100,000, and
[[Page 125 STAT. 173]]
the amount applicable under the third proviso under that heading shall
be $7,000,000.
Sec. 1928. Notwithstanding section 1101, the level for ``Open World
Leadership Center Trust Fund'' shall be $11,400,000.
TITLE X--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
Sec. 2001. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense for funding, including
incremental funding, of programs, projects and activities authorized in
division B of Public Law 111-383, excluding funds designated by section
1110 of this division, shall be as follows: ``Military Construction,
Army'', $3,787,598,000; ``Military Construction, Navy and Marine
Corps'', $3,303,611,000; ``Military Construction, Air Force'',
$1,106,995,000; ``Military Construction, Defense-Wide'', $2,873,062,000;
``Military Construction, Army National Guard'', $873,664,000; ``Military
Construction, Air National Guard'', $194,986,000; ``Military
Construction, Army Reserve'', $318,175,000; ``Military Construction,
Navy Reserve'', $61,557,000; and ``Military Construction, Air
Force <<NOTE: Deadline. Spending plan.>> Reserve'', $7,832,000:
Provided, That not later than 30 days after the date of the enactment of
this section, the Secretary of Defense shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a spending
plan for fiscal year 2011 at a level of detail below the account level.
Sec. 2002. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense shall be as follows:
``Family Housing Construction, Army'', $92,369,000; ``Family Housing
Construction, Navy and Marine Corps'', $186,444,000; ``Family Housing
Construction, Air Force'', $78,025,000; ``Family Housing Construction,
Defense-Wide'', $0; and ``Family Housing Improvement Fund'', $1,096,000.
Sec. 2003. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense shall be as follows:
``North Atlantic Treaty Organization Security Investment Program'',
$258,884,000; ``Homeowners Assistance Fund'', $16,515,000; ``Chemical
Demilitarization Construction, Defense-Wide'', $124,971,000;
``Department of Defense Base Closure Account 1990'', $360,474,000; and
``Department of Defense Base Closure Account 2005'', $2,354,285,000.
Sec. 2004. Notwithstanding section 1101, the level for each of the
following accounts of the Department of Defense shall be as follows:
``Family Housing Operation and Maintenance, Army'', $518,140,000;
``Family Housing Operation and Maintenance, Navy and Marine Corps'',
$366,346,000; ``Family Housing Operation and Maintenance, Air Force'',
$513,792,000; and ``Family Housing Operation and Maintenance, Defense-
Wide'', $50,464,000.
Sec. 2005. Of the funds designated by section 1110 of this
division, funds available for the Department of Defense shall be as
follows: ``Military Construction, Army'', $981,346,000; ``Military
Construction, Air Force'', $195,006,000; and ``Military Construction,
Defense-Wide'', $46,500,000.
Sec. 2006. Notwithstanding any other provision of this division,
the following provisions included in title I of division E of Public Law
111-117 shall not apply to funds made available by this division: the
first, second, and last provisos, and the set-aside
[[Page 125 STAT. 174]]
of $350,000,000, under the heading ``Military Construction, Army''; the
first and last provisos under the heading ``Military Construction, Navy
and Marine Corps''; the first, second, and last provisos under the
heading ``Military Construction, Air Force''; the second, third, fourth,
and last provisos under the heading ``Military Construction, Defense-
Wide'', the first, second and last provisos, and the set-aside of
$30,000,000, under the heading ``Military Construction, Army National
Guard''; the first, second, and last provisos, and the set-aside of
$30,000,000, under the heading ``Military Construction, Air National
Guard''; the first, second, and last provisos, and the set-aside of
$30,000,000, under the heading ``Military Construction, Army Reserve'';
the first, second, and last provisos, the set-aside of $20,000,000, and
the set-aside of $35,000,000, under the heading ``Military Construction,
Navy Reserve''; the first, second, and last provisos, and the set-aside
of $55,000,000, under the heading ``Military Construction, Air Force
Reserve''; the proviso under the heading ``Family Housing Construction,
Army''; the proviso under the heading ``Family Housing Construction,
Navy and Marine Corps''; the proviso under the heading ``Family Housing
Construction, Air Force''; the proviso under the heading ``Family
Housing Construction, Defense-Wide''; and the proviso under the heading
``Chemical Demilitarization Construction, Defense-Wide''.
Sec. 2007. Notwithstanding any other provision of this division,
the following provisions included in title IV of division E of Public
Law 111-117 shall not apply to funds appropriated by this division: the
proviso under ``Military Construction, Army'' and the proviso under
``Military Construction, Air Force''.
Sec. 2008. Of <<NOTE: Rescission.>> the funds made available for
``Military Construction, Defense-Wide'' in title I of division E of
Public Law 110-329, $23,000,000 are rescinded.
Sec. 2009. Of <<NOTE: Rescission.>> the funds made available for
``Military Construction, Defense-Wide'' in title I of division E of
Public Law 111-117, $125,500,000 are rescinded.
Sec. 2010. Of <<NOTE: Rescission.>> the funds made available for
``Military Construction, Army'' in title I of division E of Public Law
111-117, $263,000,000 are rescinded.
Sec. 2011. Of <<NOTE: Rescission.>> the funds made available for
``Military Construction, Navy and Marine Corps'' in title I of division
E of Public Law 111-117, $61,050,000 are rescinded.
Sec. 2012. Of <<NOTE: Rescission.>> the funds made available for
``Military Construction, Air Force'' in title I of division E of Public
Law 111-117, $121,700,000 are rescinded.
Sec. 2013. Of <<NOTE: Rescission.>> the unobligated balances
available for ``Department of Defense Base Closure Account 2005'' from
prior appropriations (other than appropriations designated by law as
being for contingency operations directly related to the global war on
terrorism or as an emergency requirement), $232,363,000 are rescinded.
Sec. 2014. (a) Of <<NOTE: Rescissions.>> the funds made available in
title II of division E of Public Law 111-117, the following amounts
which became available on October 1, 2010, are hereby rescinded from the
following accounts in the amounts specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,000,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
[[Page 125 STAT. 175]]
(3) ``Department of Veterans Affairs, Medical Facilities'',
$100,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified, to remain available until September 30, 2012:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,000,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$100,000,000.
Sec. 2015. Notwithstanding section 1118, the levels for each of the
following accounts for fiscal year 2012 shall be as follows:
(1) ``Department of Veterans Affairs, Medical Services'',
$39,649,985,000, which shall become available on October 1,
2011, and shall remain available until September 30, 2012.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $5,535,000,000, which shall become available on
October 1, 2011, and shall remain available until September 30,
2012.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$5,426,000,000, which shall become available on October 1, 2011,
and shall remain available until September 30, 2012.
Sec. 2016. Of <<NOTE: Rescissions.>> the discretionary funds made
available to the Department of Veterans Affairs for fiscal year 2011,
$34,000,000 are rescinded from ``Medical Support and Compliance'' and
$15,000,000 are rescinded from ``Medical Facilities'', which shall be
derived from amounts estimated for the January 2011 civilian pay raise.
Sec. 2017. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2011 for ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Construction, Minor Projects'', and ``Information Technology
Systems'', up to $235,360,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of
title XVII of division A of Public Law 111-84 and may be used for
operation of the facilities designated as combined Federal medical
facilities as described by section 706 of Public Law 110-417: Provided,
That <<NOTE: Notification.>> additional funds may be transferred from
accounts designated in this section to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
Sec. 2018. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for health care provided at facilities designated as combined
Federal medical facilities as described by section 706 of Public Law
110-417 shall also be available: (1) for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of title XVII of
division A of Public Law 111-84; and (2) for operations of the
facilities designated as combined Federal medical facilities as
described by section 706 of Public Law 110-417.
Sec. 2019. Notwithstanding section 1101, the level for ``Department
of Veterans Affairs, Departmental Administration, General
[[Page 125 STAT. 176]]
Operating Expenses'' shall be $2,534,276,000, of which not less than
$2,136,776,000 shall be for the Veterans Benefits Administration:
Provided, That no funds shall be available for the printer on every desk
initiative.
Sec. 2020. Notwithstanding section 1101, the level for ``Department
of Veterans Affairs, Departmental Administration, Information Technology
Systems'' shall be $3,146,898,000.
Sec. 2021. Of the <<NOTE: Rescissions.>> funds made available for
``Department of Veterans Affairs, Departmental Administration,
Information Technology Systems'' in title II of division E of Public Law
111-117, $147,000,000 are rescinded.
Sec. 2022. Notwithstanding section 1101, the level for ``Department
of Veterans Affairs, Departmental Administration, Construction, Major
Projects'' <<NOTE: Deadline. Spending plan.>> shall be $1,151,036,000:
Provided, That not later than 30 days after the date of the enactment of
this section, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a spending plan for fiscal year 2011 at a level of detail below
the account level: Provided further, That the last proviso included in
title II of division E of Public Law 111-117 under the heading
``Department of Veterans Affairs, Departmental Administration,
Construction, Major Projects'' shall not apply to funds appropriated by
this division.
Sec. 2023. Of <<NOTE: Rescissions.>> the unobligated balances
available under ``Department of Veterans Affairs, Departmental
Administration, Construction, Major Projects'' to be derived from
accounts in prior appropriations Acts and that were not designated by
the Congress in such Acts as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, $75,000,000 are rescinded.
Sec. 2024. Notwithstanding section 1101, the level for ``Department
of Veterans Affairs, Departmental Administration, Construction, Minor
Projects'' shall be $467,700,000.
Sec. 2025. Notwithstanding section 1101, the level for ``Department
of Veterans Affairs, Departmental Administration, Grants for
Construction of State Extended Care Facilities'' shall be $85,000,000.
Sec. 2026. Notwithstanding section 1101, the level for ``American
Battle Monuments Commission, Salaries and Expenses'' shall be
$64,200,000, to remain available until expended.
Sec. 2027. Notwithstanding section 1101, the level for ``United
States Court of Appeals for Veterans Claims, Salaries and Expenses''
shall be $27,615,000, of which $2,320,000 shall be available for the
purpose of providing financial assistance as described under this
heading in Public Law 102-229.
Sec. 2028. Notwithstanding section 1101, the level for ``Department
of Defense--Civil, Cemeterial Expenses, Army, Salaries and Expenses''
shall be $45,100,000, to remain available until expended.
Sec. 2029. Notwithstanding section 1101, the level for ``Armed
Forces Retirement Home, Trust Fund'' shall be $71,200,000, of which
$2,000,000 shall be for construction and renovation of physical plants.
Sec. 2030. In the Senate, section 902 of Public Law 111-212, the
Supplemental Appropriations Act, 2010, shall be subject to section 3002
of that Act and accordingly is designated as an emergency requirement
and necessary to meet emergency needs
[[Page 125 STAT. 177]]
pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
TITLE XI--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Sec. 2101. For <<NOTE: Definition.>> purposes of this title, the
term ``division F of Public Law 111-117'' means the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117).
Sec. 2102. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Administration of Foreign
Affairs, Diplomatic and Consular Programs'', $8,790,000,000, of which
$1,500,000,000 is for Worldwide Security Protection (to be available
until expended); ``Administration of Foreign Affairs, Capital Investment
Fund'', $59,499,000; ``Administration of Foreign Affairs, Emergencies in
the Diplomatic and Consular Service'', $9,499,000; ``Administration of
Foreign Affairs, Representation Allowances'', $7,499,000;
``Administration of Foreign Affairs, Payment to the American Institute
in Taiwan'', $21,150,000; and ``Administration of Foreign Affairs,
Civilian Stabilization Initiative'', $35,000,000.
Sec. 2103. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Related Programs, United
States Institute of Peace'', $39,499,000, which shall not be used for
construction activities; ``Related Programs, East-West Center'',
$21,000,000; ``International Commissions, International Fisheries
Commissions'', $50,500,000; ``International Organizations, Contributions
to International Organizations'', $1,581,815,000; and ``International
Organizations, Contributions for International Peacekeeping
Activities'', $1,887,706,000.
Sec. 2104. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``International Commissions,
International Boundary and Water Commission, United States and Mexico,
Salaries and Expenses'', $43,300,000; ``International Commissions,
International Boundary and Water Commission, United States and Mexico,
Construction'', $26,500,000; and ``Related Programs, The Asia
Foundation'', $17,900,000.
Sec. 2105. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Related Agency, Broadcasting
Board of Governors, International Broadcasting Operations'',
$731,500,000; and ``Related Agency, Broadcasting Board of Governors,
Broadcasting Capital Improvements'', $6,875,000.
Sec. 2106. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Administration of Foreign
Affairs, Educational and Cultural Exchange Programs'', $600,000,000;
``Bilateral Economic Assistance, Independent Agencies, Inter-American
Foundation'', $22,499,000; and ``Bilateral Economic Assistance,
Independent Agencies, African Development Foundation'', $29,500,000.
Sec. 2107. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``United States Agency for
International Development, Funds Appropriated to the President,
Operating Expenses'', $1,350,000,000; ``United States Agency for
International Development, Funds Appropriated to the President, Civilian
Stabilization Initiative'', $5,000,000; ``United States Agency for
International Development, Funds Appropriated to the
[[Page 125 STAT. 178]]
President, Capital Investment Fund'', $130,000,000; and ``United States
Agency for International Development, Funds Appropriated to the
President, Office of Inspector General'', $45,000,000.
Sec. 2108. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Bilateral Economic Assistance,
Funds Appropriated to the President, Development Assistance'',
$2,525,000,000; ``Bilateral Economic Assistance, Funds Appropriated to
the President, Complex Crises Fund'', $40,000,000; ``Bilateral Economic
Assistance, Funds Appropriated to the President, Assistance for Europe,
Eurasia and Central Asia'', $697,134,000; ``Bilateral Economic
Assistance, Independent Agencies, Peace Corps'', $375,000,000; and
``Bilateral Economic Assistance, Independent Agencies, Millennium
Challenge Corporation'', $900,000,000.
Sec. 2109. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Bilateral Economic Assistance,
Funds Appropriated to the President, Economic Support Fund'',
$5,958,101,000; ``Bilateral Economic Assistance, Funds Appropriated to
the President, Democracy Fund'', $115,000,000; ``Department of the
Treasury, International Affairs Technical Assistance'', $25,499,000; and
``Department of the Treasury, Debt Restructuring'', $50,000,000.
Sec. 2110. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Bilateral Economic Assistance,
Funds Appropriated to the President, International Disaster
Assistance'', $865,000,000; ``Bilateral Economic Assistance, Department
of State, Migration and Refugee Assistance'', $1,690,000,000; and
``Bilateral Economic Assistance, Department of State, United States
Emergency Refugee and Migration Assistance Fund'', $50,000,000:
Provided, That the authorities and requirements under section 2(c)(1) of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(1))
may be exercised and fulfilled by the Secretary of State for the purpose
of meeting unexpected, urgent refugee and migration needs, and with
respect to funds appropriated to carry out section 2(c) of such Act in
this division and in prior Acts making appropriations for the Department
of State, foreign operations, and related programs.
Sec. 2111. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``International Security
Assistance, Department of State, Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $740,000,000; and ``International
Security Assistance, Department of State, Peacekeeping Operations'',
$305,000,000: Provided, That <<NOTE: Applicability.>> division F of
Public Law 111-117 shall be applied to funds appropriated by this
division under the heading ``Peacekeeping Operations'' by adding the
following at the end: ``: Provided further, That <<NOTE: Foreign
countries. Child soldiers.>> funds appropriated under this heading that
are available for assistance for Chad, Sudan, Somalia, and the
Democratic Republic of the Congo should not be used to support any
military training or operations that include child soldiers''.
Sec. 2112. (a) Notwithstanding section 1101, the level for each of
the following accounts shall be as follows: ``International Security
Assistance, Funds Appropriated to the President, International Military
Education and Training'', $106,000,000; and ``International Security
Assistance, Funds Appropriated to the President, Foreign Military
Financing Program'', $5,385,000,000, of which not less than
$3,000,000,000 shall be available for grants only for Israel,
[[Page 125 STAT. 179]]
$1,300,000,000 shall be available for grants only for Egypt,
$300,000,000 shall be available for assistance for Jordan, and up to
$50,000,000 should be available for assistance for Colombia: Provided,
That the dollar amount in the fourth proviso of the first paragraph
under the heading ``International Security Assistance, Funds
Appropriated to the President, Foreign Military Financing Program'' of
division F of Public Law 111-117 shall be deemed to be for the purposes
of <<NOTE: Applicability.>> this Act, $789,000,000: Provided further,
That the second paragraph under the heading ``International Security
Assistance, Funds Appropriated to the President, Foreign Military
Financing Program'' in division F of Public Law 111-117 shall be applied
to funds appropriated by this division by inserting after the second
proviso in such paragraph the following: ``: Provided further, That
funds <<NOTE: Chad. Reports. Child soldiers.>> appropriated under this
heading shall not be disbursed for assistance for Chad until the
Secretary of State reports to the Committees on Appropriations on steps
being taken by the Government of Chad to implement a plan of action to
end the recruitment and use of child soldiers, including the
demobilization of child soldiers''.
(b) The authorities contained under the heading ``International
Security Assistance, Funds Appropriated to the President, Pakistan
Counterinsurgency Capability Fund'' in title XI of Public Law 111-32
shall remain in effect until September 30, 2012.
Sec. 2113. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Multilateral Assistance, Funds
Appropriated to the President, International Organizations and
Programs'', $355,000,000, of which up to $10,000,000 may be made
available for the International Panel on Climate Change/United Nations
Framework Convention on Climate Change; ``Multilateral Assistance,
International Financial Institutions, Global Environment Facility'',
$90,000,000; ``Multilateral Assistance, International Financial
Institutions, Contribution to the International Development
Association'', $1,235,000,000; ``Multilateral Assistance, International
Financial Institutions, Contribution to the Clean Technology Fund'',
$185,000,000; ``Multilateral Assistance, International Financial
Institutions, Contribution to the Strategic Climate Fund'', $50,000,000;
``Multilateral Assistance, International Financial Institutions,
Contribution to the Inter-American Development Bank'', $21,000,000;
``Multilateral Assistance, International Financial Institutions,
Contribution to the African Development Fund'', $110,000,000; and
``Multilateral Assistance, International Financial Institutions,
International Fund for Agricultural Development'', $29,499,000.
Sec. 2114. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``Export and Investment
Assistance, Overseas Private Investment Corporation, Program Account'',
$18,115,000; and ``Export and Investment Assistance, Funds Appropriated
to the President, Trade and Development Agency'', $50,000,000.
Sec. 2115. (a) <<NOTE: Applicability.>> Notwithstanding section
1101, the amounts included under the heading ``Administration of Foreign
Affairs, Embassy Security, Construction and Maintenance'' in division F
of Public Law 111-117 shall be applied to funds appropriated by this
division as follows: by substituting ``$825,000,000'' for
``$876,850,000'' in the first paragraph; and by substituting
``$795,000,000'' for ``$847,300,000'' in the second paragraph.
[[Page 125 STAT. 180]]
(b) Notwithstanding section 1101, the amounts included under the
heading ``Bilateral Economic Assistance, Funds Appropriated to the
President, Development Credit Authority'' in division F of Public Law
111-117 shall be applied to funds appropriated by this division as
follows: by substituting ``$30,000,000'' for ``$25,000,000'' in the
first paragraph; and by substituting ``$8,300,000'' for ``$8,600,000''
in the second paragraph.
Sec. 2116. Notwithstanding section 1101, the amounts included under
the heading ``Bilateral Economic Assistance, Funds Appropriated to the
President, Global Health and Child Survival'' in division F of Public
Law 111-117 shall be applied to funds appropriated by this division as
follows: by substituting in the first paragraph ``$2,500,000,000'' for
``$2,420,000,000''; and by substituting in the second paragraph
``$5,345,000,000'' for ``$5,359,000,000''.
Sec. 2117. Notwithstanding section 1101, the level for each of the
following accounts shall be $0: ``Administration of Foreign Affairs,
Buying Power Maintenance Account''; ``Bilateral Economic Assistance,
Funds Appropriated to the President, International Fund for Ireland'';
and ``Multilateral Assistance, International Financial Institutions,
Contribution to the Asian Development Fund''.
Sec. 2118. (a) <<NOTE: Rescissions.>> Of the unobligated balances
available from funds appropriated under the heading ``Export and
Investment Assistance, Export-Import Bank of the United States, Subsidy
Appropriation'' in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law 111-
8) and under such heading in prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
$275,000,000 are rescinded.
(b) Of the unobligated balances from funds appropriated or otherwise
made available for the Buying Power Maintenance Account, $17,000,000 are
rescinded.
(c) Of the unobligated balances available for the Development
Assistance account, as identified by Treasury Appropriation Fund Symbols
7206/111021, $1,000,000 are rescinded.
(d) Of the unobligated balances available for the Assistance for the
Independent States of the Former Soviet Union account, as identified by
Treasury Appropriation Fund Symbols 7206/111093, 7207/121093, and
72X1093, $11,700,000 are rescinded.
(e) Of the unobligated balances available for the International
Narcotics Control and Law Enforcement account, as identified by Treasury
Appropriation Fund Symbols 11X1022, 1106/121022, and 191105/111022,
$7,183,000 are rescinded.
(f) Of the funds appropriated in prior Acts making appropriations
for the Department of State, foreign operations, and related programs
under the heading ``Diplomatic and Consular Programs'', $55,000,000,
which shall be from amounts made available for Worldwide Security
Protection, are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(g) Of the funds appropriated in prior Acts making appropriations
for the Department of State, foreign operations, and related programs
under the heading ``Bilateral Economic Assistance, Funds Appropriated to
the President, Economic Support Fund'',
[[Page 125 STAT. 181]]
$120,000,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(h) Of <<NOTE: Cancellation.>> the unobligated funds made available
to the Secretary of State pursuant to section 286(v)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(A)), $140,000,000
are hereby permanently canceled.
(i) Of the unobligated funds appropriated in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President, Assistance for Europe, Eurasia and
Central Asia'', $19,000,000 are rescinded: Provided, That no amounts may
be rescinded from amounts that were designated by Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 2119. (a) <<NOTE: President. Reports.>> Notwithstanding section
653(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2413(b)), the
President shall transmit the report required under section 653(a) of
that Act with respect to the provision of funds appropriated or
otherwise made available by this division for the Department of State,
foreign operations, and related programs: Provided, That such report
shall include a comparison of amounts, by category of assistance,
provided or intended to be provided from funds appropriated for fiscal
years 2010 and 2011, for each foreign country and international
organization.
(b) Not <<NOTE: Deadline. Operating plan.>> later than 30 days after
the date of enactment of this Act, each department, agency or
organization funded by this title or by division F of Public Law 111-117
shall submit to the Committees on Appropriations an operating plan for
such funds that provides details at the program, project, and activity
level: Provided, That the report required under subsection (a) shall be
considered to have met the requirements of this subsection with respect
to funds made available to carry out the Foreign Assistance Act of 1961
and the Arms Export Control Act: Provided further, That the spending
reports required in division F of Public Law 111-117 for assistance for
Afghanistan, Pakistan, Iraq, the Caribbean Basin, Lebanon, Mexico, and
Central America, and spending reports required for funds appropriated
under the headings ``Diplomatic and Consular Programs'', ``Embassy
Security, Construction, and Maintenance'', ``International Narcotics
Control and Law Enforcement'', ``Civilian Stabilization Initiative'',
and ``Peace Corps'' shall be considered to have met the requirements of
this subsection.
(c) The reports required under subsection (b) shall not be
considered as meeting the notification requirements under section 7015
of division F of Public Law 111-117 or under section 634A of the Foreign
Assistance Act of 1961.
(d) The <<NOTE: Consultation.>> Secretary of State shall consult
with the Committees on Appropriations prior to implementing the
rescissions made pursuant to section 2118 of this division, other than
rescissions made pursuant to subsection (a) of such section.
Sec. 2120. (a) Notwithstanding any other provision of this division,
the dollar amounts under paragraphs (1) through (4) under the heading
``Administration of Foreign Affairs, Diplomatic and Consular Programs''
in division F of Public Law 111-117 shall
[[Page 125 STAT. 182]]
not apply to funds appropriated by this division: Provided, That the
dollar amounts to be derived from fees collected under paragraph (5)(A)
under such heading shall be ``$1,702,904'' and ``$505,000'',
respectively.
(b)(1) <<NOTE: Applicability.>> Division F of Public Law 111-117
shall be applied to funds appropriated by this division under the
heading ``International Organizations, Contributions for International
Peacekeeping Activities'' by adding at the end before the period the
following: ``: Provided further, That the Secretary of State should work
with the United Nations and governments contributing peacekeeping troops
to develop effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That notwithstanding any
other provision of law, funds provided under the heading ``International
Organizations, Contributions for International Peacekeeping Activities''
shall be available for United States assessed contributions up to the
amount specified in Annex IV accompanying United Nations General
Assembly Resolution 64/220: Provided further, That such funds may be
made available only if the Secretary of State determines that it is in
the national interest of the United States''.
(2) Division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading ``United States Agency
for International Development, Funds Appropriated to the President,
Operating Expenses'' by substituting ``USAID mission, bureau, or
office'' for ``USAID overseas mission or office'' in the sixth proviso.
(3) Division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Development
Assistance'' by substituting ``should'' for ``shall'' each place it
appears.
(c) Division F of Public Law 111-117 shall be applied to funds
appropriated by this division under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Economic Support
Fund''--
(1) by substituting--
(A) ``should'' for ``shall'' in the fourth proviso;
(B) ``$200,000,000'' for ``$150,000,000'' in the
seventh proviso; and
(C) ``$195,000,000 should'' for ``$209,790,000
shall'' in the sixteenth proviso; and
(2) by adding at the end before the period the following:
``: Provided further, That funds appropriated under this heading
may be made available for activities to support the economic and
social development and reconciliation goals of Public Law 99-
415, and should not be made available for a contribution:
Provided further, That not less than $15,500,000 of the funds
appropriated under this heading should be made available for
remediation activities, and not less than $3,000,000 should be
made available for related health activities, referenced in
section 7071(j) of this Act''.
(d) Notwithstanding any other provision of this division, the
following provisions in division F of Public Law 111-117 shall not apply
to funds appropriated by this division:
(1) Section 7034(l).
(2) Section 7042(a), (b)(1), (c), and (d)(1).
(3) Section 7044(d).
[[Page 125 STAT. 183]]
(4) In section 7045:
(A) Subsection (b)(2).
(B) The first sentence of subsection (c).
(C) The first sentence of subsection (e)(1).
(D) The first sentence of subsection (f).
(E) Subsection (h).
(5) Section 7070(b).
(6) Section 7071(f)(6).
(7) The third proviso under the heading ``Administration of
Foreign Affairs, Civilian Stabilization Initiative''.
(8) The fourth proviso under the heading ``Bilateral
Economic Assistance, Funds Appropriated to the President,
Assistance for Europe, Eurasia and Central Asia''.
(e) Section <<NOTE: Applicability.>> 7060 of division F of Public
Law 111-117 shall be applied to funds appropriated by this division by
substituting ``$575,000,000'' for ``$648,457,000'': Provided, That
notwithstanding section 1101, section 7078(a) of division F of Public
Law 111-117 shall be applied to funds appropriated by this division by
substituting in lieu thereof the matter contained in section 660(a) of
division J of Public Law 110-161, the Consolidated Appropriations Act,
2008, except that ``$40,000,000 should'' shall be substituted for ``not
less than $7,000,000 shall''.
(f) Sections <<NOTE: Applicability.>> 7045(a), 7061, 7064(a)(1) and
(b), and 7071(g)(3) of division F of Public Law 111-117 shall be applied
to funds appropriated by this division by substituting ``should'' for
``shall'' each place it appears.
(g)(1) Section <<NOTE: Applicability.>> 7081 of division F of
Public Law 111-117 shall be applied to funds appropriated by this
division by substituting--
(A) ``should'' for ``shall'' each place it appears in
subsections (b), (c), and (d);
(B) ``$35,000,000'' for ``$25,000,000'' in the first
sentence of subsection (d); and
(C) ``For fiscal year 2011, up to $185,000,000'' for ``For
fiscal year 2010, up to $300,000,000'' in subsection (g)(1).
(2) The <<NOTE: Notification.>> second proviso of section 7081(d) of
division F of Public Law 111-117 is amended to read as follows: ``:
Provided further, That funds appropriated by this division that are made
available for tropical forest programs shall be used for purposes
including to implement and enforce section 8204 of Public Law 110-246,
shall not be used to support or promote the expansion of industrial
logging into primary tropical forests, and shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations''.
(h) Section 7042 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$552,900,000'' for the dollar amount in subsection (f)(1).
(i) The third proviso of section 7034(s) of division F of Public Law
111-117 shall be applied to funds appropriated by this division by
substituting ``shall include, in a manner the Secretary determines
appropriate,'' for ``should include''.
(j) Section 7070(i)(2) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting ``health,
education, and macroeconomic growth'' for ``macroeconomic growth''.
(k) Notwithstanding any other provision of this division, section
7015(c) of division F of Public Law 111-117 shall not apply to
[[Page 125 STAT. 184]]
funds appropriated by this division under the headings ``Complex Crises
Fund'' and ``Migration and Refugee Assistance''.
(l) Section 7046(a) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$459,000,000'' for ``$521,880,000''.
(m) Not <<NOTE: Deadline. Reports.>> later than 90 days after
enactment of this Act, and prior to the obligation of funds appropriated
in this division under the headings ``Administration of Foreign Affairs,
Diplomatic and Consular Programs'', ``Bilateral Economic Assistance,
Funds Appropriated to the President, Development Assistance'',
``Bilateral Economic Assistance, Funds Appropriated to the President,
Economic Support Fund'', and ``Bilateral Economic Assistance, Funds
Appropriated to the President, Assistance for Europe, Eurasia and
Central Asia'' for historic and cultural preservation projects, the
Secretary of State, in consultation with the Administrator of the United
States Agency for International Development (USAID), shall submit to the
Committees on Appropriations a report detailing, by agency, account,
purpose, and amount, all historic and cultural preservation projects
supported in fiscal year 2010 and planned for fiscal year 2011 by the
Department of State and USAID.
Sec. 2121. (a) Notwithstanding section 1101, the amounts included
under the heading ``Administration of Foreign Affairs, Office of
Inspector General'' in division F of Public Law 111-117 shall be applied
to funds appropriated by this division by substituting ``$22,000,000''
for ``$23,000,000'' for the Special Inspector General for Iraq
Reconstruction, and ``$24,000,000'' for ``$23,000,000'' for the Special
Inspector General for Afghanistan Reconstruction.
(b) The <<NOTE: Applicability.>> tenth proviso under the heading
``Economic Support Fund'' in division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting the
following: ``Provided further,
That <<NOTE: Afghanistan. Pakistan. Certification.>> funds appropriated
or otherwise made available by this division for assistance for
Afghanistan and Pakistan may not be made available for direct
government-to-government assistance unless the Secretary of State
certifies to the Committees on Appropriations that the relevant
implementing agency has been assessed and considered qualified to manage
such funds and the Government of the United States and the government of
the recipient country have agreed, in writing, to clear and achievable
goals and objectives for the use of such funds, and have established
mechanisms within each implementing agency to ensure that such funds are
used for the purposes for which they were intended:''.
(c) The second proviso under
the <<NOTE: Applicability. Notification.>> heading ``International
Security Assistance, Department of State, Peacekeeping Operations'' in
division F of Public Law 111-117 shall be applied by substituting the
following: ``Provided further, That up to $55,918,000 may be used to pay
assessed expenses of international peacekeeping activities in Somalia,
except that up to an additional $35,000,000 may be made available for
such purpose subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:''.
(d) <<NOTE: Applicability.>> Section 7004 of division F of Public
Law 111-117 shall be applied to funds appropriated by this division by
adding at the end the following new subsection:
``(d) For <<NOTE: Determination.>> the purposes of calculating the
fiscal year 2011 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and
[[Page 125 STAT. 185]]
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of
State, in consultation with the Director of the Office of Management and
Budget, shall determine the annual program level and agency shares in a
manner that is proportional to the Department of State's contribution
for this purpose.''.
(e) The second proviso in the second paragraph under the heading
``International Security Assistance, Funds Appropriated to the
President, Foreign Military Financing Program'' in division F of Public
Law 111-117 shall be applied to funds appropriated by this division by
inserting ``Bahrain, Yemen,'' after ``Nepal,''.
(f) Section 7034(n) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by adding at the end
before the period the following: ``: Provided, That none of the funds
appropriated or otherwise made available by this division or any other
Act making appropriations for the Department of State, foreign
operations, and related programs may be used to implement phase 3 of
such authority''.
(g) Section 7034(m) of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by--
(1) substituting ``not less than $20,000,000'' for
``$30,000,000'' in paragraph (5); and
(2) adding the following new paragraph at the end:
``(6) The level otherwise provided by this Act for `Related
Agency, Broadcasting Board of Governors, International
Broadcasting Operations' is hereby increased by $10,000,000, to
remain available until September 30, 2012, to expand
unrestricted access to information on the Internet.''.
(h) Section 7042 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting the
following for the proviso in <<NOTE: Determination. Reports. Spending
plan.>> subsection (d)(2): ``: Provided, That funds may not be made
available for obligation until the Secretary of State determines and
reports to the Committees on Appropriations that such funds to be
provided are in the national security interest of the United States and
provides the Committees on Appropriations a detailed spending plan''.
(i) Section 7043 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting the
following for subsection (b):
``(b) Limitation.--None of the funds appropriated or otherwise made
available in this Act under the heading `Export-Import Bank of the
United States' may be used by the Export-Import Bank of the United
States to provide any new financing (including loans, guarantees, other
credits, insurance, and reinsurance) to any person that is subject to
sanctions under paragraph (2) or (3) of section 5(a) of the Iran
Sanctions Act of 1996 (Public Law 104-172).''.
(j) For purposes of the amount made available by this division for
``Export and Investment Assistance, Export-Import Bank of the United
States, Administrative Expenses'', project specific transaction costs,
including direct and indirect costs incurred in claims settlements, and
other costs for systems infrastructure directly supporting transactions,
shall not be considered administrative expenses: Provided, That the
Export-Import Bank of the United States may expend not more than
$5,000,000 in fiscal year 2011 for such transaction costs.
(k) The first proviso under the heading ``Department of the
Treasury, Debt Restructuring'' in division F of Public Law 111-
[[Page 125 STAT. 186]]
117 shall be applied to funds appropriated by this division by
substituting ``should'' for ``shall''.
(l) Section 7059 of division F of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting--
(1) ``should'' for ``may'' in subsection (c); and
(2) ``65'' for ``30'' the first place it appears in
subsection (l).
(m) The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2010''
and inserting ``2010, and 2011''; and
(B) in subsection (e), by striking ``October 1,
2010'' each place it appears and inserting ``June 1,
2011''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2010'' and inserting ``2011''.
Sec. 2122. (a) In <<NOTE: Applicability. Afghanistan.>> General.--
Subsections (b) through (d) of this section shall apply to funds
appropriated by this division in lieu of section 7076 of division F of
Public Law 111-117.
(b) Limitation.--None <<NOTE: Certification. Reports.>> of the funds
appropriated or otherwise made available by this division under the
headings ``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'' may be obligated for assistance for the Government
of Afghanistan until the Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
(USAID), certifies and reports to the Committees on Appropriations the
following:
(1) The Government of Afghanistan is--
(A) demonstrating a commitment to reduce corruption
and improve governance, including by investigating,
prosecuting, and sanctioning or removing corrupt
officials from office and to implement financial
transparency and accountability measures for government
institutions and officials (including the Central Bank);
(B) taking significant steps to facilitate active
public participation in governance and oversight; and
(C) taking credible steps to protect the
internationally recognized human rights of Afghan women.
(2) There is a unified United States Government anti-
corruption strategy for Afghanistan.
(3) Funds will be programmed to support and strengthen the
capacity of Afghan public and private institutions and entities
to reduce corruption and to improve transparency and
accountability of national, provincial, and local governments,
as outlined in the spending plan submitted to the Committees on
Appropriations on October 26, 2010 (CN 10-298).
(4) Representatives of Afghan national, provincial, or local
governments, local communities, and civil society organizations,
as appropriate, will be consulted and participate in the design
of programs, projects, and activities, including participation
in implementation and oversight, and the development of specific
benchmarks to measure progress and outcomes.
(5) Funds will be used to train and deploy additional United
States Government direct-hire personnel to improve monitoring
and control of assistance.
[[Page 125 STAT. 187]]
(6) A framework and methodology is being utilized to assess
national, provincial, local, and sector level fiduciary risks
relating to public financial management of United States
Government assistance.
(c) Assistance and Operations.--(1) Funds appropriated by this
division under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that are
available for assistance for Afghanistan--
(A) shall be made available, to the maximum extent
practicable, in a manner that emphasizes the
participation of Afghan women, and directly improves the
security, economic and social well-being, and political
status, and protects the rights of, Afghan women and
girls and complies with sections 7062 and 7063 of
division F of Public Law 111-117, including support for
the Afghan Independent Human Rights Commission, the
Afghan Ministry of Women's Affairs, and women-led
nongovernmental organizations;
(B) may be made available for a United States
contribution to an internationally-managed fund to
support the reconciliation with and disarmament,
demobilization, and reintegration into Afghan society
of, former combatants who have renounced violence
against the Government of Afghanistan: Provided, That
funds may be made available to support reconciliation
and reintegration activities only if--
(i) Afghan women are participating at
national, provincial, and local levels of
government in the design, policy formulation and
implementation of the reconciliation or
reintegration process, and such process upholds
steps taken by the Government of Afghanistan to
protect the internationally recognized human
rights of Afghan women; and
(ii) such funds will not be used to support
any pardon or immunity from prosecution, or any
position in the Government of Afghanistan or
security forces, for any leader of an armed group
responsible for crimes against humanity, war
crimes, or other violations of internationally
recognized human rights;
(C) may <<NOTE: Determination. Reports.>> be made
available as a United States contribution to the
Afghanistan Reconstruction Trust Fund (ARTF) unless the
Secretary of State determines and reports to the
Committees on Appropriations that the World Bank
Monitoring Agent of the ARTF is unable to conduct its
financial control and audit responsibilities due to
restrictions on security personnel by the Government of
Afghanistan; and
(D) may be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(2) Funds appropriated under the headings ``Economic Support
Fund'' and ``International Narcotics Control and Law
Enforcement'' by this division that are available for assistance
for Afghanistan that provide training for foreign police,
judicial, and military personnel shall address, where
appropriate, gender-based violence.
[[Page 125 STAT. 188]]
(3) The <<NOTE: Extension. Applicability.>> authority
contained in section 1102(c) of Public Law 111-32 shall continue
in effect during fiscal year 2011 and shall apply as if included
in this division.
(4) The <<NOTE: Consultation.>> Coordinator for Rule of Law
at the United States Embassy in Kabul, Afghanistan, shall be
consulted on the use of all funds appropriated by this division
for rule of law programs in Afghanistan.
(5) None <<NOTE: Contracts.>> of the funds made available by
this division may be used by the United States Government to
enter into a permanent basing rights agreement between the
United States and Afghanistan.
(6) The <<NOTE: Deadline. Spending plan.>> Secretary of
State, after consultation with the USAID Administrator, shall
submit to the Committees on Appropriations not later than 45
days after enactment of this division, and prior to the initial
obligation of funds for assistance for Afghanistan, a detailed
spending plan for such assistance which shall include clear and
achievable goals, benchmarks for measuring progress, and
expected results: Provided, That such plan shall not be
considered as meeting the notification requirements under
section 7015 of division F of Public Law 111-117 or under
section 634A of the Foreign Assistance Act of 1961.
(d) Oversight.--(1) <<NOTE: Deadline. Audit. Inspection plan.>> The
Special Inspector General for Afghanistan Reconstruction, the Inspector
General of the Department of State, and the Inspector General of the
United States Agency for International Development, shall jointly
develop and submit to the Committees on Appropriations within 45 days of
enactment of this division a coordinated audit and inspection plan of
United States assistance for, and civilian operations in, Afghanistan.
(2) Of the funds appropriated by this division under the heading
``Economic Support Fund'' for assistance for Afghanistan, $3,000,000
shall be transferred to, and merged with, funds appropriated by this
division under the heading ``Administration of Foreign Affairs, Office
of Inspector General'', for increased oversight of programs in
Afghanistan and shall be in addition to funds otherwise available for
such purposes: Provided, That $1,500,000 shall be for the activities of
the Special Inspector General for Afghanistan Reconstruction.
(3) Of the funds appropriated by this division under the heading
``Economic Support Fund'' for assistance for Afghanistan, $1,500,000
shall be transferred to, and merged with, funds appropriated by this
division under the heading ``United States Agency for International
Development, Funds Appropriated to the President, Office of Inspector
General'' for increased oversight of programs in Afghanistan and shall
be in addition to funds otherwise available for such purposes.
(e) Modification to Prior Provisions.--(1) Section 1004(c)(1)(C) of
Public Law 111-212 <<NOTE: 124 Stat. 2326.>> is amended to read as
follows:
``(C) taking credible steps to protect the
internationally recognized human rights of Afghan
women.''.
(2) Section 1004(d)(1) of Public Law 111-212 is <<NOTE: 124 Stat.
2326.>> 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''.
[[Page 125 STAT. 189]]
(3) Section 1004(e)(1) of Public Law 111-212 <<NOTE: 124 Stat.
2326.>> is amended to read as follows:
``(1) based on information available to the Secretary, the
Independent Electoral Commission has no members or other
employees who participated in, or helped to cover up, acts of
fraud in the 2009 presidential election in Afghanistan, and the
Electoral Complaints Commission is a genuinely independent body
with all the authorities that were invested in it under Afghan
law as of December 31, 2009; and''.
Sec. 2123. (a) The <<NOTE: Applicability.>> first and second
provisos under the heading ``Bilateral Economic Assistance, Funds
Appropriated to the President, Economic Support Fund'' in division F of
Public Law 111-117 shall be applied to funds appropriated by this
division by substituting the following: ``Provided, That of the funds
appropriated under this heading, up to $250,000,000 shall be made
available for assistance for Egypt for activities that support
democratic elections, promote representative and accountable governance,
protect human rights, strengthen civil society and the rule of law,
reduce poverty, promote equitable economic development, and expand
educational opportunities for disadvantaged Egyptian youth, including
through scholarship <<NOTE: Spending plan.>> programs: Provided further,
That the Secretary of State shall submit a spending plan, including a
comprehensive strategy to promote democracy and development, to the
Committees on Appropriations for funds provided for Egypt under this
heading: Provided further, That such plan shall not be considered as
meeting the notification requirements under section 7015 of division F
of Public Law 111-117 or under section 634A of the Foreign Assistance
Act of 1961: Provided further, That such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading shall be
made available to support democratic transitions in the Middle East and
North Africa, including assistance for civil society organizations and
the development of democratic political parties:''.
(b) Not <<NOTE: Deadline. Reports.>> later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a report on Egypt detailing whether--
(1) a transparent, political transition is occurring that
includes the participation of a wide range of democratic
opposition and civil society leaders and is responsive to their
views;
(2) the emergency law and other laws restricting human
rights have been abrogated; protesters, political and social
activists and journalists are not being arrested, detained or
prosecuted for the peaceful exercise of their rights; and the
government is respecting freedoms of expression, assembly and
association; and
(3) legal and constitutional impediments to free and fair
presidential and parliamentary elections are being removed.
Sec. 2124. Notwithstanding section 1101, the level for
``Multilateral Assistance, International Financial Institutions,
Contribution to the Global Agriculture and Food Security Program'',
shall be $100,000,000 for payment to the Global Agriculture and Food
Security Program by the Secretary of the Treasury, to remain available
until expended.
Sec. 2125. None of the funds made available in this division for
the United Nations Capital Master Plan may be used for the
[[Page 125 STAT. 190]]
design, renovation, or construction of the United Nations Headquarters
in New York in excess of the agreed upon assessments of the United
States pursuant to paragraph 10 of United Nations General Assembly
Resolution 61/251.
Sec. 2126. (a) Contribution to the Asian Development Bank.--In
addition to amounts otherwise made available by this division,
$106,586,000, to remain available until expended, is appropriated for
payment to the Asian Development Bank by the Secretary of the Treasury
for the United States share of the paid-in portion of the increase in
capital stock.
(b) Limitation on Callable Capital Subscriptions.--The United States
Governor of the Asian Development Bank may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $2,558,048,769.
(c) Reporting on Reforms.--Funds shall not be made available for a
United States contribution to the Asian Development Bank (ADB) until the
Secretary of the Treasury reports to the Committees on Appropriations
that the ADB is making substantial progress toward the following policy
goals--
(1) implementing procurement guidelines that maximize
international competitive bidding in accordance with sound
procurement practices, including transparency, competition, and
cost-effective results for Borrowers;
(2) providing greater public disclosure of loan documents,
with particular attention to persons affected by ADB projects;
(3) implementing best practices in domestic laws and
international conventions against corruption for whistleblower
and witness disclosures, and protections against retaliation for
internal and lawful public disclosures by ADB employees and
others affected by ADB operations who report illegality or other
misconduct that could threaten the ADB's mission, including best
practices for legal burdens of proof; access to independent
adjudicative bodies; and results that eliminate the effects of
proven retaliation;
(4) ensuring that the Investigations Office, Auditor General
Office, and Evaluation Office are functionally independent, free
from interference when determining the scope of investigations
and audits, performing work and communicating results, and
regularly report to the ADB's board of directors and, as
appropriate and in a manner consistent with such functional
independence of the Investigations Office and the Auditor
General Office, to the ADB President;
(5) requiring that each candidate for adjustment or budget
support loans provide an assessment of reforms to budgetary and
procurement processes to encourage transparency, including
budget publication and public scrutiny, prior to loan or grant
approval;
(6) ensuring that the ADB's Accountability Mechanism
provides transparency and protects local residents affected by
ADB projects; and
(7) making publicly available external and internal
performance and financial audits of ADB projects on the ADB's
website.
(d) Report Dates.--Not later than 180 days after enactment of this
Act, and every 6 months thereafter until September 30, 2013, the
Secretary of the Treasury shall submit to the Committees
[[Page 125 STAT. 191]]
on Appropriations a report detailing the extent to which the ADB has
made progress on each policy goal listed in subsection (c).
(e) Amendment.--The Asian Development Bank Act (22 U.S.C. 285 et
seq.), is amended by adding at the end the following:
``SEC. 33. <<NOTE: 22 USC 285dd.>> NINTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $461,000,000 to the ninth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $461,000,000 for payment by the Secretary of the
Treasury.
``SEC. 34. <<NOTE: 22 USC 285ee.>> FIFTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) The United States Governor of the Bank may subscribe
on behalf of the United States to 1,104,420 additional shares of
the capital stock of the Bank.
``(2) Any subscription by the United States to capital stock
of the Bank shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.
``(b) Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank provided for in subsection (a), there
are authorized to be appropriated, without fiscal year
limitation, $13,323,173,083, for payment by the Secretary of the
Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1)--
``(A) $532,929,240 is authorized to be appropriated
for paid-in shares of the Bank; and
``(B) $12,790,243,843 is authorized to be
appropriated for callable shares of the Bank, for
payment by the Secretary of the Treasury.''.
TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
Sec. 2201. Notwithstanding section 1101, the level for ``Department
of Transportation, Office of the Secretary, Transportation Planning,
Research, and Development'' shall be $9,819,000.
Sec. 2202. Notwithstanding section 1101, the level for ``Department
of Transportation, Office of the Secretary, National Infrastructure
Investments'' shall be $528,000,000:
Provided, <<NOTE: Applicability.>> That the amounts included under such
heading in division A of Public Law 111-117 shall be applied to funds
appropriated by this division by substituting ``$0'' for
``$35,000,000''.
Sec. 2203. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Aviation Administration, Operations'' shall
be $9,533,028,000, of which $4,559,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not less than $7,473,299,000
shall be for air traffic organization activities and not less than
$1,253,020,000 shall be for aviation safety activities.
Sec. 2204. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Aviation Administration, Facilities
[[Page 125 STAT. 192]]
and Equipment'' shall be $2,736,203,000, of which $2,226,203,000 shall
remain available through September 30, 2013, and of which $470,000,000
shall remain available through September 30, 2011.
Sec. 2205. Notwithstanding <<NOTE: Applicability.>> section 1101,
the amounts included under the heading ``Department of Transportation,
Federal Aviation Administration, Grants-in-Aid for Airports, Liquidation
of Contract Authorization'' in division A of Public Law 111-117 shall be
applied to funds appropriated by this division by substituting
``$3,550,000,000'' for ``$3,000,000,000''.
Sec. 2206. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Aviation Administration, Research,
Engineering, and Development'' shall be $170,000,000.
Sec. 2207. Of <<NOTE: Rescissions.>> the unobligated balances of
funds apportioned to each State under chapter 1 of title 23, United
States Code, $2,500,000,000 are permanently rescinded: Provided, That
such rescission shall not apply to the funds distributed in accordance
with sections 130(f) and 104(b)(5) of title 23, United States Code;
sections 133(d)(1) and 163 of such title, as in effect on the day before
the date of enactment of Public Law 109-59; and the first sentence of
section 133(d)(3)(A) <<NOTE: States. Determination.>> of such title:
Provided further, That notwithstanding section 1132 of Public Law 110-
140, in administering the rescission required under this heading, the
Secretary of Transportation shall allow each State to determine the
amount of the required rescission to be drawn from the programs to which
the rescission applies.
Sec. 2208. Notwithstanding section 1101, no funds made available by
this division shall be for activities described in section 122 of title
I of division A of Public Law 111-117.
Sec. 2209. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Highway Administration, Surface
Transportation Priorities'' shall be $0.
Sec. 2210. Unobligated <<NOTE: Rescissions.>> balances of funds
made available for obligation under section 320 of title 23, United
States Code, section 147 of Public Law 95-599, section 9(c) of Public
Law 97-134, section 149 of Public Law 100-17, and sections 1006, 1069,
1103, 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 of Public Law
102-240 are permanently rescinded.
Sec. 2211. The <<NOTE: Rescission.>> unobligated balance available
on September 30, 2011, under section 1602 of the Transportation Equity
Act for the 21st Century (Public Law 105-178) for each project for which
less than 10 percent of the amount authorized for such project under
such section has been obligated is permanently rescinded.
Sec. 2212. Of <<NOTE: Rescissions.>> the amounts authorized for
fiscal years 2005 through 2009 in section 1101(a)(16) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59) to carry out the high priority projects
program under section 117 of title 23, United States Code, that are not
allocated for projects described in section 1702 of such Act, $8,190,335
are permanently rescinded.
Sec. 2213. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Motor Carrier Safety Administration, Motor
Carrier Safety Operations and Programs, (Liquidation of Contract
Authorization), (Limitation on Obligations), (Highway Trust Fund)''
shall be $245,000,000.
Sec. 2214. Of <<NOTE: Audits.>> the amount made available for
``Department of Transportation, Motor Carrier Safety Grants,
(Liquidation of
[[Page 125 STAT. 193]]
Contract Authorization), (Limitation on Obligations), (Highway Trust
Fund)'' for the commercial driver's license information system
modernization program, $3,000,000 shall be made available for audits of
new entrant motor carriers to carry out section 4107(b) of Public Law
109-59, and 31104(a) of title 49, United States Code, and $5,000,000
shall be made available for the commercial driver's license improvements
program to carry out section 31313 of title 49, United States Code.
Sec. 2215. Of <<NOTE: Rescission.>> the unobligated amounts
available for Safety Belt Performance Grants under section 406 of title
23, United States Code, $76,000,000 are permanently rescinded.
Sec. 2216. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Railroad Administration, Railroad Safety
Technology Program'' shall be $0.
Sec. 2217. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Railroad Administration, Safety and
Operations'' shall be $176,950,000.
Sec. 2218. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Railroad Administration, Railroad Research
and Development'' shall be $35,100,000.
Sec. 2219. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Railroad Administration, Rail Line Relocation
and Improvement Program'' shall be $10,532,000.
Sec. 2220. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Railroad Administration, Capital and Debt
Service Grants to the National Railroad Passenger Corporation'' shall be
$923,625,000.
Sec. 2221. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Railroad Administration, Capital Assistance
for High Speed Rail Corridors and Intercity Passenger Rail Service''
shall be $0.
Sec. 2222. Of <<NOTE: Rescission.>> the prior year unobligated
balances available for ``Department of Transportation, Federal Railroad
Administration, Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'', $400,000,000 is rescinded.
Sec. 2223. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Transit Administration, Grants for Energy
Efficiency and Greenhouse Gas Reductions'' shall be $50,000,000.
Sec. 2224. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Transit Administration, Capital Investment
Grants'' shall be $1,600,000,000.
Sec. 2225. Of <<NOTE: Rescission.>> the funds made available for
``Department of Transportation, Federal Transit Administration, Capital
Investment Grants'' in division A of Public Law 111-117, $280,000,000 is
rescinded.
Sec. 2226. Notwithstanding section 1101, the level for ``Department
of Transportation, Federal Transit Administration, Research and
University Research Centers'' shall be $59,000,000.
Sec. 2227. Notwithstanding section 1101, the level for ``Department
of Transportation, Maritime Administration, Operations and Training''
shall be $151,750,000, of which $11,240,000 shall remain available until
expended for maintenance and repair of training ships at State Maritime
Academies; $15,000,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and
$59,057,000 shall be available for operations at the United States
Merchant Marine Academy:
[[Page 125 STAT. 194]]
Provided, That of the funds made available under such heading in
division A of Public Law 111-117, up to $6,000,000 may be used for the
reimbursement of overcharged midshipmen fees for academic years 2003-
2004 through 2008-2009, to remain available until expended: Provided
further, That the reimbursement decisions of the Secretary pursuant to
the previous proviso shall be final and conclusive: Provided further,
That of the funds made available under such heading by this division,
$1,000,000 shall be for the information technology requirements of
Public Law 111-207, to be available until expended.
Sec. 2228. Notwithstanding section 1101, the level for ``Department
of Transportation, Maritime Administration, Assistance to Small
Shipyards'' shall be $10,000,000.
Sec. 2229. Notwithstanding section 1101, the level for each of the
following accounts under the heading ``Department of Transportation,
Pipeline and Hazardous Materials Safety Administration'' shall be as
follows: ``Operational Expenses, (Pipeline Safety Fund)'', $21,496,000;
``Hazardous Materials Safety'', $39,098,000, of which $1,699,000 shall
remain available until September 30, 2013; and ``Pipeline Safety
(Pipeline Safety Fund) (Oil Spill Liability Trust Fund)'', $106,919,000,
of which $18,905,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2013, and of which
$88,014,000 shall be derived from the Pipeline Safety Fund, of which
$47,332,000 shall remain available until September 30, 2013.
Sec. 2230. Notwithstanding section 1101, section 186 of title I of
division A of Public Law 111-117 shall not apply in fiscal year 2011.
Sec. 2231. Notwithstanding section 1101, none of the funds made
available by this division shall be available for activities described
in section 195 of title I of division A of Public Law 111-117.
Sec. 2232. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Management and Administration,
Administration, Operations and Management'' shall be $525,040,000:
Provided, That the Secretary shall adjust other amounts specified under
this heading to stay within the level provided under this section.
Sec. 2233. Notwithstanding section 1101, section 231 of title II of
division A of Public Law 111-117 (123 Stat. 3105) is amended to read as
follows: ``The <<NOTE: Transfer authority.>> Secretary of Housing and
Urban Development is authorized to transfer up to 5 percent or
$5,000,000, whichever is less, of the funds made available for personnel
or nonpersonnel expenses under any account under this title under the
general heading `Personnel Compensation and Benefits', or under any set-
aside within the accounts under the headings `Executive Direction' and
`Administration, Operations and Management', to any other such account
or set-aside: Provided, That <<NOTE: Approval.>> no appropriation for
personnel or non-personnel expenses in any such account or set-aside
shall be increased or decreased by more than 5 percent or $5,000,000,
whichever is less, without prior written approval of the House and
Senate Committees on Appropriations.''.
Sec. 2234. Notwithstanding section 1101, the level for each of the
following accounts under the heading ``Department of Housing and Urban
Development, Personnel Compensation and Benefits'' shall be as follows:
``Public and Indian Housing'', $189,074,000;
[[Page 125 STAT. 195]]
``Community Planning and Development'', $96,989,000; ``Housing'',
$381,887,000; and ``Policy Development and Research'', $19,138,000.
Sec. 2235. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Public and Indian Housing, Tenant-
Based Rental Assistance'' shall be $14,407,688,000, to remain available
until expended, which shall be available on October 1, 2010 (in addition
to the $4,000,000,000 previously appropriated under such heading that
became available on October 1, 2010), and, notwithstanding section 1118,
an additional $4,000,000,000, to remain available until expended, shall
be available on October 1, 2011: Provided, That of the amounts available
for such heading, $16,702,688,000 shall be for activities specified in
paragraph (1) under such heading of title II of division A of Public Law
111-117; $110,000,000 shall be for activities specified in paragraph (2)
under such heading in such Public Law; $1,450,000,000 shall be for
activities specified in paragraph (3) under such heading in such Public
Law, of which $1,400,000,000 shall be allocated as provided in the first
proviso of such paragraph (3); and $50,000,000 shall be for activities
specified in paragraph (6) under such heading in
such <<NOTE: Contracts.>> Public Law: Provided further, That paragraph
(5) under such heading in such <<NOTE: 123 Stat. 3078.>> Public Law is
amended by striking ``$15,000,000'' and all that follows through the end
of such paragraph and inserting ``$35,000,000 for amendment and renewal
of tenant-based assistance contracts under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), including
necessary administrative expenses;''.
Sec. 2236. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Public and Indian Housing, Public
Housing Operating Fund'' shall be $4,626,000,000.
Sec. 2237. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Public and Indian Housing,
Revitalization of Severely Distressed Public Housing (HOPE VI)'' shall
be $100,000,000.
Sec. 2238. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Public and Indian Housing, Public
Housing Capital Fund'' shall be $2,044,200,000.
Sec. 2239. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Public and Indian Housing, Native
American Housing Block Grants'' shall be $650,000,000.
Sec. 2240. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Community Planning and Development,
Community Development Fund'' shall be $3,508,000,000, of which
$3,343,000,000 shall be for carrying out the community development block
grant program under title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.): Provided, That <<NOTE: Grants.>> none
of the funds made available under such heading by this division may be
used for grants for the Economic Development Initiative or Neighborhood
Initiatives activities, Rural Innovation Fund, or for grants pursuant to
section 107 of the Housing and Community Development Act of 1974 (42
U.S.C. 5307): Provided further, That of the amounts made available under
such heading by this division, $100,000,000 shall be for a Sustainable
Communities Initiative, of which $70,000,000 shall be for Regional
Integrated Planning Grants and $30,000,000 shall be for Community
Challenge Planning Grants: Provided further,
[[Page 125 STAT. 196]]
That of such amount made available for Regional Integrated Planning
Grants, $17,500,000 shall be for activities specified in the second
proviso of the last paragraph under such heading in title II of division
A of Public Law 111-117 and 0 shall be for activities specified in the
sixth proviso of such paragraph.
Sec. 2241. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Community Planning and Development,
Homeless Assistance Grants'' shall be $1,905,000,000, of which at least
$225,000,000 shall be for the Emergency Solutions Grant program.
Sec. 2242. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Community Planning and Development,
HOME Investment Partnerships Program'' shall be $1,610,000,000.
Sec. 2243. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Community Planning and Development,
Brownfields Redevelopment'' shall be $0.
Sec. 2244. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Housing Programs, Project-Based Rental
Assistance'' shall be $8,882,328,000, to remain available until
expended, which shall be available on October 1, 2010 (in addition to
$393,672,000 previously appropriated under such heading that became
available on October 1, 2010), and, notwithstanding section 1118, an
additional $400,000,000, to remain available until expended, shall be
available on October 1, 2011: Provided, That of the amounts available
for such heading, $8,950,000,000 shall be for activities specified in
paragraph (1) under such heading of title II of division A of Public Law
111-117 and $326,000,000 shall be available for activities specified in
paragraph (2) under such heading of such Public Law.
Sec. 2245. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Housing Programs, Housing Counseling
Assistance'' shall be $0.
Sec. 2246. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Housing Programs, Housing for the
Elderly'' shall be $400,000,000: Provided, That of such amounts, up to
$100,000,000 shall be available for capital advance and project-based
rental assistance awards, and none of such amounts shall be available
for activities specified in the third proviso under such heading in
title II of division A of Public Law 111-117.
Sec. 2247. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Housing Programs, Housing for Persons
with Disabilities'' shall be $150,000,000, of which up to $50,000,000
shall be for capital advances and project-based rental assistance
contracts and up to $32,000,000 shall be available for amendments or
renewal of tenant-based assistance contracts entered into prior to
fiscal year 2007.
Sec. 2248. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Housing Programs, Energy Innovation
Fund'' shall be $0.
Sec. 2249. The <<NOTE: Applicability.>> heading ``Department of
Housing and Urban Development, Housing Programs, Other Assisted Housing
Programs, Rental Housing Assistance'' shall be applied by also being
available for extensions of up to one year for expiring contracts under
such sections of law.
[[Page 125 STAT. 197]]
Sec. 2250. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Housing Programs, Rent Supplement
(Rescission)'' shall be $40,600,000.
Sec. 2251. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Federal Housing Administration, Mutual
Mortgage Insurance Program Account'' for administrative contract
expenses shall be $207,000,000.
Sec. 2252. The <<NOTE: Applicability.>> first proviso in the first
paragraph under the heading ``Department of Housing and Urban
Development, Federal Housing Administration, General and Special Risk
Program Account'' in division A of Public Law 111-117 shall be applied
in fiscal year 2011 by substituting ``$20,000,000,000'' for
``$15,000,000,000''.
Sec. 2253. Notwithstanding section 1101, the level for ``Department
of Housing and Urban Development, Office of Lead Hazard Control and
Healthy Homes, Lead Hazard Reduction'' shall be $120,000,000.
Sec. 2254. Notwithstanding section 1101, the level under the
heading ``Related Agencies, United States Interagency Council on
Homelessness, Operating Expenses'' shall be $2,680,000.
Sec. 2255. Section 209 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11319) is amended by striking all that follows ``on'' and
inserting ``October 1, 2013.''.
Sec. 2256. The first proviso under the heading ``Housing for the
Elderly'' and under the heading ``Housing for Persons with
Disabilities'' in division A of Public Law 111-117 <<NOTE: 12 USC 1701g
note; 42 USC 8013 note.>> are each amended to read as follows:
``Provided, That <<NOTE: Time period.>> amounts obligated for initial
project rental assistance contracts from amounts appropriated in fiscal
year 2003 and thereafter shall remain available for the purpose of
paying such obligations incurred prior to the expiration of such amounts
for a 10 year period following such expiration:''.
Sec. 2257. The amounts provided by section 1101 for ``Department of
Housing and Urban Development, Housing Programs, Housing for Persons
with Disabilities'' shall, in addition to use as provided under such
heading in title II of division A of Public Law 111-117, be available
for project assistance contracts pursuant to section 202(h) of the
Housing Act of 1959 (12 U.S.C. 1701q).
Sec. 2258. Notwithstanding section 1101, the level under the
heading ``Department of Housing and Urban Development, Management and
Administration, Transformation Initiative'' for combating mortgage fraud
shall be $0.
Sec. 2259. The heading ``Department of Housing and Urban
Development, Management and Administration, Transformation Initiative''
in title II of division A of Public Law 111-117 is amended by striking
the second paragraph and inserting the following: ``For necessary
expenses of information technology modernization, including development
and deployment of a Next Generation of Voucher Management System and
development and deployment of modernized Federal Housing Administration
systems, $71,000,000, to remain <<NOTE: Expenditure plan.>> available
until September 30, 2013: Provided, That not more than 35 percent of the
funds made available for information technology modernization may be
obligated until the Secretary submits to the Committees on
Appropriations a plan for expenditure that: (1) identifies for each
modernization project: (A) the functional and performance capabilities
to be delivered and the mission benefits to be realized; (B) the
estimated lifecycle cost; and (C) key milestones to be met; (2)
demonstrates that
[[Page 125 STAT. 198]]
each modernization project is: (A) compliant with the Department's
enterprise architecture; (B) being managed in accordance with applicable
lifecycle management policies and guidance; (C) subject to the
Department's capital planning and investment control requirements; and
(D) supported by an adequately staffed project office; and (3) has been
reviewed by the Government Accountability Office. In addition,
of <<NOTE: Transfer authority.>> the amounts made available in this
division under each of the following headings under this title, the
Secretary may transfer to, and merge with, this account up to 1 percent
from each such account, and such transferred amounts shall be available
until September 30, 2013, for: (1) research, evaluation, and program
metrics; (2) program demonstrations; (3) technical assistance and
capacity building; and (4) information technology: `Revitalization of
Severely Distressed Public Housing', `Section 108 Loan Guarantees',
`Housing Opportunities for Persons With AIDS', `Community Development
Fund', `HOME Investment Partnerships Program', `Self-Help and Assisted
Homeownership Opportunity Program', `Housing for the Elderly', `Housing
for Persons With Disabilities', `Payment to Manufactured Housing Fees
Trust Fund', `Mutual Mortgage Insurance Program Account', `General and
Special Risk Program Account', `Research and Technology', `Lead Hazard
Reduction', `Rental Housing Assistance', and `Fair Housing Activities':
Provided further, That of the amounts made available under this heading,
not less than $45,000,000 shall be available for technical assistance
and capacity building: Provided further, That technical assistance
activities shall include, technical assistance for HUD programs,
including HOME, Community Development Block Grant, homeless programs,
HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher Program, Fair
Housing Initiative Program, Housing Counseling, Healthy Homes,
Sustainable Communities, Energy Innovation Fund and other technical
assistance as determined by the Secretary: Provided further, That any
amounts available for research, evaluation, and program metrics and
program demonstrations shall be used to complete ongoing projects,
evaluations, <<NOTE: Plans.>> and assessments: Provided further, That
the Secretary shall submit a plan to the House and Senate Committees on
Appropriations for approval detailing how the funding provided under
this section will be allocated to each of the four categories identified
under this section and for what projects or activities funding will be
used: Provided further, That following the initial approval of this
plan, the Secretary may amend the plan with the approval of the House
and Senate Committees on Appropriations.''.
Sec. 2260. Notwithstanding section 1101, the level for ``National
Railroad Passenger Corporation, Office of Inspector General, Salaries
and Expenses'' shall be $19,350,000.
Sec. 2261. No <<NOTE: Applicability.>> rescission made in this
title shall apply to any amount previously designated by the Congress as
an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 2262. None <<NOTE: Salaries.>> of the funds made available by
this division may be used to pay the salaries and expenses for the
following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
[[Page 125 STAT. 199]]
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2011''.
DIVISION C--SCHOLARSHIPS <<NOTE: Scholarships for Opportunity and
Results Act. District of Columbia.>> FOR OPPORTUNITY AND RESULTS ACT
SEC. 3001. SHORT TITLE.
This division may be cited as the ``Scholarships for Opportunity and
Results Act'' or the ``SOAR Act''.
SEC. 3002. FINDINGS.
Congress finds the following:
(1) Parents are best equipped to make decisions for their
children, including the educational setting that will best serve
the interests and educational needs of their child.
(2) For many parents in the District of Columbia, public
school choice provided under the Elementary and Secondary
Education Act of 1965, as well as under other public school
choice programs, is inadequate. More educational options are
needed to ensure all families in the District of Columbia have
access to a quality education. In particular, funds are needed
to provide low-income parents with enhanced public opportunities
and private educational environments, regardless of whether such
environments are secular or nonsecular.
(3) While the per student cost for students in the public
schools of the District of Columbia is one of the highest in the
United States, test scores for such students continue to be
among the lowest in the Nation. The National Assessment of
Educational Progress (NAEP), an annual report released by the
National Center for Education Statistics, reported in its 2009
study that students in the District of Columbia were being
outperformed by every State in the Nation. On the 2009 NAEP, 56
percent of fourth grade students scored ``below basic'' in
reading, and 44 percent scored ``below basic'' in mathematics.
Among eighth grade students, 49 percent scored ``below basic''
in reading and 60 percent scored ``below basic'' in mathematics.
On the 2009 NAEP reading assessment, only 17 percent of the
District of Columbia fourth grade students could read
proficiently, while only 13 percent of the eighth grade students
scored at the proficient or advanced level.
(4) In 2003, Congress passed the DC School Choice Incentive
Act of 2003 (Public Law 108-199; 118 Stat. 126), to provide
opportunity scholarships to parents of students in the District
of Columbia to enable them to pursue a high-quality education at
a public or private elementary or secondary school of their
choice. The DC Opportunity Scholarship Program (DC OSP) under
such Act was part of a comprehensive 3-part funding arrangement
that also included additional funds for the District of Columbia
public schools, and additional funds for public charter schools
of the District of Columbia. The intent of the approach was to
ensure that progress would continue to be made to improve public
schools and public charter schools,
[[Page 125 STAT. 200]]
and that funding for the opportunity scholarship program would
not lead to a reduction in funding for the District of Columbia
public and charter schools. Resources would be available for a
variety of educational options that would give families in the
District of Columbia a range of choices with regard to the
education of their children.
(5) The DC OSP was established in accordance with the
Supreme Court decision, Zelman v. Simmons-Harris, 536 U.S. 639
(2002), which found that a program enacted for the valid secular
purpose of providing educational assistance to low-income
children in a demonstrably failing public school system is
constitutional if it is neutral with respect to religion and
provides assistance to a broad class of citizens who direct
government aid to religious and secular schools solely as a
result of their genuine and independent private choices.
(6) Since the inception of the DC OSP, it has consistently
been oversubscribed. Parents express strong support for the
opportunity scholarship program. Rigorous studies of the program
by the Institute of Education Sciences have shown significant
improvements in parental satisfaction and in reading scores that
are more dramatic when only those students consistently using
the scholarships are considered. The program also was found to
result in significantly higher graduation rates for DC OSP
students.
(7) The DC OSP is a program that offers families in need, in
the District of Columbia, important alternatives while public
schools are improved. This program should be reauthorized as 1
of a 3-part comprehensive funding strategy for the District of
Columbia school system that provides new and equal funding for
public schools, public charter schools, and opportunity
scholarships for students to attend private schools.
SEC. 3003. PURPOSE.
The purpose of this division is to provide low-income parents
residing in the District of Columbia, particularly parents of students
who attend elementary schools or secondary schools identified for
improvement, corrective action, or restructuring under section 1116 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316),
with expanded opportunities for enrolling their children in other
schools in the District of Columbia, at least until the public schools
in the District of Columbia have adequately addressed shortfalls in
health, safety, and security, and the students in the District of
Columbia public schools are testing in mathematics and reading at or
above the national average.
SEC. 3004. GENERAL AUTHORITY.
(a) Opportunity Scholarships.--
(1) In general.--From <<NOTE: Grants.>> funds appropriated
under section 3014(a)(1), the Secretary shall award grants on a
competitive basis to eligible entities with approved
applications under section 3005 to carry out a program to
provide eligible students with expanded school choice
opportunities. The Secretary may award a single grant or
multiple grants, depending on the quality of applications
submitted and the priorities of this division.
(2) Duration of grants.--The Secretary may make grants under
this subsection for a period of not more than 5 years.
[[Page 125 STAT. 201]]
(b) DC Public Schools and Charter Schools.--From funds appropriated
under paragraphs (2) and (3) of section 3014(a), the Secretary shall
provide funds to the Mayor of the District of Columbia, if the Mayor
agrees to the requirements described in section 3011(a), for--
(1) the District of Columbia public schools to improve
public education in the District of Columbia; and
(2) the District of Columbia public charter schools to
improve and expand quality public charter schools in the
District of Columbia.
SEC. 3005. APPLICATIONS.
(a) In General.--In order to receive a grant under section 3004(a),
an eligible entity shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
(b) Contents.--The Secretary may not approve the request of an
eligible entity for a grant under section 3004(a) unless the entity's
application includes--
(1) a detailed description of--
(A) how the entity will address the priorities
described in section 3006;
(B) how the entity will ensure that if more eligible
students seek admission in the program of the entity
than the program can accommodate, eligible students are
selected for admission through a random selection
process which gives weight to the priorities described
in section 3006;
(C) how the entity will ensure that if more
participating eligible students seek admission to a
participating school than the school can accommodate,
participating eligible students are selected for
admission through a random selection process;
(D) how the entity will notify parents of eligible
students of the expanded choice opportunities in order
to allow the parents to make informed decisions;
(E) the activities that the entity will carry out to
provide parents of eligible students with expanded
choice opportunities through the awarding of
scholarships under section 3007(a);
(F) how the entity will determine the amount that
will be provided to parents under section 3007(a)(2) for
the payment of tuition, fees, and transportation
expenses, if any;
(G) how the entity will seek out private elementary
schools and secondary schools in the District of
Columbia to participate in the program;
(H) how the entity will ensure that each
participating school will meet the reporting and other
program requirements under this division;
(I) how the entity will ensure that participating
schools submit to site visits by the entity as
determined to be necessary by the entity, except that a
participating school may not be required to submit to
more than 1 site visit per school year;
[[Page 125 STAT. 202]]
(J) how the entity will ensure that participating
schools are financially responsible and will use the
funds received under section 3007 effectively;
(K) how the entity will address the renewal of
scholarships to participating eligible students,
including continued eligibility; and
(L) how the entity will ensure that a majority of
its voting board members or governing organization are
residents of the District of Columbia; and
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section
3009(a).
SEC. 3006. PRIORITIES.
In awarding grants under section 3004(a), the Secretary shall give
priority to applications from eligible entities that will most
effectively--
(1) in awarding scholarships under section 3007(a), give
priority to--
(A) eligible students who, in the school year
preceding the school year for which the eligible
students are seeking a scholarship, attended an
elementary school or secondary school identified for
improvement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316);
(B) students who have been awarded a scholarship in
a preceding year under this division or the DC School
Choice Incentive Act of 2003 (sec. 38-1851.01 et seq.,
D.C. Official Code), as such Act was in effect on the
day before the date of the enactment of this division,
but who have not used the scholarship, including
eligible students who were provided notification of
selection for a scholarship for school year 2009-2010,
which was later rescinded in accordance with direction
from the Secretary of Education; and
(C) students whose household includes a sibling or
other child who is already participating in the program
of the eligible entity under this division, regardless
of whether such students have, in the past, been
assigned as members of a control study group for the
purposes of an evaluation under section 3009(a);
(2) target resources to students and families that lack the
financial resources to take advantage of available educational
options; and
(3) provide students and families with the widest range of
educational options.
SEC. 3007. USE OF FUNDS.
(a) Opportunity Scholarships.--
(1) In general.--Subject to paragraphs (2) and (3), an
eligible entity receiving a grant under section 3004(a) shall
use the grant funds to provide eligible students with
scholarships to pay the tuition, fees, and transportation
expenses, if any, to enable the eligible students to attend the
District of Columbia private elementary school or secondary
school of their choice beginning in school year 2011-2012. Each
such eligible entity shall ensure that the amount of any tuition
[[Page 125 STAT. 203]]
or fees charged by a school participating in such entity's
program under this division to an eligible student participating
in the program does not exceed the amount of tuition or fees
that the school charges to students who do not participate in
the program.
(2) Payments to parents.--An eligible entity receiving a
grant under section 3004(a) shall make scholarship payments
under the entity's program under this division to the parent of
the eligible student participating in the program, in a manner
which ensures that such payments will be used for the payment of
tuition, fees, and transportation expenses (if any), in
accordance with this division.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to the other
requirements of this section, an eligible entity
receiving a grant under section 3004(a) may award
scholarships in larger amounts to those eligible
students with the greatest need.
(B) Annual limit on amount.--
(i) Limit for school year 2011-2012.--The
amount of assistance provided to any eligible
student by an eligible entity under the entity's
program under this division for school year 2011-
2012 may not exceed--
(I) $8,000 for attendance in
kindergarten through grade 8; and
(II) $12,000 for attendance in
grades 9 through 12.
(ii) Cumulative inflation <<NOTE: Effective
date.>> adjustment.--Beginning with school year
2012-2013, the Secretary shall adjust the maximum
amounts of assistance described in clause (i) for
inflation, as measured by the percentage increase,
if any, from the preceding fiscal year in the
Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the
Department of Labor.
(4) Participating school requirements.--None of the funds
provided under this division for opportunity scholarships may be
used by an eligible student to enroll in a participating private
school unless the participating school--
(A) has and maintains a valid certificate of
occupancy issued by the District of Columbia;
(B) makes readily available to all prospective
students information on its school accreditation;
(C) in the case of a school that has been operating
for 5 years or less, submits to the eligible entity
administering the program proof of adequate financial
resources reflecting the financial sustainability of the
school and the school's ability to be in operation
through the school year;
(D) agrees to submit to site visits as determined to
be necessary by the eligible entity pursuant to section
3005(b)(1)(I);
(E) has financial systems, controls, policies, and
procedures to ensure that funds are used according to
this division; and
(F) ensures that each teacher of core subject matter
in the school has a baccalaureate degree or equivalent
[[Page 125 STAT. 204]]
degree, whether such degree was awarded in or outside of
the United States.
(b) Administrative Expenses.--An eligible entity receiving a grant
under section 3004(a) may use not more than 3 percent of the amount
provided under the grant each year for the administrative expenses of
carrying out its program under this division during the year,
including--
(1) determining the eligibility of students to participate;
(2) selecting eligible students to receive scholarships;
(3) determining the amount of scholarships and issuing the
scholarships to eligible students;
(4) compiling and maintaining financial and programmatic
records; and
(5) conducting site visits as described in section
3005(b)(1)(I).
(c) Parental Assistance.--An eligible entity receiving a grant under
section 3004(a) may use not more than 2 percent of the amount provided
under the grant each year for the expenses of educating parents about
the entity's program under this division, and assisting parents through
the application process, under this division, including--
(1) providing information about the program and the
participating schools to parents of eligible students;
(2) providing funds to assist parents of students in meeting
expenses that might otherwise preclude the participation of
eligible students in the program; and
(3) streamlining the application process for parents.
(d) Student Academic Assistance.--An eligible entity receiving a
grant under section 3004(a) may use not more than 1 percent of the
amount provided under the grant each year for expenses to provide
tutoring services to participating eligible students that need
additional academic assistance. If there are insufficient funds to
provide tutoring services to all such students in a year, the eligible
entity shall give priority in such year to students who previously
attended an elementary school or secondary school that was identified
for improvement, corrective action, or restructuring under section 1116
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316).
SEC. 3008. NONDISCRIMINATION AND OTHER REQUIREMENTS FOR
PARTICIPATING SCHOOLS.
(a) In General.--An eligible entity or a school participating in any
program under this division shall not discriminate against program
participants or applicants on the basis of race, color, national origin,
religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or Activities.--
(1) In general.--Notwithstanding any other provision of law,
the prohibition of sex discrimination in subsection (a) shall
not apply to a participating school that is operated by,
supervised by, controlled by, or connected to a religious
organization to the extent that the application of subsection
(a) is inconsistent with the religious tenets or beliefs of the
school.
(2) Single sex schools, classes, or activities.--
Notwithstanding subsection (a) or any other provision of law, a
parent
[[Page 125 STAT. 205]]
may choose and a school may offer a single sex school, class, or
activity.
(3) Applicability.--For purposes of this division, the
provisions of section 909 of the Education Amendments of 1972
(20 U.S.C. 1688) shall apply to this division as if section 909
of the Education Amendments of 1972 (20 U.S.C. 1688) were part
of this division.
(c) Children With Disabilities.--Nothing in this division may be
construed to alter or modify the provisions of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of law,
a school participating in any program under this division that
is operated by, supervised by, controlled by, or connected to, a
religious organization may exercise its right in matters of
employment consistent with title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in
such title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this division to
eligible students, which are used at a participating school as a
result of their parents' choice, shall not, consistent with the
first amendment of the Constitution, necessitate any change in
the participating school's teaching mission, require any
participating school to remove religious art, icons, scriptures,
or other symbols, or preclude any participating school from
retaining religious terms in its name, selecting its board
members on a religious basis, or including religious references
in its mission statements and other chartering or governing
documents.
(e) Rule of Construction.--A scholarship (or any other form of
support provided to parents of eligible students) under this division
shall be considered assistance to the student and shall not be
considered assistance to the school that enrolls the eligible student.
The amount of any scholarship (or other form of support provided to
parents of an eligible student) under this division shall not be treated
as income of the child or his or her parents for purposes of Federal tax
laws or for determining eligibility for any other Federal program.
(f) Requests for Data and Information.--Each school participating in
a program funded under this division shall comply with all requests for
data and information regarding evaluations conducted under section
3009(a).
(g) Rules of Conduct and Other School Policies.--A participating
school, including the schools described in subsection (d), may require
eligible students to abide by any rules of conduct and other
requirements applicable to all other students at the school.
(h) Nationally Norm-Referenced Standardized Tests.--
(1) In general.--Each participating school shall comply with
any testing requirements determined to be necessary for
evaluation under section 3009(a)(2)(A)(i).
(2) Make-up session.--If a participating school does not
administer a nationally norm-referenced standardized test or the
Institute of Education Sciences does not receive data on a
student who is receiving an opportunity scholarship, then the
Secretary (through the Institute of Education Sciences of
[[Page 125 STAT. 206]]
the Department of Education) shall administer such test at least
one time during a school year for each student receiving an
opportunity scholarship.
SEC. 3009. EVALUATIONS.
(a) In General.--
(1) Duties of the secretary and <<NOTE: Contracts.>> the
mayor.--The Secretary and the Mayor of the District of Columbia
shall--
(A) jointly enter into an agreement with the
Institute of Education Sciences of the Department of
Education to evaluate annually the performance of
students who received scholarships under the 5-year
program under this division;
(B) jointly enter into an agreement to monitor and
evaluate the use of funds authorized and appropriated
for the District of Columbia public schools and the
District of Columbia public charter schools under this
division; and
(C) make the evaluations described in subparagraphs
(A) and (B) public in accordance with subsection (c).
(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
(A) ensure that the evaluation under paragraph
(1)(A)--
(i) is conducted using the strongest possible
research design for determining the effectiveness
of the opportunity scholarship program under this
division; and
(ii) addresses the issues described in
paragraph (4); and
(B) disseminate information on the impact of the
program--
(i) in increasing the academic growth and
achievement of participating eligible students;
and
(ii) on students and schools in the District
of Columbia.
(3) Duties of the institute of education sciences.--The
Institute of Education Sciences of the Department of Education
shall--
(A) use a grade appropriate, nationally norm-
referenced standardized test each school year to assess
participating eligible students;
(B) measure the academic achievement of all
participating eligible students; and
(C) work with the eligible entities to ensure that
the parents of each student who applies for a
scholarship under this division (regardless of whether
the student receives the scholarship) and the parents of
each student participating in the scholarship program
under this division, agree that the student will
participate in the measurements given annually by the
Institute of Educational Sciences for the period for
which the student applied for or received the
scholarship, respectively, except that nothing in this
subparagraph shall affect a student's priority for an
opportunity scholarship as provided under section 3006.
(4) Issues to be evaluated.--The issues to be evaluated
under paragraph (1)(A) shall include the following:
[[Page 125 STAT. 207]]
(A) A comparison of the academic growth and
achievement of participating eligible students in the
measurements described in paragraph (3) to the academic
growth and achievement of the eligible students in the
same grades who sought to participate in the scholarship
program under this division but were not selected.
(B) The success of the program in expanding choice
options for parents of participating eligible students,
improving parental and student satisfaction of such
parents and students, respectively, and increasing
parental involvement of such parents in the education of
their children.
(C) The reasons parents of participating eligible
students choose for their children to participate in the
program, including important characteristics for
selecting schools.
(D) A comparison of the retention rates, high school
graduation rates, and college admission rates of
participating eligible students with the retention
rates, high school graduation rates, and college
admission rates of students of similar backgrounds who
do not participate in such program.
(E) A comparison of the safety of the schools
attended by participating eligible students and the
schools in the District of Columbia attended by students
who do not participate in the program, based on the
perceptions of the students and parents.
(F) Such other issues with respect to participating
eligible students as the Secretary considers appropriate
for inclusion in the evaluation, such as the impact of
the program on public elementary schools and secondary
schools in the District of Columbia.
(G) An analysis of the issues described in
subparagraphs (A) through (F) by applying such
subparagraphs by substituting ``the subgroup of
participating eligible students who have used each
opportunity scholarship awarded to such students under
this division to attend a participating school'' for
``participating eligible students'' each place such term
appears.
(5) Prohibition.--Personally identifiable information
regarding the results of the measurements used for the
evaluations may not be disclosed, except to the parents of the
student to whom the information relates.
(b) Reports.--The Secretary shall submit to the Committees on
Appropriations, Education and the Workforce, and Oversight and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Homeland
Security and Governmental Affairs of the Senate--
(1) annual interim reports, not later than April 1 of the
year following the year of the date of enactment of this
division, and each subsequent year through the year in which the
final report is submitted under paragraph (2), on the progress
and preliminary results of the evaluation of the opportunity
scholarship program funded under this division; and
(2) a final report, not later than 1 year after the final
year for which a grant is made under section 3004(a), on the
results of the evaluation of the program.
[[Page 125 STAT. 208]]
(c) Public Availability.--All reports and underlying data gathered
pursuant to this section shall be made available to the public upon
request, in a timely manner following submission of the applicable
report under subsection (b), except that personally identifiable
information shall not be disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the Secretary
to carry out this section for any fiscal year may not exceed 5 percent
of the total amount appropriated under section 3014(a)(1) for the fiscal
year.
SEC. 3010. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each eligible entity receiving funds under
section 3004(a) during a year shall submit a report to the Secretary not
later than July 30 of the following year regarding the activities
carried out with the funds during the preceding year.
(b) Achievement Reports.--
(1) In general.--In addition to the reports required under
subsection (a), each eligible entity receiving funds under
section 3004(a) shall, not later than September 1 of the year
during which the second school year of the entity's program is
completed and each of the next 2 years thereafter, submit to the
Secretary a report, including any pertinent data collected in
the preceding 2 school years, concerning--
(A) the academic growth and achievement of students
participating in the program;
(B) the high school graduation and college admission
rates of students who participate in the program, where
appropriate; and
(C) parental satisfaction with the program.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information.
(c) Reports to Parents.--
(1) In general.--Each eligible entity receiving funds under
section 3004(a) shall ensure that each school participating in
the entity's program under this division during a school year
reports at least once during the year to the parents of each of
the school's students who are participating in the program on--
(A) the student's academic achievement, as measured
by a comparison with the aggregate academic achievement
of other participating students at the student's school
in the same grade or level, as appropriate, and the
aggregate academic achievement of the student's peers at
the student's school in the same grade or level, as
appropriate;
(B) the safety of the school, including the
incidence of school violence, student suspensions, and
student expulsions; and
(C) the accreditation status of the school.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information, except as to the student who is the
subject of the report to that student's parent.
(d) Report to Congress.--Not later than 6 months after the first
appropriation of funds under section 3014, and each succeeding year
thereafter, the Secretary shall submit to the Committees on
[[Page 125 STAT. 209]]
Appropriations, Education and the Workforce, and Oversight and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Homeland
Security and Governmental Affairs of the Senate, an annual report on the
findings of the reports submitted under subsections (a) and (b).
SEC. 3011. DC PUBLIC SCHOOLS AND DC PUBLIC CHARTER SCHOOLS.
(a) Condition of Receipt of Funds.--As a condition of receiving
funds under this division on behalf of the District of Columbia public
schools and the District of Columbia public charter schools, the Mayor
shall agree to carry out the following:
(1) Information requests.--Ensure that all the District of
Columbia public schools and the District of Columbia public
charter schools comply with all reasonable requests for
information for purposes of the evaluation under section
3009(a).
(2) Agreement with the secretary.--
<<NOTE: Contracts.>> Enter into the agreement described in
section 3009(a)(1)(B) to monitor and evaluate the use of funds
authorized and appropriated for the District of Columbia public
schools and the District of Columbia public charter schools
under this division.
(3) Submission of report.--Not later than 6 months after the
first appropriation of funds under section 3014, and each
succeeding year thereafter, submit to the Committee on
Appropriations, the Committee on Education and the Workforce,
and the Committee on Oversight and Government Reform of the
House of Representatives, and the Committee on Appropriations,
the Committee on Health, Education, Labor, and Pensions, and the
Committee on Homeland Security and Governmental Affairs of the
Senate, information on--
(A) how the funds authorized and appropriated under
this division for the District of Columbia public
schools and the District of Columbia public charter
schools were used in the preceding school year; and
(B) how such funds are contributing to student
achievement.
(b) Enforcement.-- <<NOTE: Notice. Determination.>> If, after
reasonable notice and an opportunity for a hearing for the Mayor, the
Secretary determines that the Mayor has not been in compliance with 1 or
more of the requirements described in subsection (a), the Secretary may
withhold from the Mayor, in whole or in part, further funds under this
division for the District of Columbia public schools and the District of
Columbia public charter schools.
(c) Rule of Construction.--Nothing in this section shall be
construed to reduce, or otherwise affect, funding provided under this
division for the opportunity scholarship program under this division.
SEC. 3012. TRANSITION PROVISIONS.
(a) Repeal.--The DC School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code) is repealed.
(b) Special Rules.--Notwithstanding any other provision of law--
(1) funding appropriated to provide opportunity scholarships
for students in the District of Columbia under the heading
``Federal Payment for School Improvement'' in title IV of
division D of the Omnibus Appropriations Act, 2009 (Public Law
111-8; 123 Stat. 653), the heading ``Federal Payment for School
[[Page 125 STAT. 210]]
Improvement'' in title IV of division C of the Consolidated
Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 3181),
or any other Act, may be used to provide opportunity
scholarships under section 3007(a) for the 2011-2012 school year
to students who have not previously received such scholarships;
(2) the fourth and fifth provisos under the heading
``Federal Payment for School Improvement'' of title IV of
Division C of the Consolidated Appropriations Act, 2010 (Public
Law 111-117; 123 Stat. 3181) shall not apply; and
(3) any unobligated amounts reserved to carry out the
provisos described in paragraph (2) shall be made available to
an eligible entity receiving a grant under section 3004(a)--
(A) for administrative expenses described in section
3007(b); or
(B) to provide opportunity scholarships under
section 3007(a), including to provide such scholarships
for the 2011-2012 school year to students who have not
previouslyreceived such scholarships.
(c) Multiyear <<NOTE: Grants. Contracts. Extension.>> Awards.--The
recipient of a grant or contract under the DC School Choice Incentive
Act of 2003 (sec. 38-1851.01 et seq., D.C. Official Code), as such Act
was in effect on the day before the date of the enactment of this
division, shall continue to receive funds in accordance with the terms
and conditions of such grant or contract, except that--
(1) the provisos relating to opportunity scholarships in the
Acts described in subsection (b)(1) shall not apply; and
(2) <<NOTE: Applicability.>> the memorandum of understanding
described in subsection (d), including any revision made under
such subsection, shall apply.
(d) Memorandum of Understanding.--The Secretary and the Mayor of the
District of Columbia shall revise the memorandum of understanding
entered into under the DC School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code), as such Act was in effect on the
day before the date of the enactment of this division, to address--
(1) the implementation of the opportunity scholarship
program under this division; and
(2) how the Mayor will ensure that the District of Columbia
public schools and the District of Columbia public charter
schools comply with all the reasonable requests for information
as necessary to fulfill the requirements for evaluations
conducted under section 3009(a).
(e) Orderly Transition.--Subject to subsections (c) and (d), the
Secretary shall take such steps as the Secretary determines to be
appropriate to provide for the orderly transition to the authority of
this division from any authority under the provisions of the DC School
Choice Incentive Act of 2003 (sec. 38-1851.01 et seq., D.C. Official
Code), as such Act was in effect on the day before the date of enactment
of this division.
SEC. 3013. DEFINITIONS.
As used in this division:
(1) Elementary school.--The term ``elementary school'' means
an institutional day or residential school, including a public
elementary charter school, that provides elementary education,
as determined under District of Columbia law.
[[Page 125 STAT. 211]]
(2) Eligible entity.--The term ``eligible entity'' means any
of the following:
(A) A nonprofit organization.
(B) A consortium of nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means a
student who is a resident of the District of Columbia and comes
from a household--
(A) receiving assistance under the supplemental
nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(B) whose income does not exceed--
(i) 185 percent of the poverty line; or
(ii) in the case of a student participating in
the opportunity scholarship program in the
preceding year under this division or the DC
School Choice Incentive Act of 2003 (sec. 38-
1851.01 et seq., D.C. Official Code), as such Act
was in effect on the day before the date of
enactment of this division, 300 percent of the
poverty line.
(4) Mayor.--The term ``Mayor'' means the Mayor of the
District of Columbia.
(5) Parent.--The term ``parent'' has the meaning given that
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(6) Participating eligible student.--The term
``participating eligible student'' means an eligible student
awarded an opportunity scholarship under this division, without
regard to whether the student uses the scholarship to attend a
participating school.
(7) Participating school.--The term ``participating school''
means a private elementary school or secondary school
participating in the opportunity scholarship program of an
eligible entity under this division.
(8) Poverty line.--The term ``poverty line'' has the meaning
given that term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(9) Secondary school.--The term ``secondary school'' means
an institutional day or residential school, including a public
secondary charter school, that provides secondary education, as
determined under District of Columbia law, except that the term
does not include any education beyond grade 12.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3014. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $60,000,000
for fiscal year 2012 and for each of the 4 succeeding fiscal years, of
which--
(1) one-third shall be made available to carry out the
opportunity scholarship program under this division for each
fiscal year;
(2) one-third shall be made available to carry out section
3004(b)(1) for each fiscal year; and
(3) one-third shall be made available to carry out section
3004(b)(2) for each fiscal year.
[[Page 125 STAT. 212]]
(b) Apportionment.--If the total amount of funds appropriated under
subsection (a) for a fiscal year does not equal $60,000,000, the funds
shall be apportioned in the manner described in subsection (a) for such
fiscal year.
Approved April 15, 2011.
LEGISLATIVE HISTORY--H.R. 1473:
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CONGRESSIONAL RECORD, Vol. 157 (2011):
Apr. 14, considered and passed House and Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011):
Apr. 15, Presidential statement.
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